Certain Fabricated Structural Steel From Mexico: Final Affirmative Countervailing Duty Determination
| Published date | 30 January 2020 |
| Record Number | 2020-01723 |
| Section | Notices |
| Court | Commerce Department,International Trade Administration |
5381
Federal Register / Vol. 85, No. 20 / Thursday, January 30, 2020 / Notices
1
See Certain Fabricated Structural Steel from
Mexico: Preliminary Affirmative Countervailing
Duty Determination, and Alignment of Final
Determination with Final Antidumping Duty
Determination, 84 FR 33227 (July 12, 2019).
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
2
See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Determination in the
Countervailing Duty Investigation of Certain
Fabricated Structural Steel from Mexico,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
3
See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
4
See Certain Fabricated Structural Steel from
Canada, Mexico, and the People’s Republic of
China: Initiation of Less-Than-Fair-Value
Investigations, 84 FR 7330, 7331 (March 4, 2019)
(Initiation Notice).
5
See Memorandum, ‘‘Fabricated Structural Steel
from Canada, Mexico, and the People’s Republic of
China: Final Scope Decision Memorandum,’’ dated
concurrently with, and hereby adopted by, this
notice (Final Scope Decision Memorandum).
6
See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
7
See sections 776(a) and (b) of the Act.
S
EPARATE
R
ATE
C
OMPANIES
—Continued
Exporter Producer
Non-individually examined exporters receiving separate rates Producers supplying the non-individually-examined exporters
Yanda (Haimen) Heavy Equipment Manufacturing Co., Ltd .................... Yanda (Haimen) Heavy Equipment Manufacturing Co., Ltd.
[FR Doc. 2020–01720 Filed 1–29–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–201–851]
Certain Fabricated Structural Steel
From Mexico: Final Affirmative
Countervailing Duty Determination
AGENCY
: Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY
: The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
certain fabricated structural steel
(fabricated structural steel) from
Mexico. The period of investigation is
January 1, 2018 through December 31,
2018.
DATES
: Applicable January 30, 2020.
FOR FURTHER INFORMATION CONTACT
:
Maliha Khan, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0895.
SUPPLEMENTARY INFORMATION
:
Background
On July 12, 2019, Commerce
published the Preliminary
Determination.
1
The petitioner in this
investigation is the American Institute
of Steel Construction Full Member
Subgroup. In addition to the
Government of Mexico (GOM), the
mandatory respondents in this
investigation are Building Systems de
Mexico, S.A. de C.V. (BSM) and Corey
S.A. de C.V. (Corey).
A summary of the events that
occurred since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
parties for this final determination, are
discussed in the Issues and Decision
Memorandum, which is hereby adopted
by this notice.
2
The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and is
available to all parties in the Central
Records Unit, room B8024 of the main
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at http://enforcement.trade.gov/
frn/index.html. The signed Issues and
Decision Memorandum and the
electronic version of the Issues and
Decision Memorandum are identical in
content.
Scope of the Investigation
The products covered by this
investigation is fabricated structural
steel from Mexico. For a complete
description of the scope of the
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,
3
the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).
4
Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice. Commerce addressed
these comments in the Preliminary
Determination, wherein Commerce
preliminarily modified the scope
language.
In addition, certain interested parties
commented on Commerce’s preliminary
scope decisions. For a summary of the
product coverage comments and
rebuttal comments submitted to the
record for this final determination, and
accompanying discussion and analysis
of all comments timely received, see the
Final Scope Decision Memorandum.
5
Based on the comments received,
Commerce is modifying the scope
language as it appeared in the
Preliminary Determination. See the
revised scope in Appendix I to this
notice.
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation and the issues raised in
the case and rebuttal briefs by parties in
this investigation are discussed in the
Issues and Decision Memorandum. A
list of the issues that parties raised is
attached to this notice as Appendix II.
Methodology
Commerce conducted this
investigation in accordance with section
701 of the Tariff Act of 1930, as
amended (the Act). For each of the
subsidy programs found
countervailable, Commerce determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.
6
For a
full description of the methodology
underlying our final determination, see
the Issues and Decision Memorandum.
