Galvanized Steel Wire from the People's Republic of China
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Federal Register / Vol. 76, No. 229 / Tuesday, November 29, 2011 / Notices 73589 conversion to judicial protective order is timely allegation of a ministerial error of the HTSUS which cover galvanized hereby requested. Failure to comply contained in the Department’s wire of all diameters and all carbon with the regulations and terms of an Preliminary Determination.4 content. Galvanized wire is reported APO is a violation which is subject to After reviewing the allegation, we under statistical reporting numbers sanction. have determined that the Preliminary 7217.20.3000, 7217.20.4510, We are issuing and publishing these Determination included a significant 7217.20.4520, 7217.20.4530, results and notice in accordance with ministerial error. Therefore, in 7217.20.4540, 7217.20.4550, sections 751(c), 752, and 777(i)(1) of the accordance with 19 CFR 351.224(e), we 7217.20.4560, 7217.20.4570, and Act. have made a change, as described 7217.20.4580. These products may also Dated: November 22, 2011. below, to the Preliminary enter under HTSUS subheadings Paul Piquado, Determination. 7229.20.0015, 7229.20.0090, 7229.90.5008, 7229.90.5016, Assistant Secretary for Import Period of Investigation Administration. 7229.90.5031, and 7229.90.5051. The period of investigation (‘‘POI’’) is [FR Doc. 2011–30767 Filed 11–28–11; 8:45 am] Although the HTSUS subheadings are July 1, 2010, through December 31, BILLING CODE 3510–DS–P provided for convenience and customs 2010. This period corresponds to the purposes, the written description of the two most recent fiscal quarters prior to merchandise is dispositive. DEPARTMENT OF COMMERCE the month of the filing of the petition (March 31, 2011).5 Significant Ministerial Error International Trade Administration Scope of Investigation Ministerial errors are defined in 19 [A–570–975] The scope of this investigation covers CFR 351.224(f) as ‘‘an error in addition, galvanized steel wire which is a cold- subtraction, or other arithmetic Galvanized Steel Wire From the function, clerical error resulting from People’s Republic of China: Amended drawn carbon quality steel product in coils, of solid, circular cross section inaccurate copying, duplication, or the Preliminary Determination of Sales at like, and any other similar type of Less Than Fair Value with an actual diameter of 0.5842 mm (0.0230 inch) or more, plated or coated unintentional error which the Secretary AGENCY: Import Administration, with zinc (whether by hot-dipping or considers ministerial.’’ 19 CFR International Trade Administration, electroplating). 351.224(e) provides that the Department Department of Commerce. Steel products to be included in the ‘‘will analyze any comments received and, if appropriate, correct any DATES: Effective Date: November 29, scope of this investigation, regardless of significant ministerial error by 2011. Harmonized Tariff Schedule of the SUMMARY: On November 4, 2011, the United States (‘‘HTSUS’’) definitions, amending the preliminary Department of Commerce are products in which: (1) Iron determination.’’ A significant (‘‘Department’’) published the predominates, by weight, over each of ministerial error is defined as a preliminary determination of sales at the other contained elements; (2) the ministerial error, the correction of less than fair value in the antidumping carbon content is two percent or less, by which, singly or in combination with investigation of galvanized steel wire weight; and (3) none of the elements other errors, would result in: (1) A from the People’s Republic of China listed below exceeds the quantity, by change of at least five absolute (‘‘PRC’’).1 We are amending our weight, respectively indicated: percentage points in, but not less than Preliminary Determination to correct —1.80 percent of manganese, or 25 percent of, the weighted-average certain ministerial errors with respect to —1.50 percent of silicon, or dumping margin calculated in the the antidumping duty margin —1.00 percent of copper, or original (erroneous) preliminary calculation for the Baozhang entity.2 —0.50 percent of aluminum, or determination; or (2) a difference The corrections to the Baozhang entity’s —1.25 percent of chromium, or between a weighted-average dumping margin also affect the margin assigned —0.30 percent of cobalt, or margin of zero or de minimis and a to companies receiving a separate rate. —0.40 percent of lead, or weighted-average dumping margin of 6 FOR FURTHER INFORMATION CONTACT: —1.25 percent of nickel, or greater than de minimis or vice versa. Katie Marksberry, AD/CVD Operations, —0.30 percent of tungsten, or Ministerial Error Allegation Office 9, Import Administration, —0.02 percent of boron, or International Trade Administration, —0.10 