Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Notices 68407

applicable deadline specified in section Countervailing Duty Centralized DEPARTMENT OF COMMERCE 351.218(d)(1)(i) of the Department’s Electronic Service System (‘‘IA regulations. Domestic interested parties ACCESS’’). Access to IA ACCESS is International Trade Administration claimed interested-party status under available in the Central Records Unit section 771(9)(C) of the Act as producers (‘‘CRU’’), room 7046, of the main [A–570–975] of the domestic like product. Department of Commerce building. In The Department also received addition, a complete version of the Galvanized Steel Wire From the complete substantive responses from the Issues and Decision Memorandum can People’s Republic of China: domestic interested parties within the be accessed directly on the Internet at Preliminary Determination of Sales at 30-day deadline specified in the Less Than Fair Value and http://www.trade.gov/ia/frn. The signed Department’s regulations under section Postponement of Final Determination 351.218(d)(3)(i). The Department did Issues and Decision Memorandum and not receive a substantive response from the electronic version of the Issues and AGENCY: Import Administration, the Russian government or any Russian Decision Memorandum are identical in International Trade Administration, producer/exporter of the subject content. Department of Commerce. merchandise. On August 16, 2011, the Final Results of Review DATES: Effective Date: November 4, Department determined that the 2011. substantive responses from the domestic We determine that termination of the interested parties were adequate, Suspension Agreement and the SUMMARY: We preliminarily determine consistent with the requirements of underlying antidumping duty that galvanized steel wire from the section 351.218(e)(1)(i)(A). See investigation on uranium from Russia People’s Republic of China (‘‘PRC’’) is Memorandum to Sally C. Gannon, would likely lead to a continuation or being, or is likely to be, sold in the United States at less than fair value Director for Bilateral Agreements, Office recurrence of dumping at the following (‘‘LTFV’’), as provided in section 733 of of Policy, from Maureen Price, Senior percentage weighted-average margin: Policy Analyst, Office of Policy, the Tariff Act of 1930, as amended (‘‘the regarding ‘‘Sunset Review of the Weighted- Act’’). The estimated margins of sales at Agreement Suspending the Exporter/manufacturer average margin LTFV are shown in the ‘‘Preliminary Antidumping Investigation of Uranium (percent) Determination’’ section of this notice. from the Russian Federation: Adequacy Pursuant to a request from an interested Determination’’ (August 16, 2011). Russia-Wide ...... 115.82 party, we are postponing the final Based on the lack of any substantive determination by 60 days and extending response from respondent interested This notice also serves as the only provisional measures from a four-month parties, the Department also determined reminder to parties subject to period to not more than six months. to conduct an expedited (120-day) administrative protective order (‘‘APO’’) Accordingly, we will make our final sunset review, in accordance with 19 of their responsibility concerning the determination not later than 135 days CFR 351.218(e)(1)(ii)(C)(2). See Id. See return or destruction of proprietary after publication of the preliminary also Letter from Barbara E. Tillman, information disclosed under APO in determination. Director, Office 6, AD/CVD Operations, accordance with 19 CFR 351.305 of the to Catherine DeFilippo, Director, Office FOR FURTHER INFORMATION CONTACT: Department’s regulations. Timely of Investigations, International Trade Irene Gorelik, Katie Marksberry or Kabir notification of the return or destruction Commission (August 22, 2011). Archuletta, AD/CVD Operations, Office of APO materials or conversion to 9, Import Administration, International Analysis of Comments Received judicial protective order is hereby Trade Administration, U.S. Department All issues raised by interested parties requested. Failure to comply with the of Commerce, 14th Street and in this sunset review are addressed in regulations and terms of an APO is a Constitution Avenue NW., Washington, the ‘‘Issues and Decision Memorandum violation which is subject to sanction. DC, 20230; telephone: (202) 482–6905, for the Third Sunset Review of the We are issuing and publishing this (202) 482–7906, or 482–2593, Agreement Suspending the notice in accordance with sections respectively. Antidumping Duty Investigation on 751(c), 752(c), and 777(i)(1) of the Tariff SUPPLEMENTARY INFORMATION: Uranium from the Russian Federation; Act. Final Results,’’ to Paul Piquado, Initiation Assistant Secretary for Import Dated: October 28, 2011. Administration, from Carole Showers, Paul Piquado, On March 31, 2011, the Department of Commerce (‘‘Department’’) received an Acting Deputy Assistant Secretary for Assistant Secretary for Import antidumping duty petition concerning Policy and Negotiations (October 28, Administration. imports of galvanized steel wire from 2011) (‘‘Issues and Decision [FR Doc. 2011–28652 Filed 11–3–11; 8:45 am] Memorandum’’), which is adopted by the PRC, filed in proper form by Davis BILLING CODE 3510–DS–P this notice. The issues, and Wire Corporation, Johnstown Wire corresponding recommendations, Technologies, Inc., Mid-South Wire discussed in the Issues and Decision Company, Inc., National Standard, LLC Memorandum include the likelihood of and Oklahoma Steel & Wire Company, 1 continuation or recurrence of dumping Inc. (collectively, ‘‘Petitioners’’). On and the magnitude of the margins likely April 20, 2011, the Department initiated to prevail were the suspended an antidumping duty investigation of antidumping duty investigation to be terminated. The Issues and Decision 1 See Petitions for the Imposition of Antidumping Duties on Galvanized Steel Wire from Mexico and Memorandum is a public document and Antidumping and Countervailing Duties on is on file electronically via Import Galvanized Steel Wire from the People’s Republic Administration’s Antidumping and of China filed on March 31, 2011 (the ‘‘Petition’’).

VerDate Mar<15>2010 17:06 Nov 03, 2011 Jkt 226001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\04NON1.SGM 04NON1 mstockstill on DSK4VPTVN1PROD with NOTICES 68408 Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Notices

galvanized steel wire from the PRC.2 —0.10 percent of niobium, or from the scope of this investigation Additionally, in the Initiation Notice, —0.41 percent of titanium, or ‘‘galvanized steel wire * * * sold in the Department notified parties of the —0.15 percent of vanadium, or retail packaging where the pre-packaged application process by which exporters —0.15 percent of zirconium. length is no more than 300 feet, and producers may obtain separate-rate Specifically excluded from the scope regardless of the diameter (gauge) of the status in non-market economy (‘‘NME’’) of this investigation is galvanized steel wire.’’ 8 Also on May 10, 2011, we investigations.3 wire in coils of 15 feet or less which is received scope comments from On May 16, 2011, the United States pre-packed in individual retail Shanghai Bao Zhang Industry Co., Ltd., International Trade Commission (‘‘ITC’’) packages. The products subject to this Anhui Bao Zhang Metal Products Co., issued its affirmative preliminary investigation are currently classified in Ltd., and B&Z Galvanized Wire Industry determination that there is a reasonable subheadings 7217.20.30 and 7217.20.45 (collectively, Baozhang), requesting that indication that an industry in the of the HTSUS which cover galvanized the Department exclude from the scope United States is materially injured or wire of all diameters and all carbon of the investigation galvanized steel threatened with material injury by content. Galvanized wire is reported wire with a diameter of less than one reason of imports from the PRC of under statistical reporting numbers millimeter.9 In its comments, Baozhang galvanized steel wire. The ITC’s 7217.20.3000, 7217.20.4510, states that it has been a reliable source preliminary determination was 7217.20.4520, 7217.20.4530, of this smaller-gauged wire to U.S. published in the Federal Register on 7217.20.4540, 7217.20.4550, producers of stucco netting because the May 20, 2011.4 7217.20.4560, 7217.20.4570, and U.S. galvanized wire industry does not 7217.20.4580. These products may also offer this gauge wire with a diameter of Period of Investigation enter under HTSUS subheadings less than one milimeter. As such, The period of investigation (‘‘POI’’) is 7229.20.0015, 7229.20.0090, Baozhang requests that the Department July 1, 2010, through December 31, 7229.90.5008, 7229.90.5016, exclude from the scope of this 2010. This period corresponds to the 7229.90.5031, and 7229.90.5051. investigation such material since any two most recent fiscal quarters prior to Although the HTSUS subheadings are alleged injury experienced by the U.S. the month of the filing of the petition provided for convenience and Customs industry cannot be related to imports of (March 31, 2011).5 purposes, the written description of the this product.10 merchandise is dispositive. On May 10, 2011, the Department also Scope of the Investigation received comments from two U.S. Scope Comments The scope of this investigation covers producers of stucco netting, Tree Island galvanized steel wire which is a cold- In accordance with the preamble to Wire (USA), Inc. (Tree Island) and drawn carbon quality steel product in the Department’s regulations, see Preferred Wire Products, Inc., (Preferred coils, of solid, circular cross section Preamble, 62 FR at 27323, in our Wire) both supporting the position that with an actual diameter of 0.5842 mm Initiation Notice we set aside a period galvanized steel wire less than 1 (0.0230 inch) or more, plated or coated of time for parties to raise issues millimeter in diameter be excluded from with zinc (whether by hot-dipping or regarding product coverage, and the scope of the investigation.11 electroplating). encouraged all parties to submit Petitioners filed rebuttal comments Steel products to be included in the comments within 20 calendar days of regarding the scope exclusion requests scope of this investigation, regardless of publication of the Initiation Notice. by AHM and Baozhang on June 22, Harmonized Tariff Schedule of the On May 10, 2011, we received 2011.12 In its comments, Petitioners United States (‘‘HTSUS’’) definitions, comments from Qingdao Ant Hardware state that despite AHM’s contention that are products in which: (1) Iron Manufacturing, Co., Ltd. (AHM) retail-ready, shorter strands of predominates, by weight, over each of concerning the scope of this galvanized wire are purely for non- 6 the other contained elements; (2) the investigation. In its submission, AHM industrial, personal use, this galvanized carbon content is two percent or less, by requested that the Department exclude weight; and (3) none of the elements from the scope of the investigation 8 See id., at 4; In the AHM Scope Comments, AHM had originally and inadvertently specified a listed below exceeds the quantity, by certain steel wire pre-packed in retail packaging.7 AHM stated that this type of maximum pre-packed length of 30 feet. AHM weight, respectively indicated: subsequently filed an additional submission on wire is typically sold in pre-packed, —1.80 percent of manganese, or June 17, 2011, correcting this language, and retail packages having inner diameters clarifying that the reference to ‘‘30 feet’’ was —1.50 percent of silicon, or of 2.25 to 8 inches and with lengths of intended to reference ‘‘300 feet.’’ AHM requested —1.00 percent of copper, or 25 to 250 feet and, furthermore, is that these products also be excluded from the scope —0.50 percent of aluminum, or of the antidumping investigation covering generally sold in retail stores that do not —1.25 percent of chromium, or galvanized wire from the People’s Republic of —0.30 percent of cobalt, or carry industrial or commercial building China. products. AHM further commented that 9 See Letter from Baozhang to the Department, —0.40 percent of lead, or titled ‘‘Comments on Scope Issues: Investigation of —1.25 percent of nickel, or pre-packed retail steel wire of the afore- mentioned lengths is not contemplated the Galvanized Steel Wire from the People’s —0.30 percent of tungsten, or Republic of China,’’ dated May 10, 2011 (‘‘Baozhang —0.02 percent of boron, or to be within the scope of this Scope Comments’’). —0.10 percent of molybdenum, or investigation, as the wire is non- 10 See id., at 2. industrial, retail-ready and for 11 See Letter from Tree Island to the Department, individual/home use. Specifically, AHM titled ‘‘Scope Comments in the Investigation of 2 See Galvanized Steel Wire from the People’s Galvanized Steel Wire from China,’’ dated May 10, Republic of China and Mexico: Initiation of requested that the Department exclude 2011; Letter from Preferred Wire to the Department, Antidumping Duty Investigations, 76 FR 23548 titled ‘‘Scope Comments in the Investigation of (April 27, 2011) (‘‘Initiation Notice’’). 6 See Letter from Qingdao Ant Hardware Galvanized Steel Wire from China,’’ dated May 10, 3 See id., at 76 FR 23553. Manufacturing Co., Ltd. to the Department, titled 2011. 4 See Investigation Nos. 701–TA–479 and 731– ‘‘Scope Comments in the Antidumping and 12 See Letter from Petitioners to the Department, TA–1183–1184 (Preliminary), Galvanized Steel Countervailing Duty Investigations of Galvanized titled ‘‘Galvanized Steel Wire from Mexico and Wire From China and Mexico, 76 FR 29266 (May Steel Wire from China and Mexico,’’ dated May 10, China—Petitioners’ Comments on Respondents’ 20, 2011). 2011 (‘‘AHM Scope Comments’’). Scope Requests,’’ dated June 22, 2011 (‘‘Rebuttal 5 See 19 CFR 351.204(b)(1). 7 See id., at 2. Scope Comments’’).

