68 FR 68356, December 8, 2003
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-829]
Final Affirmative Countervailing Duty Determination:
Prestressed Concrete Steel Wire Strand From India
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final affirmative countervailing duty investigation.
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SUMMARY: On July 8, 2003, the Department of Commerce (the Department)
published in the Federal Register its preliminary affirmative
determination in the countervailing duty investigation of prestressed
concrete steel wire strand (PC strand or subject merchandise) from
India for the period April 1, 2001, through March 31, 2002.
The program rates determined in this final determination do not
differ from those determined in the preliminary determination. The
final net rate for all Indian producers/exporters of subject
merchandise is listed below in the ``Suspension of Liquidation''
section of this notice.
EFFECTIVE DATE: December 8, 2003.
FOR FURTHER INFORMATION CONTACT: Robert Copyak at (202) 482-2209 or
Alicia Kinsey at (202) 482-4793, Office of AD/CVD Enforcement VI, Group
II, Import Administration, International Trade Administration, U.S.
Department of Commerce, Room 4012, 14th Street and Constitution Avenue,
NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
The petition in this investigation was filed by American Spring
Wire Corp., Insteel Wire Products Company, and Sumiden Wire Products
Corp. (collectively, the petitioners). On July 8, 2003, the Department
published the preliminary determination. See Notice of Preliminary
Affirmative Countervailing Duty Determination: Prestressed Concrete
Steel Wire Strand from India, 68 FR 40629 (July 8, 2003) (Preliminary
Determination), which is on file in room B-099 in the Central Records
Unit of the main Commerce building (CRU).
In accordance with section 705(a)(1) of the Tariff Act of 1930, as
amended (the Act), we aligned this final determination with the final
determination in the antidumping duty investigation of PC strand from
India. See Preliminary Determination, 68 FR 40629, 40631. We invited
interested parties to comment on the Department's findings in the
Preliminary Determination. On August 27, 2003, we received comments
from petitioners supporting the Department's preliminary analysis. We
received no other comments. This investigation covers all producers/
exporters of subject merchandise in India for the period April 1, 2001,
through March 31, 2002.
Scope of the Investigation
The merchandise subject to this investigation is prestressed
concrete steel wire (PC strand), which is steel strand produced from
wire of non-stainless, non-galvanized steel, which is suitable for use
in prestressed concrete (both pre-tensioned and post-tensioned)
applications. The product definition encompasses covered and uncovered
strand and all types, grades, and diameters of PC strand.
The merchandise under this investigation is currently classifiable
under subheadings 7312.10.3010 and 7312.10.3012 of the Harmonized
Tariff Schedule of the United States (HTSUS). Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the merchandise under investigation is
dispositive.
Analysis of Comments Received
The Department's positions on the subsidy programs addressed in
this case are discussed the ``Issues and Decision Memorandum''
(Decision Memorandum) from Holly A. Kuga, Acting Deputy Assistant
Secretary, AD/CVD Enforcement II, to James J. Jochum, Assistant
Secretary for Import Administration, dated December 1, 2003, which is
hereby adopted by this notice. This public memorandum, which is on file
in the CRU, also contains the recommended adverse facts available
program rates and the adverse facts available total net subsidy rate. A
complete version of the Decision Memorandum can be accessed on the
World Wide Web at http://www.enforcement.trade.gov, under the heading
``Federal Register Notices.'' The paper copy on file in the CRU and the
electronic version of the Decision Memorandum are identical in content.
Suspension of Liquidation
In accordance with section 703(b) of the Act, we have calculated
the following countervailing duty rate for all Indian producers/
exporters of subject merchandise:
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Producer/exporter Net subsidy rate
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All producers/exporters................... 62.92% ad valorem
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In accordance with our preliminary affirmative determination, we
instructed U.S. Customs and Border Protection (CBP) to suspend
liquidation of all entries of prestressed concrete steel wire strand
from India, which were entered or withdrawn from warehouse, for
consumption on or after July 8, 2003, the date of the publication of
our preliminary determination in the Federal Register. In accordance
with section 703(d) of the Act, we instructed the CBP to discontinue
the suspension of liquidation for merchandise entered on or after
November 5, 2003, but to continue the suspension of liquidation of
entries made between July 8, 2003, and November 4, 2003.
If the International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a countervailing duty
order, reinstate suspension of liquidation under section 706(a) of the
Act for all entries, and require a cash deposit of estimated
countervailing duties for such entries of merchandise in the amount
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. In addition, we are making available to the
ITC all non-privileged and non-proprietary information related to this
investigation. We will allow the ITC access to all privileged and
business proprietary information in our files, provided that the ITC
confirms that it will not disclose such information, either publicly or
under an administrative protective order (APO), without the written
consent of the Assistant Secretary for Import Administration.
Return or Destruction of Proprietary Information
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to APO of their responsibility concerning the destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Failure to comply is a violation of the APO.
[[Page 68357]]
This determination is published pursuant to sections 705(d) and
777(i) of the Act.
Dated: December 1, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
Appendix I--Issues and Decision Memorandum
Summary
Methodology and Background Information
I. Use of Facts Available
II. Programs Determined to Confer Subsidies
A. Government of India Programs
1. Pre-shipment and Post-shipment Export Financing
2. Duty Entitlement Passbook Scheme (DEPS)
3. Export Promotion Capital Goods Scheme (EPCGS)
4. Loans From the Steel Development Fund (SDF)
5. Exemption of Export Credit From Interest Taxes
6. Advance Licenses
7. Income Tax Exemption Scheme (Section 80 HHC)
8. Loan Guarantees From the GOI
B. State of Maharashtra (SOM) Programs
1. Sales Tax Incentives
2. Capital Incentive Scheme
3. Electricity Duty Exemption Scheme
4. Octroi Refund Scheme
5. Exemption of Sales and Purchase Taxes for Certain Investments
Related to Automobiles or Automobile Components
C. Program in the State of Bihar
1. Sales Tax Incentives
D. Programs in the State of Jharkhand
1. Sales Tax Incentives
2. Captive Electricity Generative Plant Subsidy
3. Interest Subsidy
4. Stamp Duty and Registration
5. Pollution Control Equipment Subsidy
6. Mega Units
7. Captive Electricity Tax Exemptions
E. Program in the State of Gujarat
1. Sales Tax Incentives
III. Total Ad Valorem Rate
IV. Recommendation
[FR Doc. 03-30389 Filed 12-5-03; 8:45 am]