Galvanized Steel Wire From the People's Republic of China: Amended Preliminary Determination of Sales at Less Than Fair Value

AGENCY:

Import Administration, International Trade Administration, Department of Commerce.

DATES:

Effective Date: November 29, 2011.

SUMMARY:

On November 4, 2011, the Department of Commerce (“Department”) published the preliminary determination of sales at less than fair value in the antidumping investigation of galvanized steel wire from the People's Republic of China (“PRC”). We are amending our Preliminary Determination to correct certain ministerial errors with respect to the antidumping duty margin calculation for the Baozhang entity. The corrections to the Baozhang entity's margin also affect the margin assigned to companies receiving a separate rate.

FOR FURTHER INFORMATION CONTACT:

Katie Marksberry, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-7906.

SUPPLEMENTARY INFORMATION:

On November 4, 2011, Petitioners filed a timely allegation of a ministerial error contained in the Department's Preliminary Determination.

After reviewing the allegation, we have determined that the Preliminary Determination included a significant ministerial error. Therefore, in accordance with 19 CFR 351.224(e), we have made a change, as described below, to the Preliminary Determination.

Period of Investigation

The period of investigation (“POI”) is July 1, 2010, through December 31, 2010. This period corresponds to the two most recent fiscal quarters prior to the month of the filing of the petition (March 31, 2011).

Scope of Investigation

The scope of this investigation covers galvanized steel wire which is a cold-drawn carbon quality steel product in coils, of solid, circular cross section with an actual diameter of 0.5842 mm (0.0230 inch) or more, plated or coated with zinc (whether by hot-dipping or electroplating).

Steel products to be included in the scope of this investigation, regardless of Harmonized Tariff Schedule of the United States (“HTSUS”) definitions, are products in which: (1) Iron predominates, by weight, over each of the other contained elements; (2) the carbon content is two percent or less, by weight; and (3) none of the elements listed below exceeds the quantity, by weight, respectively indicated:

—1.80 percent of manganese, or

—1.50 percent of silicon, or

—1.00 percent of copper, or

—0.50 percent of aluminum, or

—1.25 percent of chromium, or

—0.30 percent of cobalt, or

—0.40 percent of lead, or

—1.25 percent of nickel, or

—0.30 percent of tungsten, or

—0.02 percent of boron, or

—0.10 percent of molybdenum, or

—0.10 percent of niobium, or

—0.41 percent of titanium, or

—0.15 percent of vanadium, or

—0.15 percent of zirconium.

Specifically excluded from the scope of this investigation is galvanized steel wire in coils of 15 feet or less which is pre-packed in individual retail packages. The products subject to this investigation are currently classified in subheadings 7217.20.30 and 7217.20.45 of the HTSUS which cover galvanized wire of all diameters and all carbon content. Galvanized wire is reported under statistical reporting numbers 7217.20.3000, 7217.20.4510, 7217.20.4520, 7217.20.4530, 7217.20.4540, 7217.20.4550, 7217.20.4560, 7217.20.4570, and 7217.20.4580. These products may also enter under HTSUS subheadings 7229.20.0015, 7229.20.0090, 7229.90.5008, 7229.90.5016, 7229.90.5031, and 7229.90.5051. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive.

Significant Ministerial Error

Ministerial errors are defined in 19 CFR 351.224(f) as “an error in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial.” 19 CFR 351.224(e) provides that the Department “will analyze any comments received and, if appropriate, correct any significant ministerial error by amending the preliminary determination.” A significant ministerial error is defined as a ministerial error, the correction of which, singly or in combination with other errors, would result in: (1) A change of at least five absolute percentage points in, but not less than 25 percent of, the weighted-average dumping margin calculated in the original (erroneous) preliminary determination; or (2) a difference between a weighted-average dumping margin of zero or de minimis and a weighted-average dumping margin of greater than de minimis or vice versa.

Ministerial Error Allegation

Truck Freight for Baozhang

Petitioners argue that the Department incorrectly applied the surrogate value for truck freight on a per-kilogram basis, rather than on a per-metric ton basis, because the Baozhang entity reported its factors of production (“FOPs”) on a per-metric ton basis and the Department calculated the Baozhang entity's margin on a per-metric ton basis. Petitioners request that the Department correct this error by converting the surrogate value for truck freight to a per-metric ton basis. Further, Petitioners contend that correcting this error would result in a significantly higher weight-averaged dumping margin for the Baozhang entity.

We agree that the Department did not apply the correct unit of measure to the truck freight surrogate value. Moreover, we determine that this error is a “significant ministerial error” as defined in 19 CFR 351.224(g)(1). Accordingly, we have corrected the error. As a result of correcting the above error in the Baozhang entity's margin, the margin for the companies granted separate-rate status must also be revised because the margin for those companies was partially derived from the Baozhang entity's margin. The rate for the PRC-wide entity does not change.

Amended Preliminary Determination

As a result of the correction of the ministerial error, the weighted-average dumping margins for the Baozhang entity and the separate rate companies are as follows:

The collection of bonds or cash deposits and suspension of liquidation instructions will be revised accordingly and parties will be notified of this determination, in accordance with section 733(d) and (f) of the Tariff Act of 1930, as amended (“Act”).

International Trade Commission Notification

In accordance with section 733(f) of the Act, we have notified the International Trade Commission (“ITC”) of our amended preliminary determination. If our final determination is affirmative, 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 galvanized steel wire, or sales (or the likelihood of sales) for importation, of the merchandise under investigation, within 45 days of our final determination.

This determination is issued and published in accordance with sections 733(f), and 777(i) of the Act and 19 CFR 351.224(e). The PRC-wide rate is unchanged from the Preliminary Determination.