VerDate Mar<15>2010 17:06 Nov 03, 2011 Jkt 226001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\04NON1.SGM 04NON1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Notices 68409

wire is covered by the scope of this 7217.20.4550, 7217.20.4560, issued the NME questionnaire to investigation. We preliminarily 7217.20.4570, and 7217.20.4580. These Baozhang on June 29, 2011. determine that the material described by are the same HTSUS numbers used by Questionnaires AHM is subject to the scope of this Petitioners to demonstrate that dumping investigation and constitutes a product occurred during the POI, are referenced On June 9, 2011, the Department for which Petitioners are seeking relief. in the scope of the investigation above, issued to the mandatory respondents the However, Petitioners state that and closely match the merchandise NME questionnaire with product galvanized wire in coils of 15 feet or under consideration.14 Of the 28 characteristics used in the designation less, which are pre-packed in individual companies to which we sent Q&V of CONNUMs and assigned to the retail packages, may be excluded from questionnaires, we received ten Q&V merchandise under consideration. The the scope of the investigation as they are responses.15 We also received 14 Department issued supplemental not seeking relief for this specific unsolicited Q&V responses.16 questionnaires to Tianjin Huayuan, product. Accordingly, and as noted After considering comments Tianjin Honbase, and Baozhang between above, we have excluded such submitted by certain interested parties, July 2011 and October 2011. merchandise from the scope of this on June 9, 2011, the Department Surrogate Country Comments investigation. selected three mandatory respondents Finally, with regard to the remaining for individual examination: Tianjin On June 20, 2011, the Department comments concerning the exclusion of Honbase Machinery Manufactory Co., determined that Colombia, Indonesia, galvanized wire of a diameter less than Ltd. (‘‘Tianjin Honbase’’); Tianjin the Philippines, South Africa, Thailand, one millimeter, Petitioners state a Huayuan Metal Wire Products Co., Ltd. and Ukraine are countries whose per diameter less than one millimeter is (‘‘Tianjin Huayuan’’); and Tianjin capita gross national income are covered by the scope of this Jinghai Yicheng Metal Products Co., Ltd. comparable to the PRC in terms of investigation. We preliminarily find that (‘‘Tianjin Jinghai’’). These companies economic development.20 On June 21, such merchandise is subject to the scope account for the largest volume of 2011, the Department requested of this investigation and is a product for exports of galvanized steel wire, based comments from the interested parties which Petitioners are seeking relief. on the Q&V responses, to the United regarding the selection of a surrogate States that can be reasonably country. On August 2, 2011, the Quantity and Value and Respondent examined.17 Department extended the deadline for Selection On June 21, 2009, Tianjin Jinghai filed the submission of surrogate country and In the Initiation Notice, the a letter stating that it would not factor valuation comments to August 15, Department stated that after considering participate as a mandatory respondent 2011, and September 1, 2011, the large number of producers and in this investigation.18 On June 29, respectively. On August 15, 2011, exporters of galvanized steel wire from 2011, the Department selected Baozhang Petitioners, Tianjin Honbase, Tianjin the PRC identified by Petitioners, and as a replacement mandatory respondent, Huayuan, and Baozhang submitted considering the resources that must be as Baozhang was the next largest surrogate country comments. For a utilized by the Department to mail producer/exporter of galvanized steel detailed discussion of the selection of quantity and value (‘‘Q&V’’) wire by volume.19 The Department the surrogate country, see ‘‘Surrogate questionnaires to all 279 identified Country’’ section below. producers and exporters, the 14 See Initiation Notice, 76 FR at 23553. Surrogate Value Comments Department determined to limit the 15 We received Q&V responses from the following number of Q&V questionnaires sent out companies to which we issued a Q&V On September 1, 2011, Petitioners, 13 questionnaire: Anhui Baozhang Metal Products Tianjin Huayuan, Tianjin Honbase, and to exporters and producers based on Limited (‘‘Baozhang’’); Dezhou Hualude Hardware U.S. Customs and Border Protection Products Co. Ltd.; Fasten Group Imp. & Exp. Co. Baozhang submitted surrogate factor (‘‘CBP’’) data for U.S. imports under the Ltd.; Hebei Cangzhou New Century Foreign Trade; valuation comments and data. On HTSUS numbers 7217.20.3000, Hebei Minmetals Co. Ltd.; M & M Industries Co., September 12, 2011, Petitioners and Ltd.; Shaanxi New Mile International Trade Co. Baozhang submitted rebuttal surrogate 7217.20.4510, 7217.20.4520, Ltd.; Shanghai Baozhang Industry Co. Ltd.; 7217.20.4530, 7217.20.4540, Shanghai Seti Enterprise Int’l Co., Ltd.; and Tianjin factor valuation comments. Jinghai Yicheng Metal Products Co. Ltd. Separate-Rates Applications 13 The Department sent Q&V questionnaires to the 16 We received unsolicited Q&V responses from following 28 companies: Anhui Baozhang Metal the following companies: Huanghua Jinhai Between June 13, 2011, and June 28, Products Limited; Anping Shuangmai Metal Hardware Products Co., Ltd.; Huanghua Jinhai 2011, we received separate rate Products Co., Ltd.; Anping Xinhong Wire Mesh Co Import and Export Trading Co., Ltd.; Shandong applications from 21 companies.21 See Ltd.; Beijing Catic Industry Limited.; Benxi Minmetals Co., Ltd.; Shanxi Yuci Broad Wire Wasainuo Metal Packaging Production Co., Ltd.; Products Co., Ltd.; Shijiazhuang Kingway Metal China National Electronics Imp. & Exp. Ningbo Co., Products Co., Ltd.; Suntec Industries Co., Ltd.; Countervailing Duty Operations, from James C. Ltd.; Dezhou Hualude Hardware Products Co. Ltd.; Tianjin Honbase Machinery Manufactory Co., Ltd.; Doyle, Director, Office 9; Antidumping Duty Easen Corp.; Ecms O/B Tianjin Huayuan Metal Tianjin Tianxin Metal Products Co., Ltd.; Tianjin Investigation of Galvanized Steel Wire from the Wire; Fasten Group Imp. & Exp. Co. Ltd.; Hebei Huayuan Metal Wire Products Co., Ltd.; Tianjin People’s Republic of China, re; Selection of an Cangzhou New Century Foreign Trade; Hebei Huayuan Times Metal Products Co., Ltd.; Tianjin Additional Mandatory Respondent,’’ dated June 29, Dongfang Hardware And Mesh Co., Ltd.; Hebei Mei Jia Hua Trade Co., Ltd.; Qingdao Ant Hardware 2011 (‘‘Replacement Respondent Selection Memo’’). Longda Trade Co., Ltd.; Hebei Minmetals Co. Ltd.; Manufacturing Co., Ltd.; Xi’an Metals and Minerals 20 See ‘‘Memorandum from Carole Showers, Huanghua Yufutai Hardware Products Co., Ltd.; M Import and Export Co., Ltd.; and Guizhou Wire Director, Office of Policy, to Catherine Bertrand, & M Industries Co., Ltd.; Maccaferri (Changsha) Rope Inc., Co. Program Manager, China/NME Group, Office 9: Enviro-Tech Co.; Nantong Long Yang International 17 See ‘‘Memorandum to Christian Marsh, Deputy Antidumping Investigation of Galvanized Steel Trade Co., Ltd.; Shaanxi New Mile International Assistant Secretary for Antidumping and Wire from the People’s Republic of China (PRC): Trade Co. Ltd.; Shandong Hualing Hardware & Countervailing Duty Operations, from James C. Request for a List of Surrogate Countries,’’ dated Tools Co. Ltd.; Shanghai Baozhang Industry Co. Doyle, Director, Office 9; Antidumping Duty June 20, 2011 (‘‘Surrogate Country List’’). Ltd.; Shanghai Multi-development Enterprises; Investigation of Galvanized Steel Wire from the 21 The following companies filed separate-rate Shanghai Seti Enterprise Int’l Co., Ltd.; Shanghai People’s Republic of China: Respondent Selection,’’ applications: Dezhou Hualude Hardware Products Suntec Industries Co., Ltd.; Tianjin Jing Weida dated June 9, 2011. Co. Ltd.; Xi’an Metals and Minerals Import and International Trade Co., Ltd.; Tianjin Jinhai Yicheng 18 See Letter from Tianjin Jianghai dated June 21, Export Co., Ltd; Hebei Cangzhou New Century Metal Products Co. Ltd.; Tianjin Pcss Trading Co., 2011. Foreign Trade; Guizhou Wire Rope Incorporated Ltd.; and Weifang Hecheng International Trade Co., 19 See ‘‘Memorandum to Christian Marsh, Deputy Co.; M&M Industries Co. Ltd.; Huanghua Jinhai Ltd. Assistant Secretary for Antidumping and Continued

VerDate Mar<15>2010 17:06 Nov 03, 2011 Jkt 226001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\04NON1.SGM 04NON1 mstockstill on DSK4VPTVN1PROD with NOTICES 68410 Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Notices

the ‘‘Separate Rates’’ section below for country in this investigation. Therefore, Philippines has producers of identical the full discussion of the treatment of we continue to treat the PRC as an NME merchandise, Tianjin Huayuan the separate rate applicants. country for purposes of this preliminary submitted the financial statements of determination. two Philippine producers of Postponement of Preliminary Determination Surrogate Country merchandise it claims is identical to galvanized steel wire.28 On July 13, 2011, Petitioners filed a When the Department is investigating Tianjin Honbase also suggests that, timely request to postpone the issuance imports from an NME country, section consistent with its established practice, of the preliminary determination by 50 773(c)(1) of the Act directs it to base NV, the Department should define days. On August 4, 2011, the in most circumstances, on the NME ‘‘significant producer’’ in this Department published in the Federal producer’s factors of production proceeding as a country that has Register a notice postponing the (‘‘FOP’’), valued in a surrogate market produced comparable merchandise preliminary antidumping duty economy (‘‘ME’’) country or countries during the relevant period. determination on galvanized steel wire considered to be appropriate by the Consequently, Tianjin Honbase states from the PRC.22 Department. In accordance with section that the Department should find that the Further, on October 19, 2011, Tianjin 773(c)(4) of the Act, in valuing the Philippines is a significant producer of Honbase requested that, in the event of FOPs, the Department shall utilize, to comparable merchandise, based on the an affirmative preliminary the extent possible, the prices or costs data submitted in its comments. determination in this investigation, the of FOPs in one or more ME countries Baozhang and Tianjin Huayuan Department: (1) Postpone its final that are: (1) At a level of economic suggest that the Philippines is the best determination by 60 days, in accordance development comparable to that of the choice for the surrogate country because with section 735(a)(2)(A) of the Act and NME country; and (2) significant publicly available information from 19 CFR 351.210(b)(2)(ii); and (2) extend producers of comparable Philippine sources is readily available the application of the provisional merchandise.25 As stated above, the to value the FOPs used to produce measures prescribed under section Department determined that Colombia, galvanized steel wire.29 Finally, Tianjin 733(d) of the Act and 19 CFR Indonesia, the Philippines, South Huayuan provided publicly available 351.210(e)(2) from a four month period Africa, Thailand, and Ukraine are and contemporaneous financial to a six month period. For further countries whose per capita gross statements for Philippine producers of discussion, see the ‘‘Postponement of national income are comparable to the identical and comparable merchandise Final Determination and Extension of PRC in terms of economic development. for which the Department is able to Provisional Measures’’ section of this The sources of the surrogate values calculate overhead, selling, general, and notice, below. (‘‘SVs’’) we have used in this administrative expenses (‘‘SG&A’’), and Non-Market-Economy Country investigation are discussed under the profit. Tianjin Huayuan posits that, for ‘‘Normal Value’’ section below. all the above reasons, the Department For purposes of initiation, Petitioners Petitioners submit that, for purposes submitted LTFV analyses of the PRC as should select the Philippines as the of the Department’s selection of an surrogate country since it best satisfies an NME country.23 The Department appropriate surrogate, Indonesia, South the requirements pursuant to the statute, considers the PRC to be an NME Africa, Thailand, and Ukraine are the regulations, and the Policy Bulletin. country. In accordance with section producers of identical merchandise and, Tianjin Honbase also contends that 771(18)(C)(i) of the Act, any further, that Indonesia, South Africa, there is substantial Philippine data for determination that a foreign country is and Thailand also are producers of valuing FOPs that are publicly available an NME country shall remain in effect 26 comparable merchandise. Therefore, from the World Trade Atlas (‘‘WTA’’) or until revoked by the administering Petitioners propose these four countries from the Philippine National Statistics authority.24 No party has challenged the as appropriate candidates for the Office (‘‘NSO’’), both of which, Tianjin designation of the PRC as an NME primary surrogate country in this Honbase notes, are readily available to investigation. the Department. Tianjin Honbase notes Import & Export Trading Co. Ltd.; Huanghua Jinhai Baozhang, Tianjin Huayuan, and Hardware Products Co. Ltd.; Fasten Group Imp. & that both NSO data and WTA data are Exp. Co. Ltd.; Shandong Minmetals Co., Ltd.; Tianjin Honbase propose that the equally acceptable as sources to obtain Shijiazhuang Kingway Metal Products Co., Ltd.; Department should select the public and contemporaneous surrogate Hebei Minmetals Co. Ltd.; Tianjin Tiaxin Metal Philippines as the surrogate country in values for FOPs that will allow the Products Co., Ltd. (‘‘TTM’’); Tianjin Mei Jia Hua this investigation. All three respondents Trade Co., Ltd. (‘‘TMJH’’); Tianjin Huayuan Times Department to exclude import data from Metal Products Co., Ltd. (‘‘THTM’’); Shanxi Yuci note that as the Department included Broad Wire Products Co., Ltd.; Shaanxi New Mile the Philippines on the Surrogate (containing information regarding the existence of International Trade Co., Ltd.; Shanghai SETI Country List, the Department has a Galvanized Iron Wire Manufacturers Association Enterprise International Co., Ltd.; Suntec Industries already found the Philippines and other associations for nail manufactures in the Co., Ltd.; Shanghai Bao Zhang Industry Co., Ltd.; comparable in terms of economic Philippines); Baozhang’s Surrogate Country Anhui Bao Zhang Metal Products Co., Ltd.; and Comments dated August 15, 2011, at Exhibit 1. Qingdao Ant Hardware Manufacturing Co., Ltd. development. Further, all three 28 See id., at Exhibits 3 and 4. Tianjin Huayuan (collectively, ‘‘separate rate applicants’’). respondents contend that the claims that the financial statements of these 22 See Galvanized Steel Wire From the People’s Philippines is a significant producer of companies, Sterling Steel Inc. and Supersonic Republic of China and Mexico: Postponement of both identical and comparable Manufacturing Inc., indicate that they are producers Preliminary Determinations of Antidumping Duty merchandise.27 As evidence that the of galvanized wire. Investigations, 76 FR 47150 (August 4, 2011). 29 Both Tianjin Huayuan and Baozhang cite to the 23 See Initiation Notice, 76 FR at 23550. Department’s recent selection of the Philippines as 24 See Preliminary Determination of Sales at Less 25 See Import Administration Policy Bulletin the surrogate country in the antidumping Than Fair Value and Postponement of Final 04.1: Non-Market Economy Surrogate Country investigation of Multilayered Wood Flooring from Determination: Coated Free Sheet Paper from the Selection Process (March 1, 2004) (‘‘Policy the PRC and the continuing selection of the People’s Republic of China, 72 FR 30758, 30760 Bulletin’’). Philippines in the administrative reviews of the (June 4, 2007), unchanged in Final Determination 26 See Petitioners’ Surrogate Country comments antidumping duty order on Wooden Bedroom of Sales at Less Than Fair Value: Coated Free Sheet dated August 15, 2011, at page 3. Furniture from the PRC . See, e.g., Baozhang’s Paper from the People’s Republic of China, 72 FR 27 See Tianjin Huayuan’s Surrogate Country Surrogate Country Comments dated August 15, 60632 (October 25, 2007). Comments dated August 15, 2011, at Exhibit 1 2011, at page 3.