Use of Adverse Facts Available (AFA)
For purposes of this final
determination, we relied on facts
available, and because certain
respondents did not act to the best of
their ability in responding to
Commerce’s requests for information,
we drew an adverse inference, where
appropriate, in selecting from among the
facts otherwise available in accordance
with sections 776(a) and (b) of the Act.
7
A full discussion of our decision to rely
on adverse facts available is presented
in the ‘‘Use of Facts Otherwise
Available and Adverse Inferences’’
section of the Issues and Decision
Memorandum.
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Federal Register / Vol. 85, No. 20 / Thursday, January 30, 2020 / Notices
8
See Memoranda, ‘‘Countervailing Duty
Investigation of Certain Fabricated Structural Steel
from Mexico: Verification of the Questionnaire
Responses of Building Systems de Mexico S.A. de
C.V.,’’ dated September 6, 2019; ‘‘Countervailing
Duty Investigation of Certain Fabricated Structural
Steel from Mexico: Verification of the
Questionnaire Responses of Corey S.A. de C.V.,’’
dated September 26, 2019; and ‘‘Countervailing
Duty Investigation of Certain Fabricated Structural
Steel from Mexico: Verification of the
Questionnaire Responses of the Government of
Mexico,’’ dated September 10, 2019.
9
As discussed in the Preliminary Decision
Memorandum, Commerce has found the following
companies to be cross-owned with Corey:
Inversiones de Jalisco, S.A. de C.V.; Aceros Corey,
S.A.P.I. de C.V.; Industrias Recal, S.A. de C.V.;
6190, S.A. de C.V; Servicios Integrales Corey, S.A.
de C.V.; Servicios Te
´cnicos Corey, S.A. de C.V.;
Estructuras de Acero CVGS, S.A. de C.V.; and
Operadora Industrial El Salto, S.A. de C.V. See
Preliminary Decision Memorandum at 15.
Verification
As provided in section 782(i) of the
Act, in August 2019, Commerce verified
the subsidy information reported by
BSM, Corey, and the GOM. We used
standard verification procedures,
including an examination of relevant
accounting records and original source
documents provided by the
respondents.
8
Changes Since the Preliminary
Determination
Based on our review and analysis of
the comments received from parties, we
made certain changes to Commerce’s
application of adverse facts available to
certain companies. For a discussion of
these changes, see the Issues and
Decision Memorandum.
Final Determination
In accordance with section
705(c)(1)(B)(i)(I) of the Act, we
calculated individual estimated
countervailable subsidy rates for BSM
and Corey and established subsidy rates
for the 5 companies that failed to
respond to Commerce’s quantity and
value questionnaire by applying AFA.
Section 705(c)(5)(A)(i) of the Act states
that, for companies not individually
investigated, Commerce will determine
an all-others rate equal to the weighted-
average countervailable subsidy rates
established for exporters and producers
individually examined, excluding any
zero and de minimis countervailable
subsidy rates, and any rates determined
entirely under section 776 of the Act.
In this investigation, Commerce has
found a de minimis rate for mandatory
respondent BSM. Therefore, the only
rate that is not zero, de minimis or based
entirely on facts otherwise available for
exporters or producers individually
examined is the rate calculated for
Corey. Consequently, the rate calculated
for Corey is also assigned as the rate for
all other producers and exporters.
Commerce determines the total
estimated net countervailable subsidy
rates to be the following:
Company Subsidy rate
(percent)
Building Systems de Mexico,
S.A. de C.V ....................... 0.01
Corey S.A. de C.V.
