Notice2025-02442
Temporary Steel Fencing From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 11, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 90 Issue 27 (Tuesday, February 11, 2025)</title>
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[Federal Register Volume 90, Number 27 (Tuesday, February 11, 2025)]
[Notices]
[Pages 9315-9320]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-02442]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-198]
Temporary Steel Fencing From the People's Republic of China:
Initiation of Less-Than-Fair-Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable February 4, 2025.
FOR FURTHER INFORMATION CONTACT: Robert Palmer, Office VIII, AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-9068.
SUPPLEMENTARY INFORMATION:
The Petition
On January 15, 2025, the U.S. Department of Commerce (Commerce)
received an antidumping duty (AD) petition concerning imports of
temporary steel fencing from the People's Republic of China (China)
filed in proper form on behalf of ZND US Inc. (the petitioner), a U.S.
producer of temporary steel fencing.\1\ The AD Petition was accompanied
by a countervailing duty (CVD) petition concerning imports of temporary
steel fencing from China.\2\
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\1\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties,'' dated January 15, 2025
(Petition).
\2\ Id.
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On January 17 and 29, 2025, Commerce requested supplemental
information pertaining to certain aspects of the Petition in
supplemental questionnaires.\3\ On January 22, 30, and 31, 2025, the
petitioner filed timely responses to these requests for additional
information.\4\
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\3\ See Commerce's Letters, ``Supplemental Questions,'' dated
January 17, 2025 (General Issues Questionnaire); ``Supplemental
Questions,'' dated January 17, 2025; ``Supplemental Questions,''
dated January 29, 2025; and ``Supplemental Questions,'' dated
January 29, 2025 (Second General Issues Questionnaire).
\4\ See Petitioner's Letters, ``Petitioner's Response to
Commerce's Supplemental Questions,'' dated January 22, 2025 (First
General Issues Supplement); ``Petitioner's Response to Commerce's
Supplemental Questions,'' dated January 22, 2025; ``Petitioner's
Response to Commerce's Supplemental Questions,'' dated January 27,
2025; ``Petitioner's Response to Commerce's Supplemental
Questions,'' dated January 30, 2025; and ``Petitioner's Response to
Commerce's Supplemental Questions,'' dated January 31, 2025 (Second
General Issues Supplement).
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[[Page 9316]]
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of temporary
steel fencing from China are being, or are likely to be, sold in the
United States at less than fair value (LTFV) within the meaning of
section 731 of the Act, and that imports of such products are
materially injuring, or threatening material injury to, the temporary
steel fencing industry in the United States. Consistent with section
732(b)(1) of the Act, the Petition was accompanied by information
reasonably available to the petitioner supporting its allegations.
Commerce finds that the petitioner filed the Petition on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in section 771(9)(C) of the Act. Commerce also finds that
the petitioner demonstrated sufficient industry support for the
initiation of the requested LTFV investigation.\5\
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\5\ See section on ``Determination of Industry Support for the
Petition,'' infra.
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Period of Investigation
Because the Petition was filed on January 15, 2025, and because
China is a non-market economy (NME) country, pursuant to 19 CFR
351.204(b)(1), the period of investigation (POI) for the LTFV
investigation is July 1, 2024, through December 31, 2024.
Scope of the Investigation
The product covered by this investigation is temporary steel
fencing from China. For a full description of the scope of this
investigation, see the appendix to this notice.
Comments on the Scope of the Investigation
On January 17 and 29, 2025, Commerce requested information and
clarification from the petitioner regarding the proposed scope to
ensure that the scope language in the Petition is an accurate
reflection of the products for which the domestic industry is seeking
relief.\6\ On January 22 and 31, 2025, the petitioner provided
clarifications and revised the scope.\7\ The description of merchandise
covered by this investigation, as described in the appendix to this
notice, reflects these clarifications.
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\6\ See First General Issues Questionnaire; see also Second
General Issues Questionnaire.
\7\ See First General Issues Supplement at I-Supp-2 through I-
Supp-9 and Exhibits I-4-Supp and I-14-Supp through I-19-Supp; see
also Second General Issues Supplement at 2-8 and Exhibits I-4-Supp
2, I-22-Supp 2, and I-23-Supp 2.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\8\ Commerce will consider all scope
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determination. If scope comments include factual
information,\9\ all such factual information should be limited to
public information. To facilitate preparation of its questionnaires,
Commerce requests that scope comments be submitted by 5:00 p.m. Eastern
Time (ET) on February 24, 2025, which is 20 calendar days from the
signature date of this notice. Any rebuttal comments, which may include
factual information, and should also be limited to public information,
must be filed by 5:00 p.m. ET on March 6, 2025, which is 10 calendar
days from the initial comment deadline.\10\
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\8\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\9\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\10\ See 19 CFR 351.303(b)(1).