VerDate Mar<15>2010 17:06 Nov 03, 2011 Jkt 226001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\04NON1.SGM 04NON1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Notices 68411

NME countries and countries that Tianjin Honbase notes, the Department the comparability of the industry.35 ‘‘In provide non-industry-specific export typically avoids.30 cases where the identical merchandise is not produced, the team must subsidies. Lastly, Tianjin Honbase notes Economic Comparability that contemporaneous information is determine if other merchandise that is available from the International Labor As explained in our Surrogate comparable is produced. How the team Organization (‘‘ILO’’), the World Bank’s Country List, the Department considers does this depends on the subject Doing Business in the Philippines Colombia, Indonesia, the Philippines, merchandise.’’ 36 In this regard, the report, and The Cost of Doing Business South Africa, Thailand, and Ukraine all Department recognizes that any analysis in Camarines Sur that will allow the comparable to the PRC in terms of of comparable merchandise must be 31 Department to use Philippine data to economic development. Therefore, we done on a case-by-case basis: consider all six countries as having met value labor costs, utility expenses, and In other cases, however, where there are transportation and handling. this prong of the surrogate country major inputs, i.e., inputs that are specialized selection criteria satisfied. or dedicated or used intensively, in the On August 25, 2011, Tianjin Honbase Producers of Identical or Comparable production of the subject merchandise, e.g., also filed rebuttal comments to processed agricultural, aquatic and mineral Petitioners’ August 15, 2011, surrogate Merchandise products, comparable merchandise should be country comments. Tianjin Honbase Section 773(c)(4)(B) of the Act identified narrowly, on the basis of a argues that Petitioners failed to limit its requires the Department to value FOPs comparison of the major inputs, including comments to the selection of a single in a surrogate country that is a energy, where appropriate.37 surrogate country by suggesting that significant producer of comparable Further, the statute grants the Indonesia, South Africa, Thailand, and merchandise. Neither the statute nor the Department discretion to examine Ukraine all are producers of identical Department’s regulations provide various data sources for determining the merchandise and that each of those further guidance on what may be best available information.38 Moreover, countries is comparable with the PRC in considered comparable merchandise. while the legislative history provides terms of economic development, Given the absence of any definition in that the term ‘‘significant producer’’ without order of preference. Second, the statute or regulations, the includes any country that is a Tianjin Honbase argues that Petitioners Department looks to other sources such significant ‘‘net exporter,’’ 39 it does not have not responded to the Department’s as the Policy Bulletin for guidance on preclude reliance on additional or request for information on whether the defining comparable merchandise. The alternative metrics. In this case, because country is a significant producer of Policy Bulletin states that ‘‘the terms production data of identical or merchandise comparable to the ‘comparable level of economic comparable merchandise was not merchandise subject to this development,’ ‘comparable available, we analyzed which of the six investigation. Tianjin Honbase further merchandise,’ and ‘significant producer’ countries are exporters of identical or 32 argues that Petitioners suggest, by are not defined in the statute.’’ The comparable merchandise, as a proxy for omission, that the Philippines is not a Policy Bulletin further states that ‘‘in all production data. We obtained export producer of merchandise that is either cases, if identical merchandise is data using the Global Trade Atlas comparable or identical to the produced, the country qualifies as a (‘‘GTA’’) for Harmonized Tariff producer of comparable Schedule (‘‘HTS’’) 7217.20: Wire, Iron merchandise subject to this 33 investigation. Third, Tianjin Honbase merchandise.’’ Conversely, if or Non-Alloy Steel, Plated or Coated contends that Petitioners have not identical merchandise is not produced, With Zinc, which is identical to the then a country producing comparable provided any information regarding data merchandise under consideration. The merchandise is sufficient in selecting a availability or the quality of the data GTA data demonstrates that the surrogate country.34 Further, when available within any of the countries Philippines was not an exporter of selecting a surrogate country, the statute 40 they identified as ‘‘appropriate identical merchandise in 2010. requires the Department to consider the However, we also obtained GTA export candidates’’ for the major FOPs and comparability of the merchandise, not financial statements. Fourth, Tianjin data for HTS 7217: Wire of Iron or Non- Honbase suggests that Petitioners had alloy Steel, which can be considered 30 See Tianjin Honbase’s Rebuttal Comments comparable merchandise in this case ample time to amass information dated August 25, 2011, at 4–5, citing to Notice of regarding data availability and the Antidumping Duty Orders: Carbon and Certain 35 See Sebacic Acid from the People’s Republic of quality available within any potential Alloy Steel Wire Rod from Brazil, Indonesia, Mexico, Moldova, Trinidad and Tobago, and China: Final Results of Antidumping Duty surrogate country, considering the lead Ukraine, 67 FR 65945 (October 29, 2002); Final Administrative Review, 62 FR 65674 (December 15, time required to file an antidumping Affirmative Countervailing Duty Determination: 1997) and accompanying Issues and Decision duty petition. Therefore, Tianjin Certain Hot-Rolled Carbon Steel Flat Products from Memorandum at Comment 1 (to impose a requirement that merchandise must be produced by Honbase argues, despite this lead time, Thailand, 66 FR 50410 (October 3, 2001); Notice of Initiation of Antidumping Duty Investigations: the same process and share the same end uses to Petitioners were not able to identify in Carbon and Certain Alloy Steel Wire Rod From be considered comparable would be contrary to the its surrogate country comments a single Brazil, Canada, Egypt, Germany, Indonesia, Mexico, intent of the statute). producer of merchandise identical or Moldova, South Africa, Trinidad and Tobago, 36 See Policy Bulletin, at 2. 37 comparable to the merchandise subject Ukraine, and Venezuela, 66 FR 50164, 50168, See id., at 3. 50170 (October 2, 2001) (acknowledging that the 38 See section 773(c) of the Act; Nation Ford to this investigation in any of the six ITC ultimately determined that imports of wire rod Chem. Co. v. United States, 166 F.3d 1373, 1377 countries identified by the Department into the United States from South Africa were (Fed. Cir. 1990). as potential surrogate countries. Finally, negligible). 39 See Conference Report to the 1988 Omnibus 31 Tianjin Honbase provides that the four See Surrogate Country List. Trade & Competitiveness Act, H.R. Rep. No. 100– 32 See Policy Bulletin. countries that Petitioners suggested as 576, at 590 (1988). 33 See id. 40 See ‘‘Memorandum to the File, through appropriate surrogate countries, namely 34 The Policy Bulletin also states that ‘‘if Catherine Bertrand, Program Manager, Office 9, Indonesia, South Africa, Thailand, and considering a producer of identical merchandise from Irene Gorelik, Senior Analyst, Office 9, re; Ukraine, have been previously found by leads to data difficulties, the operations team may Investigation of Galvanized Steel Wire from the the Department to have benefitted from consider countries that produce a broader category People’s Republic of China: Surrogate Values for the of reasonably comparable merchandise.’’ See id., at Preliminary Determination,’’ dated concurrently subsidies or distortive pricing, which, note 6. with this notice at Exhibit 4 (‘‘Prelim SV Memo’’).

VerDate Mar<15>2010 17:06 Nov 03, 2011 Jkt 226001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\04NON1.SGM 04NON1 mstockstill on DSK4VPTVN1PROD with NOTICES 68412 Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Notices

because this basket category represents result, we find that none of the South (E) Any person directly or indirectly steel wire products, whether or not African financial statements on the owning, controlling, or holding with power galvanized. The GTA data for the record properly reflect the production to vote, 5 percent or more of the outstanding voting stock or shares of any organization comparable merchandise demonstrates experience of the mandatory and such organization; that all the countries on the Surrogate respondents. (F) Two or more persons directly or Country List are exporters of With Colombia, Indonesia, Ukraine indirectly controlling, controlled by, or under comparable merchandise. and South Africa disqualified, the common control with, any person; Department is left with the Philippines (G) Any person who controls any other Significant Producers of Identical or and Thailand as potential surrogate person and such other person. Comparable Merchandise countries. Again, we looked to data Additionally, section 771(33) of the As noted above, South Africa, considerations in selecting the Act stipulates that: ‘‘For purposes of this Ukraine, Thailand, Indonesia, and appropriate surrogate country and found paragraph, a person shall be considered Colombia were exporters of identical that the Global Trade Atlas (‘‘GTA’’) to control another person if the person merchandise (galvanized steel wire) in import statistics for Thai steel wire rod is legally or operationally in a position 2010, and Philippines, South Africa, (the main input in producing galvanized to exercise restrain or direction over the Ukraine, Thailand, Indonesia, and steel wire), is more specific than that of other person.’’ Colombia were also exporters of the Philippines steel wire rod. In Finally, according to 19 CFR comparable merchandise (steel wire) in particular, unlike the Philippine steel 351.401(f)(1) and (2), two or more 2010. We find that the GTA data wire rod import statistics, the Thai GTA companies may be treated as a single demonstrates that in each category, data for steel wire rod are more specific entity for antidumping duty purposes if: whether exporter of identical to the respondents’ steel wire rod (1) The producers are affiliated, (2) the merchandise or comparable inputs, as the Thai GTA steel wire rod producers have production facilities for merchandise, these countries were also HTS data are categorized by varying similar or identical products that would significant exporters.41 Since none of levels of carbon content (one of the not require substantial retooling of the potential surrogate countries have important physical characteristics of either facility in order to restructure been disqualified through the above galvanized steel wire under manufacturing priorities, and (3) there is analysis, the Department looks to the investigation). Because the specificity of a significant potential for manipulation availability of SV data to determine the the inputs is one of the Department’s SV of price or production.46 most appropriate surrogate country. selection criteria, and the GTA has been Tianjin Honbase Data Availability consistently used as a reliable source of import statistics 45 that fulfill the other The record of this investigation When evaluating SV data, the SV selection criteria, we have selected demonstrates that Tianjin Honbase, a Department considers several factors Thailand as the primary surrogate producer and exporter of galvanized including whether the SV is publicly country over the Philippines. A detailed steel wire, and Midwest Air available, contemporaneous with the explanation of the SVs is provided Technologies Inc. (‘‘MAT’’), an importer POI, represents a broad-market average, below in the ‘‘Normal Value’’ section of and further manufacturer of galvanized from an approved surrogate country, tax this notice. steel wire, are affiliated pursuant to and duty-exclusive, and specific to the section 771(33)(F) of the Act. Evidence Affiliations and Single Entity input. There is no hierarchy among of this affiliation was provided by both Determinations these criteria. It is the Department’s companies in their questionnaire practice to carefully consider the Section 771(33) of the Act provides responses, ownership/affiliation chart, available evidence in light of the that: organization chart, and business particular facts of each industry when The following persons shall be considered licenses/certificates of approval 42 undertaking its analysis. In this case, to be ‘affiliated’ or ‘affiliated persons’: submitted by the companies, which are because the record does not contain any (A) Members of a family, including business proprietary data and discussed data or surrogate financial statements brothers and sisters (whether by the whole or in greater detail in the company-specific for Colombia, Ukraine, or Indonesia, half blood), spouse, ancestors, and lineal analysis memo.47 Additionally, Tianjin these countries will not be considered descendants; Honbase has claimed throughout its (B) Any officer or director of an for primary surrogate country selection numerous questionnaire responses that purposes at this time. With respect to organization and such organization; (C) Partners; it is affiliated with MAT, pursuant to South Africa, we find that the four (D) Employer and employee; the Department’s regulations and the financial statements 43 on the record are statute. Therefore, we preliminarily not useable because the companies: (1) shows its aggregate global steel production and determine that Tianjin Honbase and Did not produce comparable indicates that less than ten percent of its production MAT are affiliated within the meaning merchandise; or (2) were not primarily takes place in South Africa. Furthermore, it is of section 771(33)(F) of the Act.48 dedicated to steel production.44 As a unclear from the information on the record what types of steel products are manufactured by ArcelorMittal in South Africa. Finally, although 46 See 19 CFR 351.401(f)(1) and (2). 41 See id. Murray and Roberts produces some steel in South 47 See, e.g., Tianjin Honbase’s Section A 42 See Policy Bulletin. Africa, through one of its subsidiaries, the financial Questionnaire Response dated July 15, 2011, at 43 See Petitioners’ Surrogate Value Submission statement on the record is reflective of its Exhibit 14–15; Tianjin Honbase’s Supplemental dated September 1, 2011, at Attachments 4A, 4B, consolidated international business, which includes Section A questionnaire response dated August 12, 4C, and 4D. large construction and engineering subsidiaries and 2011, at 8 and Exhibit 5. See also ‘‘Memorandum 44 See id. Petitioners placed financial statements does not indicate the amount or type of steel to the File, through Catherine Bertrand, Program for four South African companies on the record: produced in South Africa. Manager, from Kabir Archuletta, Analyst, re; Alert Steel Holdings, Palabora Mining Co., Ltd., 45 See, e.g., Administrative Review of Certain Analyis Memorandum for Tianjin Honbase; ArcelorMittal, and Murray and Roberts. Alert Steel Frozen Warmwater Shrimp From the People’s Preliminary Determination of the Antidumping Holdings is a reseller of building materials and does Republic of China: Final Results and Partial Duty Investigation of Galvanized Steel Wire from not produce any merchandise and Palabora Mining Rescission of Antidumping Duty Administrative the People’s Republic of China,’’ dated concurrently Co., Ltd. is a copper mining and smelting company; Review, 76 FR 51940 (August 19, 2011) and with this notice (‘‘Honbase Prelim Analysis although ArcelorMittal is a steel product accompanying Issues and Decision Memorandum at Memo’’). manufacturer, the financial statement on the record Comment 4. 48 See Honbase Prelim Analysis Memo.