9
............. 13.62
Acero Technologia, S.A. de
C.V .................................... 68.87
Construcciones Industriales
Tapia S.A. de C.V ............. 68.87
Estructuras Metalicas la Pop-
ular S.A. de C.V./MSCI ..... 68.87
Operadora CICSA, S. A. de
C. V. Swecomex—Guada-
lajara ................................. 68.87
Preacero Pellizzari Mexico
S.A. de C.V ....................... 68.87
All Others .............................. 13.62
Disclosure
Commerce intends to disclose the
calculations performed in connection
with this final determination within five
days of the date of publication of this
notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of
Liquidation
As a result of our Preliminary
Determination, and pursuant to sections
703(d)(1)(B) and (d)(2) of the Act,
Commerce instructed U.S. Customs and
Border Protection (CBP) to suspend
liquidation of entries of subject
merchandise, as described in the scope
of the investigation section, that was
entered or withdrawn from warehouse
for consumption on or after July 12,
2019, the date of publication of the
Preliminary Determination in the
Federal Register. In accordance with
section 703(d) of the Act, we issued
instructions to CBP to discontinue the
suspension of liquidation for
countervailing duty (CVD) purposes for
subject merchandise entered, or
withdrawn from warehouse, on or after
November 9, 2019 but to continue the
suspension of liquidation of all entries
from July 12, 2019 through November 8,
2019.
If the U.S. International Trade
Commission (ITC) issues a final
affirmative injury determination, we
will issue a CVD order, reinstate the
suspension of liquidation under section
706(a) of the Act, and will require a cash
deposit of estimated countervailing
duties for such entries of subject
merchandise in the amounts indicated
above. If the ITC determines that
material injury, or threat of material
injury, does not exist, this proceeding
will be terminated and all estimated
duties deposited or securities posted as
a result of the suspension of liquidation
will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
determination. Because the final
determination in this proceeding is
affirmative, in accordance with section
705(b) of the Act, the ITC will make its
final determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
fabricated structural steel from China no
later than 45 days after our final
determination. If the ITC determines
that material injury or threat of material
injury does not exist, the proceeding
will be terminated and all cash deposits
will be refunded. If the ITC determines
that such injury does exist, Commerce
will issue a CVD order directing CBP to
assess, upon further instruction by
Commerce, countervailing duties on all
imports of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation, as
discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section.
Notification Regarding Administrative
Protective Orders
In the event the ITC issues a final
negative injury determination, this
notice serves as the only reminder to
parties subject to an APO of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials, or
conversion to judicial protective order,
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation subject to sanction.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 705(d)
and 777(i) of the Act and 19 CFR
351.210(c).
Dated: January 23, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by the
investigation is carbon and alloy fabricated
structural steel. Fabricated structural steel is
made from steel in which: (1) Iron
predominates, by weight, over each of the
other contained elements; and (2) the carbon
content is two percent or less by weight.
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Fabricated structural steel products are steel
products that have been fabricated for
erection or assembly into structures,
including, but not limited to, buildings
(commercial, office, institutional, and multi-
family residential); industrial and utility
projects; parking decks; arenas and
convention centers; medical facilities; and
ports, transportation and infrastructure
facilities. Fabricated structural steel is
manufactured from carbon and alloy
(including stainless) steel products such as
angles, columns, beams, girders, plates,
flange shapes (including manufactured
structural shapes utilizing welded plates as a
substitute for rolled wide flange sections),
channels, hollow structural section (HSS)
shapes, base plates, and plate-work
components. Fabrication includes, but is not
limited to cutting, drilling, welding, joining,
bolting, bending, punching, pressure fitting,
molding, grooving, adhesion, beveling, and
riveting and may include items such as
fasteners, nuts, bolts, rivets, screws, hinges,
or joints.
The inclusion, attachment, joining, or
assembly of non-steel components with
fabricated structural steel does not remove
the fabricated structural steel from the scope.
Fabricated structural steel is covered by the
scope of the investigation regardless of
whether it is painted, varnished, or coated
with plastics or other metallic or non-
metallic substances and regardless of
whether it is assembled or partially
assembled, such as into modules,
modularized construction units, or sub-
assemblies of fabricated structural steel.
Subject merchandise includes fabricated
structural steel that has been assembled or
further processed in the subject country or a
third country, including but not limited to
painting, varnishing, trimming, cutting,
drilling, welding, joining, bolting, punching,
bending, beveling, riveting, galvanizing,
coating, and/or slitting or any other
processing that would not otherwise remove
the merchandise from the scope of the
investigation if performed in the country of
manufacture of the fabricated structural steel.
All products that meet the written physical
description of the merchandise covered by
the investigation are within the scope of the
investigation unless specifically excluded or
covered by the scope of an existing
countervailing duty order.