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Commerce requests that any factual information that parties
consider relevant to the scope of this investigation be submitted
during that period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigation may be relevant, the party must contact Commerce and
request permission to submit the additional information. All scope
comments must be filed simultaneously on the records of the concurrent
LTFV and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\11\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\11\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance: Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a handbook
can be found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of temporary steel fencing
to be reported in response to Commerce's AD questionnaires. This
information will be used to identify the key physical characteristics
of the subject merchandise in order to report the relevant factors of
production (FOP) accurately, as well as to develop appropriate product
comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. In order to consider the suggestions of
interested parties in developing and issuing the AD questionnaires, all
product characteristics comments must be filed by 5:00 p.m. ET on
February 24, 2025, which is 20 calendar days from the signature date of
this notice. Any rebuttal comments must be filed by 5:00 p.m. ET on
March 6, 2025, which is 10 calendar days from the initial comment
deadline. All comments and submissions to Commerce must be filed
electronically using ACCESS, as explained above, on the record of the
LTFV investigation.
Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the
[[Page 9317]]
requisite industry support, the statute directs Commerce to look to
producers and workers who produce the domestic like product. The U.S.
International Trade Commission (ITC), which is responsible for
determining whether ``the domestic industry'' has been injured, must
also determine what constitutes a domestic like product in order to
define the industry. While both Commerce and the ITC apply the same
statutory definition regarding the domestic like product,\12\ they do
so for different purposes and pursuant to a separate and distinct
authority. In addition, Commerce's determination is subject to
limitations of time and information. Although this may result in
different definitions of the like product, such differences do not
render the decision of either agency contrary to law.\13\
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\12\ See section 771(10) of the Act.
\13\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United
States, 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigation.\14\ Based on our analysis of the information
submitted on the record, we have determined that temporary steel
fencing, as defined in the scope, constitutes a single domestic like
product, and we have analyzed industry support in terms of that
domestic like product.\15\
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\14\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Checklist, ``Antidumping Duty Investigation Initiation Checklist:
Temporary Steel Fencing from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (China AD
Initiation Checklist), at Attachment II, Analysis of Industry
Support for the Antidumping and Countervailing Duty Petitions
Covering Temporary Steel Fencing from the People's Republic of China
(Attachment II). This checklist is on file electronically via
ACCESS.
\15\ See Attachment II of the China AD Initiation Checklist.
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In determining whether the petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the appendix to
this notice. To establish industry support, the petitioner provided the
2024 production of the domestic like product for the U.S. producers
that support the Petition and compared this to the estimated total
production of the domestic like product in 2024 by the entire U.S.
temporary steel fencing industry.\16\ We relied on data provided by the
petitioner for purposes of measuring industry support.\17\
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\16\ Id.
\17\ For further discussion, see Attachment II of the China AD
Initiation Checklist.
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Our review of the data provided in the Petition and other
information readily available to Commerce indicates that the petitioner
has established industry support for the Petition.\18\ First, the
Petition established support from domestic producers (or workers)
accounting for more than 50 percent of the total production of the
domestic like product and, as such, Commerce is not required to take
further action in order to evaluate industry support (e.g.,
polling).\19\ Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section 732(c)(4)(A)(i)
of the Act because the domestic producers (or workers) who support the
Petition account for at least 25 percent of the total production of the
domestic like product.\20\ Finally, the domestic producers (or workers)
have met the statutory criteria for industry support under section
732(c)(4)(A)(ii) of the Act because the domestic producers (or workers)
who support the Petition account for more than 50 percent of the
production of the domestic like product produced by that portion of the
industry expressing support for, or opposition to, the Petition.\21\
Accordingly, Commerce determines that the Petition was filed on behalf
of the domestic industry within the meaning of section 732(b)(1) of the
Act.\22\
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\18\ Id.
\19\ Id.; see also section 732(c)(4)(D) of the Act.
\20\ See Attachment II of the China AD Initiation Checklist.
\21\ Id.