percent of molybdenum, or Truck Freight for Baozhang U.S. Department of Commerce, 14th —0.10 percent of niobium, or Petitioners argue that the Department Street and Constitution Avenue NW., —0.41 percent of titanium, or incorrectly applied the surrogate value Washington, DC 20230; telephone: (202) —0.15 percent of vanadium, or for truck freight on a per-kilogram basis, 482–7906. —0.15 percent of zirconium. Specifically excluded from the scope rather than on a per-metric ton basis, SUPPLEMENTARY INFORMATION: On because the Baozhang entity reported its November 4, 2011, Petitioners 3 filed a of this investigation is galvanized steel wire in coils of 15 feet or less which is factors of production (‘‘FOPs’’) on a per- metric ton basis and the Department 1 See Preliminary Determination of Sales at Less pre-packed in individual retail Than Fair Value and Postponement of Final packages. The products subject to this calculated the Baozhang entity’s margin Determination: Galvanized Steel Wire from the investigation are currently classified in on a per-metric ton basis. Petitioners People’s Republic of China, 76 FR 68407 (November subheadings 7217.20.30 and 7217.20.45 request that the Department correct this 4, 2011) (‘‘Preliminary Determination’’). error by converting the surrogate value 2 The Baozhang entity consists of Shanghai Bao Zhang Industry Co., Ltd. and Anhui Bao Zhang 4 See Letter to the Department from Petitioners for truck freight to a per-metric ton Metal Products Co., Ltd. (‘‘Anhui Baozhang’’), See Re: Antidumping Investigation of Galvanized Steel basis. Further, Petitioners contend that Preliminary Determination at 68413. Wire from the People’s Republic of China— correcting this error would result in a 3 Davis Wire Corporation, Johnstown Wire Petitioners’ Ministerial Error Comment Regarding significantly higher weight-averaged Technologies, Inc., Mid-South Wire Company, Inc., Preliminary Determination for Bao Zhang National Standard, LLC and Oklahoma Steel & Wire Companies, dated November 4, 2011. Company, Inc. (collectively, ‘‘Petitioners’’). 5 See 19 CFR 351.204(b)(1). 6 See 19 CFR 351.224(g). VerDate Mar<15>2010 15:20 Nov 28, 2011 Jkt 226001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\29NON1.SGM 29NON1 mstockstill on DSK4VPTVN1PROD with NOTICES 73590 Federal Register / Vol. 76, No. 229 / Tuesday, November 29, 2011 / Notices dumping margin for the Baozhang error.7 As a result of correcting the for the PRC-wide entity does not entity. above error in the Baozhang entity’s change. We agree that the Department did not margin, the margin for the companies Amended Preliminary Determination apply the correct unit of measure to the granted separate-rate status must also be truck freight surrogate value. Moreover, revised because the margin for those As a result of the correction of the we determine that this error is a companies was partially derived from ministerial error, the weighted-average ‘‘significant ministerial error’’ as the Baozhang entity’s margin.8 The rate dumping margins for the Baozhang defined in 19 CFR 351.224(g)(1). entity and the separate rate companies Accordingly, we have corrected the are as follows: GALVANIZED STEEL WIRE FROM THE PRC Weighted-average Exporter Producer margin (percent) Tianjin Honbase Machinery Manufactory Tianjin Honbase Machinery Manufactory Co., Ltd ................................................. 131.84 Co., Ltd. Anhui Bao Zhang Metal Products Co., Anhui Bao Zhang Metal Products Co., Ltd ............................................................ 99.87 Ltd. Shanghai Bao Zhang Industry Co., Ltd Shanghai Bao Zhang Industry Co., Ltd .................................................................. 99.87 Shanghai Bao Zhang Industry Co., Ltd Anhui Bao Zhang Metal Products Co., Ltd ............................................................ 99.87 Anhui Bao Zhang Metal Products Co., Shanghai Bao Zhang Industry Co., Ltd .................................................................. 99.87 Ltd. Shijiazhuang Kingway Metal Products Shijiazhuang Kingway Metal Products Co., Ltd ..................................................... 129.11 Co., Ltd. Shanxi Yuci Broad Wire Products Co., Shanxi Yuci Broad Wire Products Co., Ltd ............................................................ 129.11 Ltd. Huanghua Jinhai Hardware Products Huanghua Jinhai Hardware Products Co., Ltd ....................................................... 129.11 Co., Ltd. Huanghua Jinhai Import & Export Trad- Huanghua Jinhai Hardware Products Co., Ltd ....................................................... 129.11 ing Co., Ltd. Guizhou Wire Rope Incorporated Com- Guizhou Wire Rope Incorporated Company .......................................................... 129.11 pany. Hebei Minmetals Co., Ltd ...................... Huanghua Jinhai Hardware Products