VerDate Mar<15>2010 17:06 Nov 03, 2011 Jkt 226001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\04NON1.SGM 04NON1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Notices 68413

Baozhang of production based on the level of governmental control over export Based on the information presented in common ownership and control, shared activities. Baozhang’s questionnaire responses, we management, and an intertwining of The Department analyzes each entity preliminarily find that Anhui Bao business operations. Accordingly, exporting galvanized steel wire under a Zhang Metal Products Co., Ltd. is because Tianjin Huayuan reported that test arising from the Final affiliated with Shanghai Bao Zhang all four companies operations’ are Determination of Sales at Less Than Industry Co., Ltd. (‘‘Shanghai intertwined, as defined under 19 CFR Fair Value: Sparklers From the People’s 53 Baozhang’’), B&Z Galvanized Industry, 351.401(f) , we preliminarily Republic of China, 56 FR 20588 (May 6, Inc., and Company A 49 pursuant to determine that Tianjin Huayuan, TTM, 1991) (‘‘Sparklers’’), as further sections 771(33)(A) and (F) of the Act, THTM, and TMJH should be treated as developed in Notice of Final based on ownership and common a single entity (collectively, the Determination of Sales at Less Than 54 control. Furthermore, we find that ‘‘Huayuan Group’’). Fair Value: Silicon Carbide From the People’s Republic of China, 59 FR 22585 Baozhang and Shanghai Baozhang Separate Rates should be considered as a single entity (May 2, 1994) (‘‘Silicon Carbide’’). Additionally, in the Initiation Notice, for purposes of this investigation.50 In However, if the Department determines the Department notified parties of the addition to being affiliated, they have that a company is wholly foreign-owned application process by which exporters production facilities for similar or or located in a market economy (‘‘ME’’), and producers may obtain separate rate identical products that would not then a separate rate analysis is not status in NME investigations.55 The require substantial retooling and there is necessary to determine whether it is process requires exporters and a significant potential for manipulation independent from government control. producers to submit a separate rate of production based on the level of status application.56 A. Separate Rate Recipients common ownership and control, shared In proceedings involving NME Wholly Foreign-Owned management, and an intertwining of countries, the Department has a 51 One of the mandatory respondents, business operations. rebuttable presumption that all Because the Department finds that Tianjin Honbase, reported that it is companies within the country are Baozhang and Shanghai Baozhang are a wholly owned by individuals or subject to government control and thus single entity, the Department is utilizing companies located in a ME in its should be assessed a single antidumping the aggregate FOP database Baozhang questionnaire responses.57 Therefore, duty rate. It is the Department’s policy provided for purposes of the because it is wholly foreign-owned, and to assign all exporters of merchandise preliminary determination, which we have no evidence indicating that its subject to investigation in an NME includes the FOPs used by Baozhang export activities are under the control of country this single rate unless an and Shanghai Baozhang. the PRC, a further separate rate analysis exporter can demonstrate that it is is not necessary to determine whether Tianjin Huayuan sufficiently independent so as to be this company is independent from entitled to a separate rate. Exporters can Based on the information presented in government control.58 Accordingly, we demonstrate this independence through Tianjin Huayuan’s questionnaire have preliminarily granted a separate the absence of both de jure and de facto responses and various responses rate to this company. submitted by TTM, TMJH, and THTM, Additionally, one of the separate rate we preliminarily find that Tianjin 53 Intertwined operations, as defined under CFR 351.401(f), can mean such things as: Through the applicants, Qingdao Ant Hardware Huayuan is affiliated with TTM, TMJH, sharing of sales information, involvement in Manufacturing Co., Ltd. has also and THTM, pursuant to section production and pricing decisions, the sharing of reported that it is wholly foreign- 771(33)(F) of the Act, based on facilities or employees, or significant transactions owned,59 thus, we have preliminarily ownership and common control.52 In between the affiliated producers. See Tianjin Huayuan’s questionnaire response dated August 9, granted separate rate status to Qingdao addition to being affiliated, they have 2011, at 11. Ant Hardware Manufacturing Co., Ltd. production facilities for similar or 54 For a detailed discussion of this issue, see Wholly Chinese-Owned Companies identical products that would not Huayuan Affiliation Memo. require substantial retooling and there is 55 See Initiation Notice. One of the mandatory respondents, a significant potential for manipulation 56 See also Policy Bulletin 05.1: Separate Rates Baozhang is a wholly Chinese-owned Practice and Application of Combination Rates in company. Because the Department has Antidumping Investigations involving Non-Market 49 The identity of this company is business Economy Countries, (April 5, 2005), (‘‘Policy preliminarily determined that Baozhang proprietary information; for further discussion of Bulletin 05.1’’) available at http://ia.ita.doc.gov. and its affiliate Shanghai Baozhang are this company, see ‘‘Memorandum to Catherine Policy Bulletin 05.1 states: ‘‘{w}hile continuing the a single entity, their separate rate Bertrand, Program Manager, Office 9, from Katie practice of assigning separate rates only to analysis was conducted in conjunction Marksberry, International Trade Analyst, Office 9: exporters, all separate rates that the Department Antidumping Duty Investigation of Galvanized will now assign in its NME investigations will be with one another. Steel Wire from the People’s Republic of China: specific to those producers that supplied the Additionally, the remaining 16 Preliminary Affiliation and Collapsing exporter during the period of investigation. Note, separate rate applicants in this Determinations for Anhui Bao Zhang Metal however, that one rate is calculated for the exporter investigation stated that they are wholly Products Co., Ltd.,’’ dated concurrently with this and all of the producers which supplied galvanized notice (‘‘Baozhang Affiliation Memo’’). steel wire to it during the period of investigation. 50 See 19 CFR 351.401(f). This practice applies both to mandatory 57 See, e.g., Tianjin Honbase’s Section A 51 See 19 CFR 351.401(f)(1) and (2). For a detailed respondents receiving an individually calculated questionnaire response dated July 5, 2011, at discussion of this issue, see Baozhang Affiliation separate rate as well as the pool of non-investigated Exhibit 14; see also Honbase Prelim Analysis Memo. firms receiving the weighted-average of the Memo. 52 See ‘‘Memorandum to Catherine Bertrand, individually calculated rates. This practice is 58 See Notice of Final Determination of Sales at Program Manager, Office 9, from Irene Gorelik, referred to as the application of ‘‘combination rates’’ Less Than Fair Value: Creatine Monohydrate From Senior International Trade Analyst, Office 9: because such rates apply to specific combinations the People’s Republic of China, 64 FR 71104–71105 Antidumping Duty Investigation of Galvanized of exporters and one or more producers. The cash- (December 20, 1999) (where the respondent was Steel Wire from the People’s Republic of China: deposit rate assigned to an exporter will apply only wholly foreign-owned, and thus, qualified for a Preliminary Affiliation and Single Entity to merchandise both exported by the firm in separate rate). Determinations for Tianjin Huayuan Metal Wire question and produced by a firm that supplied the 59 See Separate Rate Application submitted by Products Co., Ltd.,’’ dated concurrently with this exporter during the period of investigation.’’ See Qindao Ant Hardware Manufacturing Co., Ltd. notice (‘‘Huayuan Affiliation Memo’’). Policy Bulletin 05.1 at 6. dated June 27, 2011.

VerDate Mar<15>2010 17:06 Nov 03, 2011 Jkt 226001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\04NON1.SGM 04NON1 mstockstill on DSK4VPTVN1PROD with NOTICES 68414 Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Notices

Chinese-owned companies. Therefore, losses.63 The Department has The evidence placed on the record of the Department analyzed whether these determined that an analysis of de facto this investigation by the separate rate 16 companies and the mandatory control is critical in determining applicants demonstrates an absence of respondents demonstrated the absence whether respondents are, in fact, subject de jure and de facto government control of both de jure and de facto to a degree of governmental control with respect to each of the exporters’ governmental control over export which would preclude the Department exports of galvanized steel wire, in activities. from assigning separate rates. The accordance with the criteria identified evidence provided by the separate rate in Sparklers and Silicon Carbide. a. Absence of De Jure Control applicants supports a preliminary finding of de facto absence of B. Companies Not Receiving a Separate The Department considers the Rate following de jure criteria in determining governmental control based on the whether an individual company may be following: (1) The EP is not set by or The Department is not granting a granted a separate rate: (1) An absence subject to the approval of a separate rate to Tianjin Jinghai because of restrictive stipulations associated governmental agency; (2) the respondent it withdrew its participation from this with an individual exporter’s business has authority to negotiate and sign investigation as a selected mandatory and export licenses; (2) any legislative contracts and other agreements; (3) the respondent, having never provided any enactments decentralizing control of respondent has autonomy from the evidence demonstrating an absence of companies; and (3) other formal government in making decisions government control both in law and in measures by the government regarding the selection of management; fact. In addition, the 18 companies that decentralizing control of companies.60 and (4) the respondent retains the were not responsive to the Department’s proceeds of its export sales and makes The evidence provided by the Q&V questionnaire are also not eligible independent decisions regarding separate rate applicants supports a for a separate rate because they never disposition of profits or financing of preliminary finding of de jure absence provided any evidence demonstrating losses. of governmental control based on the an absence of government control both With respect to Baozhang and 67 following: (1) An absence of restrictive in law and in fact. Honbase,64 we find that there is Additionally, as noted above, the stipulations associated with the sufficient evidence on the record to individual exporters’ business and Department found that Huayuan Group preliminarily determine that both entities are affiliation based on familial export licenses; (2) there are applicable mandatory respondents are free of de legislative enactments decentralizing relations, positions of directorship or facto government control. We performed management, and controlling ownership control of the companies; and (3) and the same analysis for the separate rate there are formal measures by the interest, pursuant to sections applicants and found no instances of de 771(33)(A), (B), (E), and (G) of the Act.68 government decentralizing control of facto government control.65 companies. With respect to Baozhang,61 We also noted above that TTM, THTM, we find that there is sufficient evidence c. Companies Receiving a Separate Rate and TMJH have all filed separate rate applications on the record indicating on the record to preliminarily determine The Department has preliminarily that it is free of de jure government their affiliation to one another, guided determined that Tianjin Honbase and by the statutory definition of affiliation. control. We performed the same Baozhang are eligible for a separate rate. analysis for the separate rate applicants Further, we also determined that Tianjin In addition, we have also granted Huayuan and its affiliates comprise a and found no instances of de jure separate rate status to the 16 separate government control.62 single entity pursuant to 19 CFR rate applicants that were not selected for 351.401(f). Therefore, the Department b. Absence of De Facto Control individual examination and have evaluated the separate rate eligibility of demonstrated an absence of government the entire collapsed Huayuan Group. Typically the Department considers 66 control both in law and in fact. The record shows that the collapsed four factors in evaluating whether each Huayuan Group cannot overcome the respondent is subject to de facto 63 See Silicon Carbide, 59 FR at 22587; see also presumption of de jure and de facto governmental control of its export Notice of Final Determination of Sales at Less Than functions: (1) Whether the export prices Fair Value: Furfuryl Alcohol From the People’s Republic of China, 60 FR 22544, 22545 & n.3 (May 67 These companies are: Anping Shuangmai Metal (‘‘EP’’) are set by or are subject to the 8, 1995). Products Co., Ltd.; Anping Xinhong Wire Mesh Co approval of a governmental agency; (2) 64 See, e.g., Baozhang’s Section A Questionnaire Ltd.; Beijing Catic Industry Limited; Benxi whether the respondent has authority to response dated July 20, 2011; Baozhang’s separate Wasainuo Metal Packaging Production Co., Ltd.; negotiate and sign contracts and other rate application dated June 27, 2011; Shanghai China National Electronics Imp. & Exp. Ningbo Co., Baozhang’s separate rate application dated June 27, Ltd.; Easen Corp.; Ecms O/B Tianjin Huayuan Metal agreements; (3) whether the respondent 2011; Tianjin Honbase Section A questionnaire Wire; Hebei Dongfang Hardware And Mesh Co., has autonomy from the government in response dated July 5, 2011. Ltd.; Hebei Longda Trade Co., Ltd.; Huanghua making decisions regarding the 65 See, e.g., Shaanxi New Mile International Trade Yufutai Hardware Products Co., Ltd.; Maccaferri selection of management; and (4) Co., Ltd.’s separate rate application dated June 28, (Changsha) Enviro-Tech Co.; Nantong Long Yang whether the respondent retains the 2011. International Trade Co., Ltd.; Shandong Hualing 66 These companies are: Shijiazhuang Kingway Hardware & Tools Co. Ltd.; Shanghai Multi- proceeds of its export sales and makes Metal Products Co., Ltd.; Shanxi Yuci Broad Wire development Enterprises; Shanghai Suntec independent decisions regarding Products Co., Ltd.; Huanghua Jinhai Hardware Industries Co., Ltd.; Tianjin Jing Weida disposition of profits or financing of Products Co., Ltd.; Huanghua Jinhai Import & International Trade Co., Ltd.; Tianjin Pcss Trading Export Trading Co., Ltd.; Guizhou Wire Rope Co., Ltd.; and Weifang Hecheng International Trade Incorporated Company; Hebei Minmetals Co., Ltd.; Co., Ltd. 60 See Sparklers, at 56 FR 20589. Shandong Minmetals Co., Ltd.; Fasten Group Imp. 68 See ‘‘Memorandum to Catherine Bertrand, 61 See, e.g., Baozhang’s Section A Questionnaire & Exp. Co., Ltd.; Qingdao Ant Hardware Program Manager, Office 9, from Irene Gorelik, response dated July 20, 2011; Baozhang’s separate Manufacturing Co., Ltd.; Suntec Industries Co., Ltd.; Senior International Trade Analyst, Office 9: rate application dated June 27, 2011; Shanghai M & M Industries Co., Ltd.; Shaanxi New Mile Antidumping Duty Investigation of Galvanized Baozhang’s separate rate application dated June 27, International Trade Co., Ltd.; Hebei Cangzhou New Steel Wire from the People’s Republic of China: 2011. Century Foreign Trade Co., Ltd.; Dezhou Hualude Preliminary Affiliation and Single Entity 62 See, e.g., Shanghai SETI Enterprise Hardware Products Co., Ltd.; Shanghai SETI Determinations for Tianjin Huayuan Metal Wire International Co., Ltd.’s separate rate application Enterprise International Co., Ltd.; and Xi’an Metals Products Co., Ltd.,’’ dated concurrently with this dated June 27, 2011. and Minerals Import and Export Co., Ltd. notice (‘‘Huayuan Affiliation Memo’’).