\22\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioner alleges that
subject imports from China exceed the negligibility threshold provided
for under section 771(24)(A) of the Act.\23\
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\23\ For further information regarding negligibility and the
injury allegation, see China AD Initiation Checklist at Attachment
III, Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Temporary Steel Fencing from the People's Republic of China
(Attachment III).
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The petitioner contends that the industry's injured condition is
illustrated by the significant volume and market share of subject
imports; underselling and price depression and/or suppression; lost
sales and revenues; and declines in the domestic industry's production,
capacity utilization, employment variables, and financial
performance.\24\ We assessed the allegations and supporting evidence
regarding material injury, threat of material injury, causation,
cumulation, as well as negligibility, and we have determined that these
allegations are properly supported by adequate evidence and meet the
statutory requirements for initiation.\25\
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\24\ See Attachment III of the China AD Initiation Checklist.
\25\ Id.
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate a LTFV investigation
of imports of temporary steel fencing from China. The sources of data
for the deductions and adjustments relating to U.S. price and normal
value (NV) are discussed in greater detail in the China AD Initiation
Checklist.
U.S. Price
The petitioner based export price (EP) on pricing information for
temporary steel fencing produced in China and offered for sale in the
United States during the POI.\26\ The petitioner made certain
adjustments to U.S. price to calculate a net ex-factory U.S. price,
where applicable.\27\
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\26\ See China AD Initiation Checklist.
\27\ Id.
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Normal Value
Commerce considers China to be an NME country.\28\ In accordance
with section 771(18)(C)(i) of the Act, any
[[Page 9318]]
determination that a foreign country is an NME country shall remain in
effect until revoked by Commerce. Therefore, we continue to treat China
as an NME country for purposes of the initiation of this LTFV
investigation. Accordingly, we base NV on FOPs valued in a surrogate
market economy country in accordance with section 773(c) of the Act.
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\28\ See, e.g., Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and Preliminary
Affirmative Determination of Critical Circumstances, 88 FR 15372
(March 13, 2023), and accompanying Preliminary Decision Memorandum
at 5, unchanged in Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Final Affirmative Determination
of Sales at Less-Than-Fair Value and Final Affirmative Determination
of Critical Circumstances, 88 FR 34485 (May 30, 2023).
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The petitioner claims that the Republic of T[uuml]rkiye
(T[uuml]rkiye) is an appropriate surrogate country for China because it
is a market economy that is at a level of economic development
comparable to that of China and is a significant producer of comparable
merchandise.\29\ The petitioner provided publicly available information
from T[uuml]rkiye to value all FOPs.\30\ Based on the information
provided by the petitioner, we believe it is appropriate to use
T[uuml]rkiye as a surrogate country for China to value all FOPs for
initiation purposes.
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\29\ See China AD Initiation Checklist.
\30\ Id.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Factors of Production
Because information regarding the volume of inputs consumed by
Chinese producers/exporters was not reasonably available, the
petitioner used a U.S. producer's production experience and product-
specific consumption rates as a surrogate to value Chinese
manufacturers' FOPs.\31\ Additionally, the petitioner calculated
factory overhead, selling, general, and administrative expenses, and
profit based on the experience of two Turkish producers of comparable
merchandise.\32\
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\31\ See China AD Initiation Checklist.
\32\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of temporary steel fencing from China are being,
or are likely to be, sold in the United States at LTFV. Based on
comparisons of EP to NV in accordance with sections 772 and 773 of the
Act, the estimated dumping margins for temporary steel fencing from
China covered by this initiation range from 501.26 to 738.98
percent.\33\
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\33\ Id.
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Initiation of LTFV Investigation
Based upon the examination of the Petition and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating a LTFV investigation to determine
whether imports of temporary steel fencing are, or are likely to be,
sold in the United States at LTFV. In accordance with section
733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we
will make our preliminary determination no later than 140 days after
the date of this initiation.