Specifically excluded from the scope of the
investigation are:
1. Fabricated steel concrete reinforcing bar
(rebar) if: (i) It is a unitary piece of fabricated
rebar, not joined, welded, or otherwise
connected with any other steel product or
part; or (ii) it is joined, welded, or otherwise
connected only to other rebar.
2. Fabricated structural steel for bridges
and bridge sections that meets American
Association of State and Highway and
Transportation Officials (AASHTO) bridge
construction requirements or any state or
local derivatives of the AASHTO bridge
construction requirements.
3. Pre-engineered metal building systems,
which are defined as complete metal
buildings that integrate steel framing, roofing
and walls to form one, pre-engineered
building system, that meet Metal Building
Manufacturers Association guide
specifications. Pre-engineered metal building
systems are typically limited in height to no
more than 60 feet or two stories.
4. Steel roof and floor decking systems that
meet Steel Deck Institute standards.
5. Open web steel bar joists and joist
girders that meet Steel Joist Institute
specifications.
6. Also excluded from the scope of the
investigation is scaffolding, and parts and
accessories thereof, that comply with ANSI/
ASSE A10.8—2011—Scaffolding Safety
Requirements, and/or Occupational Safety
and Health Administration regulations at 29
CFR part 1926 subpart L—Scaffolds. The
outside diameter of the scaffold tubing
covered by this exclusion ranges from 25mm
to 150mm.
7. Excluded from the scope of the
investigation are access flooring systems
panels and accessories, where such panels
have a total thickness ranging from 0.75
inches to 1.75 inches and consist of concrete,
wood, other non-steel materials, or hollow
space permanently attached to a top and
bottom layer of galvanized or painted steel
sheet or formed coil steel, the whole of which
has been formed into a square or rectangle
having a measurement of 24 inches on each
side ± 0.1 inch; 24 inches by 30 inches ± 0.1
inch; or 24 by 36 inches ± 0.1 inch.
8. Excluded from the investigation are the
following types of steel poles, segments of
steel poles, and steel components of those
poles:
•Steel Electric Transmission Poles, or
segments of such poles, that meet (1) the
American Society of Civil Engineers
(ASCE)—Design of Steel Transmission Pole
Structures, ASCE/SEI 48 or (2) the USDA
RUS bulletin 1724E–214 Guide specification
for standard class Steel Transmission Poles.
The exclusion for steel electric transmission
poles also encompasses the following
components thereof: Transmission arms
which attach to poles; pole bases; angles that
do not exceed 8″ x 8″ x 0.75″; steel vangs,
steel brackets, steel flanges, and steel caps;
safety climbing cables; ladders; and steel
templates.
•Steel Electric Substation Poles, or
segments of such poles, that meet the
American Society of Civil Engineers
(ASCE)—Manuals and Reports on
Engineering Practice No. 113. The exclusion
for steel electric substation poles also
encompasses the following components
thereof: Substation dead end poles;
substation bus stands; substation mast poles,
arms, and cross-arms; steel brackets, steel
flanges, and steel caps; pole bases; safety
climbing cables; ladders; and steel templates.
•Steel Electric Distribution Poles, or
segments of such poles, that meet (1)
American Society of Civil Engineers
(ASCE)—Design of Steel Transmission Pole
Structures, ASCE/SEI 48, (2) USDA RUS
bulletin 1724E–204 Guide specification for
steel single pole and H-frame structures, or
(3) ANSI 05.1 height and class requirements
for steel poles. The exclusion for steel
electric distribution poles also encompasses
the following components thereof:
Distribution arms and cross-arms; pole bases;
angles that do not exceed 8″ x 8″ x 0.75″;
steel vangs, steel brackets, steel flanges, and
steel caps; safety climbing cables; ladders;
and steel templates.