VerDate Mar<15>2010 17:06 Nov 03, 2011 Jkt 226001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\04NON1.SGM 04NON1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Notices 68415

government control,69 based on the the separate rate companies the provided a response to the Department’s roles of an individual who is in a weighted-average margin based on the Q&V letter.75 position to exercise restraint and calculated net U.S. sales values from As discussed above, Tianjin Jinghai direction over the Tianjin Huayuan these two respondents. filed a letter stating that it would not group of companies.70 For business For these preliminary results, we participate as a mandatory respondent. proprietary reasons noted in the determine that using the ranged total Additionally, as discussed above, Huayuan Affiliation Memo and sales quantities reported by Honbase Tianjin Huayuan will not receive a Huayuan Prelim Analysis Memo, we and Baozhang from the public versions separate rate. Therefore, the Department preliminarily find that the Huayuan of their submissions, is more has preliminarily determined that there Group has not demonstrated that there appropriate than applying a simple were PRC producers/exporters of is an absence of de jure and de facto average.72 These publicly available galvanized steel wire during the POI government control by the PRC figures provide the basis on which we that did not respond to the Department’s government. A detailed discussion of can calculate a margin which is the best request for information. We have treated this determination is provided in proxy for the weighted-average margin these PRC producers/exporters, as part Huayuan Prelim Analysis Memo and based on the calculated net U.S. sales of the PRC-wide entity because they did Huayuan Affiliation Memo. values of Honbase and Baozhang. We not qualify for a separate rate.76 For a Calculation of Separate Rate find that this approach is more detailed discussion, see the ‘‘Separate consistent with the intent of section Rate’’ section above. The statute and our regulations do not 735(c)(5)(A) of the Act and our use of Section 776(a)(2) of the Act provides address directly how we should section 735(c)(5)(A) of the Act as that, if an interested party (A) withholds establish a rate to apply to imports from guidance when we establish the rate for information that has been requested by companies which we did not select for respondents not examined individually the Department, (B) fails to provide such individual examination in accordance in an administrative review. information in a timely manner or in the with section 777A(c)(2) of the Act in an Because the calculated net U.S. sales form or manner requested, subject to administrative review. Generally, we values for Honbase and Baozhang are subsections 782(c)(1) and (e) of the Act, have used section 735(c)(5) of the Act, business-proprietary figures, we find (C) significantly impedes a proceeding which provides instructions for that 127.09 percent, which we under the antidumping statute, or (D) calculating the all-others rate in an calculated using the publicly available provides such information but the investigation, as guidance when we figures of U.S. sales quantities for these information cannot be verified, the establish the rate for respondents not two firms, is the best reasonable proxy Department shall, subject to subsection examined individually in an for the weighted-average margin based 782(d) of the Act, use facts otherwise administrative review.71 Section on the calculated U.S. sales quantities of available in reaching the applicable 735(c)(5)(A) of the Act provides that Honbase and Baozhang.73 determination. ‘‘the estimated all-others rate shall be an Information on the record of this amount equal to the weighted average of Application of Adverse Facts Available, investigation indicates that the PRC- the estimated weighted-average the PRC-Wide Entity and PRC-Wide wide entity was unresponsive to the dumping margins established for Rate exporters and producers individually Information on the record of this 75 The following 18 companies were not investigated, * * *’’ responsive to the Department’s request for Q&V investigation indicates that there were Huayuan has not qualified for a information: Anping Shuangmai Metal Products more exporters of galvanized steel wire separate rate, as explained above, and Co., Ltd.; Anping Xinhong Wire Mesh Co Ltd.; from the PRC than those indicated in Beijing Catic Industry Limited; Benxi Wasainuo accordingly it will not receive an Metal Packaging Production Co., Ltd.; China individually calculated margin. the response to our request for Q&V information during the POI.74 As stated National Electronics Imp. & Exp. Ningbo Co., Ltd.; Furthermore, because using the Easen Corp.; Ecms O/B Tianjin Huayuan Metal weighted-average margin based on the above, we issued our request for Q&V Wire; Hebei Dongfang Hardware And Mesh Co., information to 28 potential PRC Ltd.; Hebei Longda Trade Co., Ltd.; Huanghua calculated net U.S. sales quantities for Yufutai Hardware Products Co., Ltd.; Maccaferri Honbase and Baozhang would allow producers/exporters of galvanized steel wire. While information on the record of (Changsha) Enviro-Tech Co.; Nantong Long Yang these two respondents to deduce each International Trade Co., Ltd.; Shandong Hualing other’s business-proprietary information this investigation indicates that there Hardware & Tools Co. Ltd.; Shanghai Multi- and thus cause an unwarranted release are other producers/exporters of development Enterprises; Shanghai Suntec galvanized steel wire in the PRC, we Industries Co., Ltd.; Tianjin Jing Weida of such information, we cannot assign to International Trade Co., Ltd.; Tianjin Pcss Trading received only ten timely-filed solicited Co., Ltd.; and Weifang Hecheng International Trade 69 See, e.g., TMJH’s Separate Rate Application Q&V responses. As noted above, we also Co., Ltd. dated June 27, 2011, at Exhibit 18; Tianjin received 14 timely-filed, unsolicited 76 See, e.g., Prestressed Concrete Steel Wire Huayuan’s Questionnaire Response dated October Q&V responses, which we considered Strand From the People’s Republic of China: 17, 2011, at Exhibit SA3–1. for respondent selection purposes. Preliminary Determination of Sales at Less Than 70 For a complete discussion of these business Fair Value, 74 FR 68232, 68236 (December 23, proprietary details, see ‘‘Memorandum to the File Although all producers/exporters were 2009) unchanged in Prestressed Concrete Steel Wire from Irene Gorelik, Senior Case Analyst: Program given an opportunity to provide Q&V Strand From the People’s Republic of China: Final Analysis for the Preliminary Determination of information, not all producers/exporters Determination of Sales at Less Than Fair Value, 75 Antidumping Duty Investigation of Galvanized FR 28560 (May 21, 2010) (‘‘PC Strand Prelim’’); see Steel Wire from the People’s Republic of China: also Preliminary Determination of Sales at Less Tianjin Huayuan Metal Wire Products Co., Ltd.,’’ 72 See Honbase Supplemental Section CE Than Fair Value, Postponement of Final dated concurrently with this notice (‘‘Huayuan questionnaire response (Public Version) dated Determination, and Preliminary Partial Prelim Analysis Memo’’). October 12, 2011, at Exhibit 4; see also Bao Zhang Determination of Critical Circumstances: Diamond 71 See Notice of Final Results and Partial Group Resubmission of the Public Version of Sawblades and Parts Thereof From the People’s Rescission Antidumping Duty Administrative Exhibit SA–1 for the First Supplemental Section A Republic of China, 70 FR 77121, 77128 (December Review: Certain Frozen Warmwater Shrimp from Response, dated October 3, 2011. 29, 2005), and unchanged in Final Determination of the People’s Republic of China, 75 FR 49460 73 See ‘‘Memorandum to the File from Katie Sales at Less Than Fair Value and Final Partial (August 13, 2010); Certain Pasta from Italy: Notice Marksberry, International Trade Specialist, Office 9 Affirmative Determination of Critical of Final Results of the Twelfth Administrative Re: Calculation of Separate Rate,’’ dated Circumstances: Diamond Sawblades and Parts Review, 75 FR 6352 (February 9, 2010), and the concurrently with this notice. Thereof from the People’s Republic of China, 71 FR accompanying I&D Memo at Comment 2. 74 See Respondent Selection Memorandum. 29303 (May 22, 2006).

VerDate Mar<15>2010 17:06 Nov 03, 2011 Jkt 226001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\04NON1.SGM 04NON1 mstockstill on DSK4VPTVN1PROD with NOTICES 68416 Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Notices

Department’s requests for information. Corroboration considering the record information, and thus, has probative value. Certain companies: (1) Did not respond Section 776(c) of the Act provides The Department’s practice, when to our questionnaires requesting either that, when the Department relies on Q&V information; or (2) withdrew selecting an AFA rate from among the secondary information rather than on possible sources of information, has participation from the investigation. As information obtained in the course of an a result, pursuant to section 776(a)(2)(A) been to ensure that the margin is investigation as FA, it must, to the sufficiently adverse ‘‘as to effectuate the of the Act, we find that the use of FA extent practicable, corroborate that is appropriate to determine the PRC- statutory purposes of the adverse facts information from independent sources available rule to induce respondents to wide rate.77 reasonably at its disposal. The SAA provide the Department with complete Section 776(b) of the Act provides provides guidance as to what constitutes and accurate information in a timely that, in selecting from among the facts secondary information. Suggested manner.’’ 86 As guided by the SAA, the otherwise available, the Department sources of secondary information information used as AFA should ensure may employ an adverse inference if an include ‘‘information derived from the an uncooperative party does not benefit interested party fails to cooperate by not petition that gave rise to the by failing to cooperate than if it had acting to the best of its ability to comply investigation or review, the final cooperated fully.87 Given that 18 with requests for information.78 We find determination concerning the subject producers/exporters did not respond to merchandise, or any previous review that, because the PRC-wide entity did the Department’s requests for under section 751 concerning the not respond to our requests for information and that Tianjin Jinghai, subject merchandise.’’ 81 The SAA which is part of the PRC-wide entity, information, it has failed to cooperate to further suggests that to ‘‘corroborate’’ the best of its ability. Therefore, the ceased participating in the investigation, means that the Department will satisfy the Department concludes that the Department preliminarily finds that, in itself that the secondary information to selecting from among the FA, an adverse petition rate of 235.00 percent, as total be used has probative value.82 AFA for the PRC-wide entity, is inference is appropriate. Independent sources used to corroborate sufficiently adverse to prevent these When employing an adverse may include, for example, published respondents from benefitting from their inference, section 776 of the Act price lists, official import statistics, and lack of cooperation.88 Accordingly, we indicates that the Department may rely CBP data, and information obtained found that the rate of 235.00 percent is upon information derived from the from interested parties during the corroborated to the extent practicable petition, the final determination from particular investigation.83 To within the meaning of section 776(c) of the less than fair value investigation, a corroborate secondary information, the the Act. Accordingly, we determine that previous administrative review, or any Department will, to the extent 235.00 percent is the most appropriate other information placed on the record. practicable, examine the reliability and antidumping rate for the PRC-wide 84 In selecting a rate for adverse facts relevance of the information used. entity. The PRC-wide entity rate applies available (‘‘AFA’’), the Department The AFA rate that the Department to all entries of galvanized steel wire selects a rate that is sufficiently adverse used is from the Petition. To corroborate except for entries from Tianjin Honbase, to ensure that the uncooperative party the AFA margin that we have selected, Baozhang and the 16 producers/ we compared this margin to the model- does not obtain a more favorable result exporters receiving a separate rate. specific margins we found for the by failing to cooperate than if it had Date of Sale cooperating mandatory respondents. We fully cooperated. It is the Department’s find that the margin of 235.00 percent 19 CFR 351.401(i) states that, ‘‘in practice to select, as AFA, the higher of has probative value because it is within identifying the date of sale of the the: (a) Highest margin alleged in the the range of the non-aberrational, merchandise under consideration or petition; or (b) the highest calculated model-specific margins that we found foreign like product, the Secretary rate of any respondent in the for one of the mandatory respondents normally will use the date of invoice, as investigation.79 As AFA, we have during the POI.85 Accordingly, we find recorded in the exporter or producer’s preliminarily assigned a rate of 235.00 this rate is reliable and relevant, records kept in the normal course of percent to the PRC-wide entity, which is business.’’ However, the Secretary may the highest petition rate on the record of 81 See SAA at 870. use a date other than the date of invoice this proceeding that can be 82 See id. if the Secretary is satisfied that a corroborated.80 The Department 83 See id. different date better reflects the date on determines that this information is the 84 See Tapered Roller Bearings and Parts Thereof, which the exporter or producer most appropriate from the available Finished and Unfinished, from Japan, and Tapered establishes the material terms of sale.89 Roller Bearings, Four Inches or Less in Outside The date of sale is generally the date on sources to effectuate the purposes of Diameter, and Components Thereof, from Japan; AFA. Preliminary Results of Antidumping Duty Administrative Reviews and Partial Termination of 86 See Notice of Final Determination of Sales at Administrative Reviews, 61 FR 57391, 57392 Less Than Fair Value and Final Negative Critical 77 See PC Strand Prelim. (November 6, 1996), unchanged in Tapered Roller Circumstances: Carbon and Certain Alloy Steel 78 See Statement of Administrative Action, Bearings and Parts Thereof, Finished and Wire Rod from Brazil, 67 FR 55792, 55796 (Aug. 30, accompanying the Uruguay Round Agreements Act Unfinished, From Japan, and Tapered Roller 2002); see also Notice of Final Determination of (‘‘URAA’’), H.R. Rep. No. 103–316, 870 (1994) Bearings, Four Inches or Less in Outside Diameter, Sales at Less Than Fair Value: Static Random (‘‘SAA’’); see also Notice of Final Determination of and Components Thereof, From Japan; Final Access Memory Semiconductors From Taiwan, 63 Sales at Less Than Fair Value: Certain Cold-Rolled Results of Antidumping Duty Administrative FR 8909, 8932 (Feb. 23, 1998). Flat-Rolled Carbon-Quality Steel Products from the Reviews and Termination in Part: 62 FR 11825 87 See SAA at 870. Russian Federation, 65 FR 5510, 5518 (February 4, (March 13, 1997). 88 See SAA at 870. See Certain Magnesia Carbon 2000). 85 See ‘‘Memorandum to the File, from Irene Bricks From the People’s Republic of China: Final 79 See Final Determination of Sales at Less Than Gorelik, Senior Analyst, re; Corroboration of the Determination of Sales at Less Than Fair Value and Fair Value: Certain Cold-Rolled Carbon Quality PRC-Wide Entity Rate for the Preliminary Critical Circumstances, 75 FR 45467, August 2, Steel Products from the People’s Republic of China, Determination in the Antidumping Duty 2010. 65 FR 34660 (May 21, 2000) and accompanying Investigation of Galvanized Steel Wire from the 89 See 19 CFR 351.401(i); see also Allied Tube & Issues and Decision Memorandum at Comment 1. People’s Republic of China,’’ dated concurrently Conduit Corp. v. United States, 132 F. Supp. 2d 80 See Initiation Notice, at 76 FR 23552. with this notice. 1087, 1090–1092 (CIT 2001) (‘‘Allied Tube’’).