Respondent Selection
In the Petition, the petitioner identified over 150 companies in
China as producers and/or exporters of temporary steel fencing.\34\ Our
standard practice for respondent selection in AD investigations
involving NME countries is to select respondents based on quantity and
value (Q&V) questionnaires in cases where Commerce has determined that
the number of companies is large, and it cannot individually examine
each company based upon its resources. Therefore, considering the
number of producers and/or exporters identified in the Petition,
Commerce will solicit Q&V information that can serve as a basis for
selecting exporters for individual examination in the event that
Commerce determines that the number is large and decides to limit the
number of respondents individually examined pursuant to section
777A(c)(2) of the Act. Because there are over 150 Chinese producers
and/or exporters identified in the Petition, Commerce has determined
that it will issue Q&V questionnaires to the largest producers and/or
exporters in China that are identified in the U.S. Customs and Border
Protection POI entry data for which there is complete address
information on the record.\35\
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\34\ See Petition at Volume I (pages I-11 and I-23 and Exhibit
I-8); see also First General Issues Supplement at I-Supp-1 and
Exhibit I-8-Supp; and Second General Issues Supplement at 1-2.
\35\ See Memorandum, ``Release of U.S. Customs and Border
Protection Entry Data,'' dated January 30, 2025.
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Commerce will post the Q&V questionnaires along with filing
instructions on Commerce's website at <a href="https://www.trade.gov/ec-adcvd-case-announcements">https://www.trade.gov/ec-adcvd-case-announcements</a>. Producers/exporters of temporary steel fencing from
China that do not receive Q&V questionnaires may still submit a
response to the Q&V questionnaire and can obtain a copy of the Q&V
questionnaire from Commerce's website. Responses to the Q&V
questionnaire must be submitted by the relevant Chinese producers/
exporters no later than 5:00 p.m. ET on February 18, 2025, which is two
weeks from the signature date of this notice. All Q&V questionnaire
responses must be filed electronically via ACCESS. An electronically
filed document must be received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on the deadline noted above.
Interested parties must submit applications for disclosure under
administrative protective order (APO) in accordance with 19 CFR
351.305(b). As stated above, instructions for filing such applications
may be found on Commerce's website at <a href="https://www.trade.gov/administrative-protective-orders">https://www.trade.gov/administrative-protective-orders</a>.
Separate Rates
In order to obtain separate rate status in an NME investigation,
exporters and producers must submit a separate rate application. The
specific requirements for submitting a separate rate application in an
NME investigation are outlined in detail in the application itself,
which is available on Commerce's website at <a href="https://access.trade.gov/Resources/nme/nme-sep-rate.html">https://access.trade.gov/Resources/nme/nme-sep-rate.html</a>. Note that Commerce recently
promulgated new regulations pertaining to separate rates, including the
separate rate application deadline and eligibility for separate rate
status, in 19 CFR 351.108.\36\ Pursuant to 19 CFR 351.108(d)(1), the
separate rate application will be due 21 days after publication of this
initiation notice.\37\ Exporters and producers must file a timely
separate rate application if they want to be considered for individual
examination. In addition, pursuant to 19 CFR 351.108(e), exporters and
producers who submit a separate rate application and have been selected
as mandatory respondents will be eligible for consideration for
separate rate status only if they fully respond to all parts of
Commerce's AD questionnaire and participate in the LTFV proceeding as
mandatory respondents.\38\ Commerce requires that companies from China
submit a response both to the Q&V questionnaire and to the separate
rate application by the respective deadlines to receive consideration
for separate rate status. Companies not filing a timely Q&V
questionnaire response will not receive separate rate consideration.
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\36\ See Regulations Enhancing the Administration of the
Antidumping and Countervailing Duty Trade Remedy Laws, 89 FR 101694,
101759-60 (December 16, 2024).
\37\ See 19 CFR 351.108(d)(1).
\38\ See 19 CFR 351.108(e).
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Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are
[[Page 9319]]
eligible for a separate rate in an NME investigation. The Separate
Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that {Commerce{time} will now
assign in its NME investigation will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the {weighted
average{time} of the individually calculated rates. This practice
is referred to as the application of ``combination rates'' because
such rates apply to specific combinations of exporters and one or
more producers. The cash-deposit rate assigned to an exporter will
apply only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.\39\
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\39\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigation involving NME Countries,'' (April
5, 2005), at 6 (emphasis added), available on Commerce's website at
<a href="https://access.trade.gov/Resources/policy/bull05-1.pdf">https://access.trade.gov/Resources/policy/bull05-1.pdf</a>.
Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petition have been
provided to the Government of China via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the Petition to each exporter named in the Petition, as provided under
19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our initiation, as required by
section 732(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of temporary steel fencing from China are
materially injuring, or threatening material injury to, a U.S.
industry.\40\ A negative ITC determination will result in the
investigation being terminated.\41\ Otherwise, this LTFV investigation
will proceed according to statutory and regulatory time limits.