•Steel Traffic Signal Poles, Steel Roadway
Lighting Poles, Steel Parking Lot Lighting
Poles, and Steel Sports Lighting Poles, or
segments of such poles, that meet (1) the
American Association of State Highway and
Transportation Officials (AASHTO)—
Specifications for Structural Supports for
Highway Signs, Luminaires, and Traffic
Signals, (2) any state or local derivatives of
the AASHTO highway sign, luminaries, and
traffic signals requirements, or (3) American
National Standard Institute (ANSI) C136—
American National Standard for Roadway
and Area Lighting Equipment standards. The
exclusion for steel traffic signal poles, steel
roadway lighting poles, steel parking lot
lighting poles, and steel sports lighting poles
also encompasses the following components
thereof: Luminaire arms; hand hole rims;
hand hole covers; base plates that connect to
either the shaft or the arms; mast arm clamps;
mast arm tie rods; transformer base boxes;
formed full base covers that hide anchor
bolts; step lugs; internal cable guides;
lighting cross arms; lighting service
platforms; angles that do not exceed 8″ x 8″
x 0.75″; stainless steel hand hole door hinges
and wind restraints; steel brackets, steel
flanges, and steel caps; safety climbing
cables; ladders; and steel templates.
•Communication Poles, or segments of
such poles, that meet (1)
Telecommunications Industry Association
(TIA) ANSI/TIA–222 Structural Standards for
Steel Antenna Towers and Antenna
Supporting Structures, or (2) American
Association of State Highway and
Transportation Officials (AASHTO)—
Specifications for Structural Supports for
Highway Signs, Luminaires, and Traffic
Signals. The exclusion for communication
poles also encompasses the following
components thereof: Luminaire arms; hand
hole rims; hand hole covers; base plate that
connects the pole to the foundation or arm
to the pole; safety climbing cables; ladders;
service ground platforms; step lugs; pole
steps; steel brackets, steel flanges, and steel
caps; angles that do not exceed 8″ x 8″ x
0.75″; coax, and safety brackets;
subcomponent kits for antenna mounts
weighing 80 lbs. or less; service platforms;
ice bridges; stainless steel hand hole door
hinges and wind restraints; and steel
templates.
•OEM Round or Polygonal Tapered Steel
Poles, segments or shaft components of such
poles, that meet the (1) ASCE 48 or AASHTO,
(2) ANSI/TIA 222, (3) ANSI 05.1, (4) RUS
bulletin 1724E–204, or (5) RUS bulletin
1724E–214. The exclusion for OEM round or
polygonal tapered steel poles also
encompasses the following components
thereof: Subcomponent kits for antenna
mounts weighing 80 lbs. or less; mounts and
platforms; steel brackets, steel flanges, and
steel caps; angles that do not exceed 8″ x 8″
x 0.75″; bridge kits; safety climbing cables;
ladders; and steel templates.
The inclusion or attachment of one or more
of the above-referenced steel poles in a
structure containing fabricated structural
steel does not remove the fabricated
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Federal Register / Vol. 85, No. 20 / Thursday, January 30, 2020 / Notices
1
See Certain Fabricated Structural Steel from the
People’s Republic of China: Preliminary Affirmative
Countervailing Duty Determination, and Alignment
of Final Determination with Final Antidumping
Duty Determination, 84 FR 33224 (July 12, 2019)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
2
See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Determination in the
Countervailing Duty Investigation of Certain
Fabricated Structural Steel from the People’s
Republic of China,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
3
See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
4
See Certain Fabricated Structural Steel from
Canada, Mexico, and the People’s Republic of
China: Initiation of Countervailing Duty
Investigations, 84 FR 7339 (March 4, 2019)
(Initiation Notice).
5
See Memorandum, ‘‘Fabricated Structural Steel
from Canada, Mexico, and the People’s Republic of
China: Final Scope Decision Memorandum,’’ dated
concurrently with, and hereby adopted by, this
notice (Final Scope Decision Memorandum).
structural steel from the scope of the
investigation. No language included in this
exclusion should be read or understood to
have applicability to any other aspect of this
scope or to have applicability to or to exclude
any product, part, or component other than
those specifically identified in the exclusion.