VerDate Mar<15>2010 17:06 Nov 03, 2011 Jkt 226001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\04NON1.SGM 04NON1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Notices 68417

which the parties agree upon all purchaser was made prior to C. Further Manufacturing substantive terms of the sale. This importation, and the use of CEP was not Tianjin Honbase reported that its normally includes the price, quantity, otherwise warranted. In accordance affiliate in the United States, MAT, 90 delivery terms and payment terms. In with section 772(c) of the Act, we further manufactures galvanized steel order to simplify the determination of calculated EP by deducting, where wire into downstream products. The date of sale for both the respondents and applicable, foreign inland freight, Department required Tianjin Honbase to the Department and in accordance with foreign brokerage and handling, complete and file a Section E 19 CFR 351.401(i), the date of sale will international freight, and rebates from questionnaire response, which requests normally be the date of the invoice, as the gross unit price. We based these data related to cost of further recorded in the exporter’s or producer’s movement expenses on surrogate values manufacturing or assembly performed records kept in the ordinary course of where a PRC company provided the in the United States of galvanized steel business, unless the Department is service and was paid in Renminbi. wire. Based on Tianjin Honbase’s satisfied that the exporter or producer B. CEP responses and data, in accordance with establishes the material terms of sale on section 772(d)(2) of the Act, the some other date.91 In accordance with section 772(b) of In Allied Tube, the Court of the Act, we based the U.S. price for Department has deducted the cost of International Trade (‘‘CIT’’) found that a certain Tianjin Honbase’s sales and all further manufacturing for sales of ‘‘party seeking to establish a date of sale of Baozhang’s sales on CEP because the galvanized steel wire to which value first sale to an unaffiliated customer was was added in the United States by MAT other than invoice date bears the burden 97 of producing sufficient evidence to made by these two respondents’ prior to sale to unaffiliated customers. ‘satisfy’ the Department that a different respective U.S. affiliates.95 In Normal Value date better reflects the date on which accordance with section 772(c)(2)(A) of Section 773(c)(1) of the Act provides the exporter or producer establishes the the Act, we calculated CEP by that the Department shall determine the material terms of sale.’’ 92 After deducting, where applicable, the NV using a FOP methodology if the examining the questionnaire responses following expenses from the gross unit merchandise is exported from an NME and the sales documentation that the price charged to the first unaffiliated and the information does not permit the respondents placed on the record, we customer in the United States: Marine calculation of NV using home-market preliminarily determine that the invoice insurance, discounts, rebates, billing prices, third-country prices, or date is the most appropriate date of sale adjustments, foreign movement for Tianjin Honbase.93 However, the expenses, and international freight, and constructed value under section 773(a) appropriate date of sale for Baozhang is United States movement expenses, of the Act. The Department bases NV on the date of shipment from the PRC, including brokerage and handling. the FOP because the presence of because the material terms of sale are set Further, in accordance with section government controls on various aspects upon shipment from the PRC, not from 772(d)(1) of the Act and 19 CFR of non-market economies renders price the latter-issued invoice in the United 351.402(b), where appropriate, we comparisons and the calculation of States.94 deducted from the starting price the production costs invalid under the following selling expenses associated Department’s normal methodologies.98 Fair Value Comparisons with economic activities occurring in As the basis for NV, Tianjin Honbase To determine whether sales of the United States: Credit expenses, and Baozhang provided FOPs used in galvanized steel wire to the United warranty expenses, other direct selling each stage for the production of States by Tianjin Honbase and Baozhang expenses, and indirect selling expenses. galvanized steel wire (i.e., from drawing were made at less-than-fair-value, we In addition, pursuant to section steel wire rod into steel wire to compared the EP and/or constructed 772(d)(3) of the Act, we made an completion of the final product: export price (‘‘CEP’’) to NV, as described adjustment to the starting price for CEP Galvanized steel wire). Additionally, in the ‘‘U.S. Price,’’ and ‘‘Normal Value’’ profit. We based movement expenses on Tianjin Honbase and Baozhang reported sections of this notice. We compared NV either surrogate values, actual expenses, that they are integrated producers to weighted-average EPs and/or CEPs in or an average of the two.96 because these respondents draw steel accordance with section 777A(d)(1) of wire rod into steel wire, then galvanize the Act. 95 We consider these CEP sales because the the steel wire into finished product and respondents reported that their respective affiliates provided the FOP information used in U.S. Price in the United States performed sales functions such these processing stages. as: Sales negotiation, issuance of invoices and A. EP receipt of payment from the ultimate U.S. customer Consistent with section 773(c)(1) of the Act, it is the Department’s practice In accordance with section 772(a) of during the POI. See Glycine From the People’s Republic of China: Preliminary Results of to value the FOPs that a respondent uses the Act, we based the U.S. price for Antidumping Duty Administrative Review and to produce galvanized steel wire.99 If an certain Tianjin Honbase sales on EP Preliminary Rescission, in Part, 72 FR 18457 (April because the first sale to an unaffiliated 12, 2007) unchanged in Final Results (where the Department stated that ‘‘we based U.S. price for 97 See Tianjin Honbase Prelim Analysis Memo. 98 See, e.g., Preliminary Determination of Sales at 90 certain sales on CEP in accordance with section See PSF 2006 at 71 FR 77377. 772(b) of the Act, because sales were made by Less Than Fair Value, Affirmative Critical 91 For instance, in Notice of Final Determination Nantong Donchang’s U.S. affiliate, Wavort, Inc. Circumstances, In Part, and Postponement of Final of Sales at Less Than Fair Value: Polyvinyl Alcohol {‘‘Wavort’’} to unaffiliated purchasers.’’); AK Steel Determination: Certain Lined Paper Products from From Taiwan, 61 FR 14064, 14067–14068 (March Corp., et al., v. United States, 226 F.3d 1361 the People’s Republic of China, 71 FR 19695 (April 29, 1996), the Department used the date of the (Fed.Cir. 2000). 17, 2006) (‘‘CLPP’’) unchanged in Final purchase order as the date of sale because the terms 96 For details regarding our CEP calculations, see, Determination of Sales at Less Than Fair Value, of sale were established at that point. e.g., Tianjin Honbase Prelim Analysis Memo; see and Affirmative Critical Circumstances, in Part: 92 See Allied Tube 132 F. Supp. 2d at 1092. also ‘‘Memorandum to the File from Irene Gorelik, Certain Lined Paper Products From the People’s 93 See Tianjin Honbase’s Section A Questionnaire Senior Case Analyst: Program Analysis for the Republic of China, 71 FR 53079 (September 8, Response dated July 5, 2011, and Section C Preliminary Determination of Antidumping Duty 2006). Questionnaire Response dated August 10, 2011. Investigation of Galvanized Steel Wire from the 99 See, e.g., Preliminary Determination of Sales at 94 See Baozhang’s Section A Questionnaire People’s Republic of China: Anhui Baozhang Metal Less Than Fair Value: Steel Wire Garment Hangers Response dated July 20, 2011, and Section C Products Limited,’’ dated concurrently with this from the People’s Republic of China, 73 FR 15726, Questionnaire Response dated August 19, 2011. notice (‘‘Baozhang Prelim Analysis Memo’’). Continued

VerDate Mar<15>2010 17:06 Nov 03, 2011 Jkt 226001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\04NON1.SGM 04NON1 mstockstill on DSK4VPTVN1PROD with NOTICES 68418 Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Notices

NME respondent is an integrated product-specific, and tax-exclusive.102 imports labeled as originating from an producer, we take into account the The record shows that data in the Thai ‘‘unspecified’’ country from the average factors utilized in each stage of the Import Statistics, as well as that from value, because the Department could production process. For example, in a the other Thai sources, represent data not be certain that they were not from previous case, one respondent was a that are contemporaneous with the POI, either an NME country or a country fully integrated firm, and the product-specific, and tax-exclusive.103 with general export subsidies.107 Department valued both the steel wire Furthermore, with regard to the Thai Therefore, we have not used prices from rod drawing FOPs and steel wire import-based SVs, we have disregarded these countries either in calculating the garment hanger processing FOPs import prices that we have reason to Thai import-based surrogate values or in because this company bore all the costs believe or suspect may be subsidized. calculating market-economy input related to these stages of production.100 We have reason to believe or suspect values.108 In this case, we are also valuing the that prices of inputs from Indonesia, Pursuant to 19 CFR 351.408(c)(1), respondents’ steel wire rod drawing India, and South Korea may have been when a respondent sources inputs from FOPs and the FOPs consumed in the subsidized because we have found in an ME supplier in meaningful quantities galvanizing process because the other proceedings that these countries (i.e., not insignificant quantities), we respondents bore the costs related to maintain broadly available, non- use the actual price paid by respondent these stages of production. industry-specific export subsidies.104 for those inputs, except when prices Therefore, it is reasonable to infer that may have been distorted by findings of Factor Valuation Methodology all exports to all markets from these dumping by the PRC and/or In accordance with section 773(c) of countries may be subsidized.105 Further, subsidies.109 Where we find ME the Act, we calculated NV based on FOP guided by the legislative history, it is purchases to be of significant quantities data reported by Tianjin Honbase and the Department’s practice not to (i.e., 33 percent or more), in accordance Baozhang for the POI. To calculate NV, conduct a formal investigation to ensure with our statement of policy as outlined we multiplied the reported per-unit that such prices are not subsidized.106 in Antidumping Methodologies: Market factor-consumption rates by publicly Rather, the Department bases its Economy Inputs,110 we use the actual available SVs (except as discussed decision on information that is available purchases of these inputs to value the below). In selecting the SVs, among to it at the time it makes its inputs. Where the quantity of the other criteria, we considered the quality, determination. Additionally, consistent reported input purchased from ME specificity, and contemporaneity of the with our practice, we disregarded prices suppliers is below 33 percent of the data. As appropriate, we adjusted input from NME countries and excluded total volume of the input purchased prices by including freight costs to make from all sources during the POI, and them delivered prices. Specifically, we 102 See, e.g., Notice of Preliminary Determination were otherwise valid, we weight-average added to Thai import SVs a surrogate of Sales at Less Than Fair Value, Negative Preliminary Determination of Critical the ME input’s purchase price with the freight cost using the shorter of the Circumstances and Postponement of Final appropriate SV for the input according reported distance from the domestic Determination: Certain Frozen and Canned to their respective shares of the reported supplier to the factory or the distance Warmwater Shrimp From the Socialist Republic of total volume of purchases.111 Where Vietnam, 69 FR 42672, 42682 (July 16, 2004), from the nearest seaport to the factory unchanged in Final Determination of Sales at Less appropriate, we add freight to the ME where appropriate. This adjustment is Than Fair Value: Certain Frozen and Canned prices of inputs. in accordance with the Court of Appeals Warmwater Shrimp From the Socialist Republic of Tianjin Honbase claimed that it for the Federal Circuit’s decision in Vietnam, 69 FR 71005 (December 8, 2004). 103 contracted for ocean freight services Sigma Corp. v. United States, 117 F.3d See Prelim SV Memo. 104 See, e.g., Expedited Sunset Review of the sourced from an ME country and paid 101 1401, 1407–08 (Fed. Cir. 1997). Countervailing Duty Order on Carbazole Violet for in an ME currency. Because For this preliminary determination, in Pigment 23 from India, 75 FR 13257 (March 19, information reported by Tianjin accordance with the Department’s 2010), and accompanying Issues and Decision Honbase demonstrated that it purchased practice, we used Thai GTA import Memorandum at 4–5; Expedited Sunset Review of the Countervailing Duty Order on Certain Cut-to- significant quantities (i.e., 33 percent or statistics to calculate SVs for the Length Carbon Quality Steel Plate from Indonesia, more) of freight services from market mandatory respondents’ FOPs (direct 70 FR 45692 (August 8, 2005), and accompanying economy suppliers, the Department materials, including steel wire rod, Issues and Decision Memorandum at 4; Corrosion- used Honbase’s weighted average Resistant Carbon Steel Flat Products from the certain energy FOPs, and packing Republic of Korea: Final Results of Countervailing market economy purchase price to value materials). In selecting the best available Duty Administrative Review, 74 FR 2512 (January all of its ocean freight expenses.112 information for valuing FOPs in 15, 2009), and accompanying Issues and Decision accordance with section 773(c)(1) of the Memorandum at 17, 19–20; Final Results of 107 See Notice of Preliminary Determination of Countervailing Duty Determination: Certain Hot- Sales at Less Than Fair Value and Postponement Act, the Department’s practice is to Rolled Carbon Steel Flat Products from Thailand, select, to the extent practicable, SVs of Final Determination: Chlorinated Isocyanurates 66 FR 50410 (October 3, 2001), and accompanying From the People’s Republic of China, 69 FR 75294, which are non-export average values, Issues and Decision Memorandum at 23. 75300 (December 16, 2004), unchanged in Notice of 105 most contemporaneous with the POI, See Notice of Final Determination of Sales at Final Determination of Sales at Less Than Fair Less Than Fair Value and Negative Final Value: Chlorinated Isocyanurates From the People’s Determination of Critical Circumstances: Certain Republic of China, 70 FR 24502 (May 10, 2005). 15732 (March 25, 2008) unchanged in Steel Wire Color Television Receivers From the People’s 108 See id. Garment Hangers from the People’s Republic of Republic of China, 69 FR 20594 (April 16, 2004) 109 China: Final Determination of Sales at Less Than and accompanying Issues and Decision See Antidumping Duties; Countervailing Fair Value, 73 FR 47587 (August 14, 2008) (‘‘Steel Memorandum at Comment 7. Duties; Final Rule, 62 FR 27296, 27366 (May 19, 1997). Wire Garment Hangers Final LTFV’’); Final 106 See Omnibus Trade and Competitiveness Act 110 Determination of Sales at Less Than Fair Value: of 1988, Conference Report to accompany H.R. Rep. See Antidumping Methodologies: Market Certain Frozen and Canned Warmwater Shrimp 100–576 at 590 (1988) reprinted in 1988 Economy Inputs, Expected Non-Market Economy From the People’s Republic of China, 69 FR 70997 U.S.C.C.A.N. 1547, 1623–24; see also Preliminary Wages, Duty Drawback; and Request for Comments, (December 8, 2004) and accompanying Issues and Determination of Sales at Less Than Fair Value: 71 FR 61716, 61717 (October 19, 2006) Decision Memorandum at Comment 9(E). Coated Free Sheet Paper from the People’s Republic (‘‘Antidumping Methodologies: Market Economy 100 See Steel Wire Garment Hangers Final LTFV. of China, 72 FR 30758 (June 4, 2007) unchanged in Inputs’’). 101 A detailed description of all surrogate values Final Determination of Sales at Less Than Fair 111 See id., at 71 FR 61718. used for respondents can be found in the Prelim SV Value: Coated Free Sheet Paper from the People’s 112 See id., at 71 FR 61717; see also Tianjin Memo and company-specific analysis memoranda. Republic of China, 72 FR 60632, October 25, 2007. Honbase Prelim Analysis Memo.