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\40\ See section 733(a) of the Act.
\41\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \42\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\43\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in this investigation.
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\42\ See 19 CFR 351.301(b).
\43\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\44\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce may elect to specify a different time limit by
which extension requests will be considered untimely for submissions
which are due from multiple parties simultaneously. In such a case, we
will inform parties in a letter or memorandum of the deadline
(including a specified time) by which extension requests must be filed
to be considered timely. An extension request must be made in a
separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in this investigation.\45\
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\44\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
\45\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\46\
Parties must use the certification formats provided in 19 CFR
351.303(g).\47\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\46\ See section 782(b) of the Act.
\47\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional
information regarding the Final Rule is available at <a href="https://access.trade.gov/Resources/filing/index.html">https://access.trade.gov/Resources/filing/index.html</a>.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in this investigation should ensure that they meet the requirements of
19 CFR 351.103(d) (e.g., by filing the required letter of appearance).
Note that Commerce has amended certain of its requirements pertaining
to the service of documents in 19 CFR 351.303(f).\48\
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\48\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: February 4, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the Investigation
The merchandise subject to this investigation is temporary steel
fencing. Temporary steel fencing consists of temporary steel fence
panels and temporary steel fence stands. Temporary steel fence
panels, when assembled with temporary steel fence stands or other
types of stands outside of the scope, with each other, or with
posts, create a free-standing fence. Temporary steel fence panels
are covered by the scope regardless of whether they attach to a
stand or the type of stand to which they connect.
Temporary steel fence panels have a welded frame of steel tubing
and an interior
[[Page 9320]]
consisting of chain link, steel wire mesh, or other steel materials
that are not more than 10 millimeters in actual diameter or width.
The steel tubing may surround all edges of the temporary steel fence
panel or only be attached along two parallel sides of the panel. All
temporary steel fence panels with at least two framed sides are
covered by the scope, regardless of the number of edges framed with
steel tubing.
Temporary steel fence panels are typically between 10 and 12
feet long and six to eight feet high, though all temporary steel
fence panels are covered by the scope regardless of dimension or
weight as long as a single panel is over six square feet in actual
surface area and weighs more than four pounds. Temporary steel fence
panels may be square, rectangular, or have rounded edges, and may or
may not have gates, doors, wheels, or barbed wire or other features,
though all temporary steel fence panels are covered by the scope
regardless of shape and other features. Temporary steel fence panels
may have one or more horizontal, vertical, or diagonal reinforcement
tubes made of steel welded to the inside frame, though all temporary
steel fence panels are covered by the scope regardless of the
existence, number, or type of reinforcement tubes attached to the
panel. Temporary steel fence panels may have extensions, pins,
tubes, or holes at the bottom of the panel, but all temporary steel
fence panels are covered regardless of the existence of such
features.
Steel fence stands are shapes made of steel that stand flat on
the ground and have one or two open tubes or solid pins into which
temporary steel fence panels are inserted to stand erect. The steel
fence stand may be made of welded steel tubing or may be a flat
steel plate with one or two tubes or pins welded onto the plate for
connecting the panels.
Temporary steel fencing is covered by the scope regardless of
coating, painting, or other finish. Both temporary steel fence
panels and temporary steel fence stands are covered by the scope,
whether imported assembled or unassembled, and whether imported
together or separately.
Subject merchandise includes material matching the above
description that has been finished, assembled, or packaged in a
third country, including by coating, painting, assembling, attaching
to, or packaging with another product, or any other finishing,
assembly, or packaging operation that would not otherwise remove the
merchandise from the scope of the investigation if performed in the
country of manufacture of the temporary steel fencing.
Temporary steel fencing is included in the scope of this
investigation whether or not imported attached to, or in conjunction
with, other parts and accessories such as posts, hooks, rings,
brackets, couplers, clips, connectors, handles, brackets, or
latches. If temporary steel fencing is imported attached to, or in
conjunction with, such non-subject merchandise, only the temporary
steel fencing is included in the scope.
Merchandise covered by this investigation is currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under the subheading 7308.90.9590. Subject merchandise may
also enter under subheadings 7326.90.8688 and 7323.99.9080 of the
HTSUS. The HTSUS subheadings set forth above are provided for
convenience and U.S. Customs purposes only. The written description
of the scope is dispositive.
[FR Doc. 2025-02442 Filed 2-10-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 11, 2025.
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