9. Also excluded from the scope of the
investigation are Shuttering, Formworks,
Propping and Shoring and parts and
accessories thereof that comply with ANSI/
ASSE A10.9—Safety Requirements for
Concrete and Masonry Work and ACI–347—
Recommended Practice for Concrete
Formwork. For Shoring and propping made
from tube, the outside diameter of the tubing
covered by this exclusion ranges from 48mm
to 250mm. For Shuttering and Formworks,
the panel sizes covered by this exclusion
range from 25mm X 600mm to 3000mm X
3000mm.
10. Also excluded from the scope of the
investigation are consumer items for do-it-
yourself assembly that are prepackaged for
retail sale. For the purposes of this exclusion,
prepackaged for retail sale means that, at the
time of importation, all components
necessary to assemble the merchandise,
including all steel components, all accessory
parts (e.g., screws, bolts, washers, nails), and
instructions providing guidance on the
assembly of the finished merchandise or
directions on where to find such instructions,
are enclosed in retail packaging, such that an
end-use, retail consumer could assemble the
completed product with no additional
components. The items may enter the United
States in one or in multiple retail packages
as long as all of the components are imported
together.
The products subject to the investigation
are currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
under subheadings: 7308.90.3000,
7308.90.6000, and 7308.90.9590.
The products subject to the investigation
may also enter under the following HTSUS
subheadings: 7216.91.0010, 7216.91.0090,
7216.99.0010, 7216.99.0090, 7222.40.6000,
7228.70.6000, 7301.10.0000, 7301.20.1000,
7301.20.5000, 7308.40.0000, 7308.90.9530,
and 9406.90.0030.
The HTSUS subheadings above are
provided for convenience and customs
purposes only. The written description of the
scope of the investigation is dispositive.
Appendix II
List of Topics Discussed in the Final
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Use of Facts Otherwise Available and
Adverse Inferences
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Analysis of Comments
Comment 1: Eighth Rule
Comment 2: Calculation of Total Adverse
Facts Available Rate
Comment 3: Application of Adverse Facts
Available to BSM
Comment 4: Application of Adverse Facts
Available to Certain Companies
Comment 5: Modification of Corey’s
Denominators
IX. Recommendation
[FR Doc. 2020–01723 Filed 1–29–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–103]
Certain Fabricated Structural Steel
From the People’s Republic of China:
Final Affirmative Countervailing Duty
Determination
AGENCY
: Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY
: The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to producers and/or exporters
of certain fabricated structural steel
(fabricated structural steel) from the
People’s Republic of China (China). The
period of investigation is January 1,
2018 through December 31, 2018.
DATES
: Applicable January 30, 2020.
FOR FURTHER INFORMATION CONTACT
:
Darla Brown or William Miller, AD/CVD
Operations, Office II, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1791 or (202) 482–3906,
respectively.
SUPPLEMENTARY INFORMATION
:
Background
On July 12, 2019, Commerce
published the Preliminary
Determination.
1
The petitioner in this
investigation is the American Institute
of Steel Construction Full Member
Subgroup. In addition to the
Government of China (GOC), the
mandatory respondents in this
investigation are Modern Heavy
Industries (Taicang) Co., Ltd. (Modern
Heavy) and Shanghai Matsuo Steel
Structure Co., Ltd. (Shanghai Matsuo).
A summary of the events that
occurred since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
parties for this final determination, are
discussed in the Issues and Decision
Memorandum, which is hereby adopted
by this notice.
2
The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at http://access.trade.gov, and to all
parties in the Central Records Unit,
room B8024 of the main Commerce
building. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at http://enforcement.trade.gov/frn/
index.html. The signed and electronic
versions of the Issues and Decision
Memorandum are identical in content.
Scope of the Investigation
The product covered by this
investigation is fabricated structural
steel from China. For a complete
description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,
3
the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).
4
Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice. Commerce addressed
these comments in the Preliminary
Determination, wherein Commerce
preliminarily modified the scope
language.
In addition, certain interested parties
commented on Commerce’s preliminary
scope decisions. For a summary of the
product coverage comments and
rebuttal comments submitted to the
record for this final determination, and
accompanying discussion and analysis
of all comments timely received, see the
Final Scope Decision Memorandum.
5
Based on the comments received,
Commerce is modifying the scope
language as it appeared in the
Preliminary Determination. See the
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