VerDate Mar<15>2010 17:06 Nov 03, 2011 Jkt 226001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\04NON1.SGM 04NON1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Notices 68419

The Department used Thai Import determination, the calculated industry- the full capacity of a 20-foot Statistics from the GTA to value the raw specific wage rate is 135.72 Baht/hour container.118 material, certain energy inputs and or $4.43/hour. A more detailed We valued brokerage and handling packing material inputs that Tianjin description of the wage rate calculation using a price list of export procedures Honbase and Baozhang used to produce methodology is provided in the Prelim necessary to export a standardized cargo galvanized steel wire during the POI, SV Memo. of goods in Thailand. The price list is except where listed below. As stated above, the Department used compiled based on a survey case study Previously, the Department used Thailand ILO data reported under of the procedural requirements for regression-based wages that captured Chapter 6A of Yearbook, which reflects trading a standard shipment of goods by the worldwide relationship between per all costs related to labor, including ocean transport in Thailand that is capita Gross National Income (‘‘GNI’’) published in Doing Business 2011: wages, benefits, housing, training, etc. and hourly manufacturing wages, Thailand, published by the World Bank. Additionally, where the financial pursuant to 19 CFR 351.408(c)(3), to To value factory overhead, selling, statements used to calculate the value the respondent’s cost of labor. general, and administrative expenses, surrogate financial ratios include However, on May 14, 2010, the Court of and profit, we relied on one financial itemized detail of labor costs, the Appeals for the Federal Circuit statement from a company located in Department made adjustments to certain (‘‘CAFC’’), in Dorbest Ltd. v. United Thailand. We calculated the surrogate labor costs in the surrogate financial States, 604 F.3d 1363, 1372 (Fed. Cir. financial ratio using data from the 2010 ratios.114 2010) (‘‘Dorbest’’), invalidated 19 CFR audited financial statement Capital 351.408(c)(3). As a consequence of the Because water was used by the Engineering Network (‘‘Capital CAFC’s ruling in Dorbest, the respondents in the production process Engineering’’).119 Capital Engineering is Department no longer relies on the of galvanized steel wire, the Department a producer of comparable wire rod regression-based wage rate methodology considers water to be a direct material based products rather than identical described in its regulations. input, and not as overhead, and valued merchandise. Petitioners provided On June 21, 2011, the Department water with a SV according to our additional Thai financial statements for revised its methodology for valuing the practice.115 The Department valued Tycoons Worldwide, Thai Wire labor input in NME antidumping water using data from Thailand’s Board Products Co., Ltd (‘‘Thai Wire’’) and proceedings.113 In Labor Methodologies, of Investment.116 This source provides Thailand Iron Works (‘‘Thai Iron’’). We the Department determined that the best water rates for industrial users that are have determined not to rely on the 2010 methodology to value the labor input is VAT exclusive. Although Petitioners financial statement for Tycoons to use industry-specific labor rates from suggested that we value water using Worldwide because it indicates that it the primary surrogate country. information from Thailand’s received promotional privileges from Additionally, the Department Metropolitan Waterworks Authority, we the Board of Investment (‘‘BOI’’). determined that the best data source for find that the information provided is Specifically, Tycoons International industry-specific labor rates is Chapter approximate and not explicitly tax- received two different tax exemptions 6A: Labor Cost in Manufacturing, from exclusive. Therefore, the data provided that fall under the Investment the International Labor Organization by the Board of Investment provides a Promotion Act (‘‘IPA’’) in Sections 28, (ILO) Yearbook of Labor Statistics more specific and accurate surrogate 31, and 35.120 The Department has (‘‘Yearbook’’). value.117 found these two tax exemption In the preliminary determination, the We used Thai transport information programs from the BOI to be Department calculated the labor input 121 in order to value the freight-in cost of countervailable subsidies. Consistent using the wage method described in the raw materials. The Department with the Department’s practice, we Labor Methodologies. To value the determined the best available prefer not to use financial statements of respondent’s labor input, the information for valuing truck freight to a company we have reason to believe or Department relied on data reported by suspect may have received subsidies, be from Doing Business 2011: Thailand. Thailand to the ILO in Chapter 6A of the because financial ratios derived from This World Bank report gathers Yearbook. Although the Department that company’s financial statements information concerning the distance and further finds the two-digit description may not constitute the best available cost to transport products in a 20-foot under ISIC-Revision 3 (‘‘Manufacture of information with which to value container from the largest city in Basic Metals’’) to be the best available financial ratios.122 Further, as Thai Iron information on the record because it is Thailand to the nearest seaport. We calculated the per-unit inland freight specific to the industry being examined, 118 See id., at Exhibit 9. and is therefore derived from industries costs using the distance from Thailand’s 119 See Petitioners’ September 1, 2011, Surrogate that produce comparable merchandise, largest city, Bangkok, to the nearest Value Submission at Exhibits 5B and 5D; see also Petitioners’ Submission of Complete 2010 Financial Thailand has not reported data specific seaport. The inland freight costs in the World Bank report are for shipping a Statement of Thai Wire Products Public Company to the two-digit description since 2000. Limited, dated September 12, 2011; see also Prelim However, Thailand did report total 20-foot container. We calculated a per- SV Memo at Exhibits 11a–c. manufacturing wage data in 2005. kilogram, per-kilometer surrogate inland 120 See Final Negative Countervailing Duty Accordingly, relying on Chapter 6A of freight rate of 0.0008 U.S. dollars per Determination: Bottle-Grade Polyethylene kilometer per kilogram based on using Terephthalate (PET) Resin From Thailand, 70 FR the Yearbook, the Department 13462 (March 21, 2005); see also Ball Bearings and calculated the labor input using total Parts Thereof From Thailand: Final Results of labor data reported by Thailand to the 114 See Labor Methodologies, 76 FR at 36093. Countervailing Duty Administrative Review, 61 FR 115 ILO, in accordance with section See Final Determination of Sales at Less Than 729 (January 6, 1997). Fair Value and Critical Circumstances: Certain 121 See id. 773(c)(4) of the Act. For the preliminary Malleable Iron Pipe Fittings From the People’s 122 See Freshwater Crawfish Tail Meat from the Republic of China, 68 FR 61395 (October 28, 2003) People’s Republic of China: Notice of Final Results 113 See Antidumping Methodologies in and accompanying Issues and Decision and Rescission, In Part, of 2004/2005 Antidumping Proceedings Involving Non-Market Economies: Memorandum at Comment 11. Duty Administrative Review and New Shipper Valuing the Factor of Production: Labor, 76 FR 116 See Prelim SV Memo at 10 and Exhibit 7. Reviews, 72 FR 19174 (April 17, 2007) and 36092 (June 21, 2011) (‘‘Labor Methodologies’’). 117 See id. Continued

VerDate Mar<15>2010 17:06 Nov 03, 2011 Jkt 226001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\04NON1.SGM 04NON1 mstockstill on DSK4VPTVN1PROD with NOTICES 68420 Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Notices

is a producer of galvanized iron sheets, financial statement. Accordingly, we Verification we find that Thai Iron’s financial have disregarded the respondents’ As provided in section 782(i)(1) of the statements do not reflect the production energy inputs (coal and electricity) in Act, we intend to verify the information experience of the respondents to the the calculation of normal value for upon which we will rely in making our degree of Capital Engineering’s financial purposes of the preliminary final determination. statements. Additionally, we were determination, in order to avoid double- unable to calculate a financial ratio counting energy costs which have Combination Rates based on the statement of Thai Wire necessarily been captured in the surrogate financial ratios.123 In the Initiation Notice, the because the statement lacked sufficient Department stated that it would detail in order to allow for the Currency Conversion calculate combination rates for certain classification of expenses. We made currency conversions into respondents that are eligible for a Furthermore, we were unable to U.S. dollars, in accordance with section separate rate in this investigation.124 segregate and, therefore, were unable to 773A(a) of the Act, based on the Preliminary Determination exclude energy costs from the exchange rates in effect on the dates of calculation of the surrogate financial the U.S. sales as certified by the Federal The weighted-average dumping ratio using Capital Engineering’s Reserve Bank. margins are as follows:

GALVANIZED STEEL WIRE FROM THE PRC

Weighted- Exporter Producer average mar- gin (percent)

Tianjin Honbase Machinery Manufactory Co., Ltd ...... Tianjin Honbase Machinery Manufactory Co., Ltd ...... 131.84 Anhui Bao Zhang Metal Products Co., Ltd ...... Anhui Bao Zhang Metal Products Co., Ltd ...... 76.34 Shanghai Bao Zhang Industry Co., Ltd ...... Shanghai Bao Zhang Industry Co., Ltd ...... 76.34 Shanghai Bao Zhang Industry Co., Ltd ...... Anhui Bao Zhang Metal Products Co., Ltd ...... 76.34 Anhui Bao Zhang Metal Products Co., Ltd ...... Shanghai Bao Zhang Industry Co., Ltd ...... 76.34 Shijiazhuang Kingway Metal Products Co., Ltd ...... Shijiazhuang Kingway Metal Products Co., Ltd ...... 127.09 Shanxi Yuci Broad Wire Products Co., Ltd ...... Shanxi Yuci Broad Wire Products Co., Ltd ...... 127.09 Huanghua Jinhai Hardware Products Co., Ltd ...... Huanghua Jinhai Hardware Products Co., Ltd ...... 127.09 Huanghua Jinhai Import & Export Trading Co., Ltd ...... Huanghua Jinhai Hardware Products Co., Ltd ...... 127.09 Guizhou Wire Rope Incorporated Company ...... Guizhou Wire Rope Incorporated Company ...... 127.09 Hebei Minmetals Co., Ltd ...... Huanghua Jinhai Hardware Products Co., Ltd ...... 127.09 Hebei Minmetals Co., Ltd ...... Huanghua Huarong Hardware Co., Ltd ...... 127.09 Hebei Minmetals Co., Ltd ...... Shandong Jining Lianzhong Hardware Products Co., Ltd ...... 127.09 Shandong Minmetals Co., Ltd ...... Huanghua Jinhai Hardware Products Co., Ltd ...... 127.09 Shandong Minmetals Co., Ltd ...... Huanghua Xincheng Metal Products Co., Ltd ...... 127.09 Shandong Minmetals Co., Ltd ...... Tianjin Shi Dagangqu Yuliang XianCaichang ...... 127.09 Shandong Minmetals Co., Ltd ...... Tianjin Hengfeng Metal Wire Co., Ltd ...... 127.09 Shandong Minmetals Co., Ltd ...... Tianjin Shi Jinghai Yicheng Hardware Products Co., Ltd ...... 127.09 Fasten Group Imp. & Exp. Co., Ltd ...... Jiangsu Fasten Stock Co., Ltd ...... 127.09 Fasten Group Imp. & Exp. Co., Ltd ...... Zhangjiagang Guanghua Communication Cable Materials Co., 127.09 Ltd. Fasten Group Imp. & Exp. Co., Ltd ...... Zhangjiagang Kaihua Metal Products Co., Ltd ...... 127.09 Qingdao Ant Hardware Manufacturing Co., Ltd ...... Qingdao Ant Hardware Manufacturing Co., Ltd ...... 127.09 Suntec Industries Co., Ltd ...... Tianjin Jinnan 4th Wire Factory ...... 127.09 Suntec Industries Co., Ltd ...... Tianjin Yinshan Manufacture & Trade Co., Ltd ...... 127.09 Suntec Industries Co., Ltd ...... Tianjin Zhaohong Metal Products Co., Ltd ...... 127.09 Suntec Industries Co., Ltd ...... Tianjin Wandai Metal Products Co., Ltd ...... 127.09 Suntec Industries Co., Ltd ...... Tianjin Dagang Wire Factory ...... 127.09 Suntec Industries Co., Ltd ...... Tianjin Jinghai Yicheng Metal Products Co., Ltd ...... 127.09 Suntec Industries Co., Ltd ...... Tianjin Liquan Metal Products Co., Ltd ...... 127.09 Suntec Industries Co., Ltd ...... Tianjin Huayuan Times Metal Products Co., Ltd ...... 127.09 Suntec Industries Co., Ltd ...... Tianjin Fusheng Metal Products Co., Ltd ...... 127.09 M & M Industries Co., Ltd ...... Tianjin Huayuan Times Metal Products Co., Ltd ...... 127.09 M & M Industries Co., Ltd ...... Tianjin Huayuan Metal Wire Products Co., Ltd ...... 127.09 M & M Industries Co., Ltd ...... Tianjin Tianxin Metal Products Co., Ltd ...... 127.09 M & M Industries Co., Ltd ...... Tianjin Jinghai County Yongshun Metal Products Mill ...... 127.09 M & M Industries Co., Ltd ...... Huanghua Jinhai Hardware Products Co., Ltd ...... 127.09 Shaanxi New Mile International Trade Co., Ltd ...... Tianjin Huayuan Metal Wire Products Co., Ltd ...... 127.09 Shaanxi New Mile International Trade Co., Ltd ...... Tianjin Jinghai Yicheng Metal Products Co., Ltd ...... 127.09 Shaanxi New Mile International Trade Co., Ltd ...... Tianjin Zhaohong Metal Products Co., Ltd ...... 127.09 Shaanxi New Mile International Trade Co., Ltd ...... Tianjin Lianxing Metal Products Co., Ltd ...... 127.09 Shaanxi New Mile International Trade Co., Ltd ...... Tianjin Beichen Gangjiaoxian Metal Products Co., Ltd, Fuli 127.09 Branch. Shaanxi New Mile International Trade Co., Ltd ...... Shenzhou Hongli Metal Products Co., Ltd ...... 127.09 Hebei Cangzhou New Century Foreign Trade Co., Ltd ...... Tianjin Huayuan Metal Wire Products Co., Ltd ...... 127.09 Hebei Cangzhou New Century Foreign Trade Co., Ltd ...... Tianjin Randa Metal Products Factory ...... 127.09

accompanying Issues and Decision Memorandum at Citric Acid and Certain Citrate Salts From the 124 See Initiation Notice, 76 FR at 23553 and as Comment 1. People’s Republic of China: Final Affirmative described in Policy Bulletin 05.1, available at 123 See Tianjin Honbase Prelim Analysis Memo; Determination of Sales at Less Than Fair Value, 74 http://ia.ita.doc.gov/rates. see also Baozhang Prelim Analysis Memo; see also FR 16838, 16839 (April 13, 2009).

