Mexico, China and Thailand Rail Tie Wire: New AD Investigations Deadlines & Scope
The Commerce Department issued a Federal Register notice on its recently initiated antidumping investigations on prestressed concrete steel rail tie wire from Mexico, China, and Thailand (A-201-843, A-570-990, A-549-829). The agency will determine whether imports of the subject merchandise are being, or are likely to be, sold in the U.S. at less than fair value. A Commerce Department fact sheet said domestic petitioners alleged AD rates of 67.43 percent for Chinese exporters, 159.44 percent for Mexican exporters, and 53.72 percent for Thai companies (see 13051430).
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The period of investigation for China is Oct. 1, 2012, through March 31, 2013. The period of investigation for Mexico and Thailand is April 1, 2012, through March 31, 2013.
Respondent Selection
Commerce said the petition named one company as a producer of rail tie wire from Mexico (Camesa); one company as a producer from Thailand (Siam Industrial Wire); and three companies as producers from China (Silvery Dragon, Wuxi Jinyang, and Shanxi New-Mile). The agency said it knows of no other producers of subject merchandise, but will consider comments on the issue from interested parties.
Separate Rate Applications for China
For AD investigations involving non-market economy (NME) countries such as China, Commerce requires that respondents submit a response to both the Q&V questionnaire and the separate rate application by the respective deadlines in order to receive consideration for separate rate status. The agency will calculate combination rates for certain respondents that are eligible for a separate rate in this investigation.
Separate-rate status applications are due by about July 19. The separate rate application for China is available here.
Scope of the AD Investigation
"The product covered by these investigations is high carbon steel wire; stress relieved or low relaxation; indented or otherwise deformed; meeting at a minimum the American Society for Testing Materials (ASTM) A881/A881M specification; regardless of shape, size, or other alloy element levels; suitable for use as prestressed tendons in concrete railroad ties (“PC tie wire”). High carbon steel is defined as steel that contains 0.6 percent or more of carbon by weight.
"PC tie wire is classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheading 7217.10.8045, but may also be classified under subheadings 7217.10.7000, 7217.10.8025, 7217.10.8030, 7217.10.9000, 7229.90.1000, 7229.90.5016, 7229.90.5031, 7229.90.5051, and 7229.90.9000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the investigations is dispositive."
Comments on Scope Due by June 3
Commerce said that it discussed the scope with petitioners to ensure that it is an accurate reflection of the products for which the domestic industry is seeking relief. Comments on the scope are due by June 3...
Investigations Timetable
| Event | Date |
|---|---|
| Petitions filed | 04/23/13 |
| DOC initiation date | 05/13/13 |
| ITC prelim determination1 | 06/07/13 |
| DOC prelim determination2 | 09/30/13 |
| DOC final determination2 | 12/16/13 |
| ITC final determination3 | 01/28/14 |
| Issuance of orders4 | 02/04/14 |
1If the ITC makes a negative determination of injury, the investigations are terminated.
2These deadlines may be extended under the governing statute.
3This will take place only in the event of Commerce Department final affirmative determinations.
4This will take place only in the event of Commerce and ITC final affirmative determinations.
(See 13042521 for summary of the Commerce Department's receipt of the petition underlying the initiation of this investigation.)
Commerce Department fact sheet available (here).