VerDate Mar<15>2010 17:06 Nov 03, 2011 Jkt 226001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\04NON1.SGM 04NON1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Notices 68421

GALVANIZED STEEL WIRE FROM THE PRC—Continued

Weighted- Exporter Producer average mar- gin (percent)

Hebei Cangzhou New Century Foreign Trade Co., Ltd ...... Tianjin Jinghai Yicheng Metal Products Co., Ltd ...... 127.09 Hebei Cangzhou New Century Foreign Trade Co., Ltd ...... Tianjin Jinghai Hongjiufeng Wire Products Co., Ltd ...... 127.09 Hebei Cangzhou New Century Foreign Trade Co., Ltd ...... Huanghua Jinhai Hardware Products Co., Ltd ...... 127.09 Dezhou Hualude Hardware Products Co., Ltd ...... Tianjin Jinghai Yicheng Metal Products Co., Ltd ...... 127.09 Dezhou Hualude Hardware Products Co., Ltd ...... Tianjin Yinshan Industry and Trade Co., Ltd ...... 127.09 Dezhou Hualude Hardware Products Co., Ltd ...... Tianjin Zhenyuan Industry and Trade Co., Ltd ...... 127.09 Dezhou Hualude Hardware Products Co., Ltd ...... Dingzhou Xuri Metal Products Factory ...... 127.09 Dezhou Hualude Hardware Products Co., Ltd ...... Huanghua Jinhai Hardware Products Co., Ltd ...... 127.09 Dezhou Hualude Hardware Products Co., Ltd ...... Tianjin Dagang Wire Mill ...... 127.09 Dezhou Hualude Hardware Products Co., Ltd ...... Tianjin Huayuan Industrial Company ...... 127.09 Dezhou Hualude Hardware Products Co., Ltd ...... Hebei Yongwei Metal Products Co., Ltd ...... 127.09 Dezhou Hualude Hardware Products Co., Ltd ...... Tianjin Guanshun Metal Products Co., Ltd ...... 127.09 Shanghai SETI Enterprise International Co., Ltd ...... Shanghai Xiaoyu Metal Products Co., Ltd ...... 127.09 Xi’an Metals and Minerals Import and Export Co., Ltd ...... Tianjin Jinyongtai Hardware Products Co., Ltd ...... 127.09 Xi’an Metals and Minerals Import and Export Co., Ltd ...... Tianjin Hengfeng Metal Wire Co., Ltd ...... 127.09 Xi’an Metals and Minerals Import and Export Co., Ltd ...... Shenzhou City Hongli Hardware Manufacturing Co., Ltd ...... 127.09 Xi’an Metals and Minerals Import and Export Co., Ltd ...... Tianjin Dagang Jinding Metal Products Factory ...... 127.09

PRC-Wide Rate 125 235.00

Disclosure Final Determination With Final this case, excluding M&M Industries We will disclose the calculations Antidumping Determination, 76 FR Co., Ltd., who are receiving the All- performed within five days of the date 55031 (September 6, 2011) that Others rate in the CVD investigation, we of publication of this notice to parties in galvanized steel wire exported by will instruct CBP to require an this proceeding in accordance with 19 Baozhang and M&M Industries Co., Ltd., antidumping cash deposit or posting of CFR 351.224(b). benefitted from export subsidies. With a bond equal to the amount by which respect to Baozhang, we will instruct the NV exceeds the U.S. price, as Suspension of Liquidation CBP to require an antidumping cash indicated above, reduced by the lesser In accordance with section 733(d) of deposit or posting of a bond equal to the of the average of the export subsidy the Act, we will instruct CBP to suspend amount by which the NV exceeds the rates determined in the CVD liquidation of all entries of galvanized U.S. price, as indicated above, reduced investigation or the average of the CVD steel wire from the PRC as described in by the export subsidy determined for export subsidy rates applicable to the the ‘‘Scope of Investigation’’ section, Baozhang in the companion CVD mandatory respondents, on which the entered, or withdrawn from warehouse, investigation.126 separate rate dumping margins are for consumption from Tianjin Honbase With respect to M&M Industries Co., based. and Baozhang, the non-selected Ltd., a separate rate recipient in this Because Tianjin Honbase is a companies receiving a separate rate, and case, but a mandatory respondent in the mandatory respondent in this case but the PRC-wide entity on or after the date companion CVD case that was found to received the All-Others rate in the of publication of this notice in the have benefitted from export subsidies, companion CVD case, we will instruct Federal Register. we will instruct CBP to require an CBP to require an antidumping cash Additionally, the Department has antidumping cash deposit or posting of deposit or posting of a bond equal to the determined in its Galvanized Steel Wire a bond equal to the amount by which amount by which the NV exceeds the From the People’s Republic of China: the NV exceeds the U.S. price, as U.S. price, as indicated above, reduced Preliminary Affirmative Countervailing indicated above, reduced by the lesser by the average of the export subsidy Duty Determination and Alignment of of its own CVD export subsidy rate or rates determined in the CVD the average of the CVD export subsidy investigation. 125 The PRC–Wide entity includes: Tianjin rates applicable to the mandatory For all other entries of galvanized Huayuan Metal Wire Products Co., Ltd.; Tianjin respondents, on which M&M Industries steel wire from the PRC, the following Meijiahua Trade Co., Ltd., Tianjin Huayuan Times Co., Ltd.’s dumping margin is based. For cash deposit/bonding instructions Metal Products Co., Ltd.; Tianjin Tianxin Metal 127 Products Co., Ltd.; Tianjin Jinghai Yicheng Metal the other separate rate recipients in apply: (1) The rate for the firms listed Products Co., Ltd.; Anping Shuangmai Metal in the chart above will be the rate we Products Co., Ltd.; Anping Xinhong Wire Mesh Co., 126 See, e.g., Notice of Final Determination of have determined in this preliminary Ltd.; Beijing Catic Industry Limited; Benxi Sales at Less Than Fair Value: Carbazole Violet determination; (2) for all non-PRC Wasainuo Metal Packaging Production Co., Ltd.; Pigment 23 From India, 69 FR 67306, 67307 China National Electronics Imp. & Exp. Ningbo Co., (November 17, 2007). exporters of galvanized steel wire which Ltd.; Easen Corp.; Ecms O/B Tianjin Huayuan Metal 127 The Department notes that it is our practice to have not received their own rate, the Wire; Hebei Dongfang Hardware And Mesh Co., adjust the separate rate companies by the lesser of cash-deposit rate will be the rate Ltd.; Hebei Longda Trade Co., Ltd.; Huanghua the export subsidy rate (or average thereof) applicable to the PRC exporter in the Yufutai Hardware Products Co., Ltd.; Maccaferri applicable to the mandatory respondents from (Changsha) Enviro-Tech Co.; Nantong Long Yang which the separate rate is calculated, or the All- combination listed above, that supplied International Trade Co., Ltd.; Shandong Hualing Others export subsidy rate from the CVD case (with that non-PRC exporter. These Hardware & Tools Co., Ltd.; Shanghai Multi- exception of M&M, which has its own calculated suspension-of-liquidation instructions development Enterprises; Shanghai Suntec export subsidy rate). Because the weighted-average Industries Co., Ltd.; Tianjin Jing Weida export subsidy rate is not currently on the record will remain in effect until further notice. International Trade Co., Ltd.; Tianjin Pcss Trading of the antidumping duty investigation, we are using Co., Ltd.; and Weifang Hecheng International Trade a simple average of the export subsidy rates determination, we intend to update this information Co., Ltd. calculated in the CVD case. However, for the final based on the final determination in the CVD case.

VerDate Mar<15>2010 17:06 Nov 03, 2011 Jkt 226001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\04NON1.SGM 04NON1 mstockstill on DSK4VPTVN1PROD with NOTICES 68422 Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Notices

International Trade Commission preliminary determination if, in the DEPARTMENT OF COMMERCE Notification event of an affirmative preliminary International Trade Administration In accordance with section 733(f) of determination, a request for such the Act, we will notify the ITC of our postponement is made by exporters, [A–201–840] preliminary affirmative determination of who account for a significant proportion sales at less than fair value. Section of exports of the subject merchandise, or Galvanized Steel Wire From Mexico: 735(b)(2) of the Act requires the ITC to in the event of a negative preliminary Preliminary Determination of Sales at make its final determination as to determination, a request for such Less Than Fair Value and whether the domestic industry in the postponement is made by the petitioner. Postponement of Final Determination United States is materially injured, or The Department’s regulations, at 19 CFR AGENCY: Import Administration, threatened with material injury, by 351.210(e)(2), require that requests by International Trade Administration, reason of imports of galvanized steel respondents for postponement of a final Department of Commerce. wire, or sales (or the likelihood of sales) determination be accompanied by a DATES: for importation, of the galvanized steel Effective Date: November 4, request for extension of provisional 2011. wire within 45 days of our final measures from a four-month period to determination. SUMMARY: The Department of Commerce not more than six months. (the Department) preliminarily Public Comment As noted above, on October 21, 2011, determines that galvanized steel wire Case briefs or other written comments Tianjin Honbase requested that in the (galvanized wire) from Mexico is being, may be submitted to the Assistant event of an affirmative preliminary or is likely to be, sold in the United Secretary for Import Administration no determination in this investigation, the States at less than fair value (LTFV), as later than seven days after the date the Department postpone its final provided in section 733(b) of the Tariff final verification report is issued in this determination by 60 days (135 days after Act of 1930, as amended (the Act). The proceeding and rebuttal briefs, limited publication of the preliminary estimated dumping margins are listed in to issues raised in case briefs, no later determination) and extend the the ‘‘Suspension of Liquidation’’ section than five days after the deadline for application of the provisional measures of this notice. Interested parties are submitting case briefs.128 A list of prescribed under section 733(d) of the invited to comment on this preliminary authorities used and an executive Act and 19 CFR 351.210(e)(2), from a determination. Pursuant to requests summary of issues should accompany four month period to a six month from interested parties, we are postponing for 60 days the final any briefs submitted to the Department. period. In accordance with section determination and extending This summary should be limited to five 735(a)(2)(A) of the Act and 19 CFR pages total, including footnotes. provisional measures from a four-month In accordance with section 774 of the 351.210(b)(2)(ii), because (1) our period to not more than six months. Act, we will hold a public hearing, if preliminary determination is Accordingly, we will make our final requested, to afford interested parties an affirmative; (2) the requesting determination not later than 135 days opportunity to comment on arguments producers/exporters account for a after publication of the preliminary raised in case or rebuttal briefs. If a significant proportion of exports of the determination. subject merchandise; and (3) no request for a hearing is made, we intend FOR FURTHER INFORMATION CONTACT: compelling reasons for denial exist, we to hold the hearing three days after the Patrick Edwards or Ericka Ukrow, AD/ are granting this request and are deadline of submission of rebuttal briefs CVD Operations, Office 7, Import postponing the final determination until at the U.S. Department of Commerce, Administration, International Trade 14th Street and Constitution Ave NW., no later than 135 days after the Administration, U.S. Department of Washington, DC 20230, at a time and publication of this notice in the Federal Commerce, 14th Street and Constitution location to be determined. Parties Register. Suspension of liquidation will Avenue NW., Washington, DC 20230; should confirm by telephone the date, be extended accordingly. We are also telephone: (202) 482–8029 or (202) 482– time, and location of the hearing two granting the request to extend the 0405, respectively. days before the scheduled date. application of the provisional measures SUPPLEMENTARY INFORMATION: Any interested party may request a prescribed under section 733(d) of the hearing within 30 days of publication of Act and 19 CFR 351.210(e)(2) from a Background 129 this notice. Hearing requests should four month period to a six month On April 20, 2011, the Department contain the following information: (1) period. initiated the antidumping duty The party’s name, address, and This determination is issued and investigation on galvanized wire from telephone number; (2) the number of Mexico. See Galvanized Steel Wire from participants; and (3) a list of the issues published in accordance with sections 733(f) and 777(i)(1) of the Act. the People’s Republic of China and to be discussed. Oral presentations will Mexico: Initiation of Antidumping Duty be limited to issues raised in the Dated: October 27, 2011. 130 Investigations, 76 FR 23548 (April 27, briefs. Paul Piquado, 2011) (Initiation Notice). The Petitioners Postponement of Final Determination Assistant Secretary for Import in this investigation are Davis Wire and Extension of Provisional Measures Administration. Corporation, Johnstown Wire Section 735(a)(2) of the Act provides [FR Doc. 2011–28655 Filed 11–3–11; 8:45 am] Technologies, Inc., Mid-South Wire that a final determination may be BILLING CODE 3510–DS–P Company, Inc., National Standard, LLC, postponed until not later than 135 days and Oklahoma Steel & Wire Company, after the date of the publication of the Inc. (collectively, Petitioners). Since the Initiation Notice, the following events 128 See 19 CFR 351.309(c)(1)(i) and 19 CFR have occurred. 351.309(d)(1). The Department set aside a period of 129 See 19 CFR 351.310(c). time for parties to raise issues regarding 130 See 19 CFR 351.310(d). product coverage and encouraged all

VerDate Mar<15>2010 17:06 Nov 03, 2011 Jkt 226001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\04NON1.SGM 04NON1 mstockstill on DSK4VPTVN1PROD with NOTICES