Fabricated Structural Steel: Prelim CV Cash Deposit Rates Take Effect for Mexico and China, Not Canada

The merchandise subject to these investigations is also the subject of antidumping duty investigations on fabricated structural steel from Mexico, China and Canada. Commerce's preliminary AD duty determinations are due Sept. 3 (see 1906280019).

Commerce calculated a de minimis CV duty rate for Building Systems de Mexico in its preliminary determination for that country. If Commerce continues to set a zero rate for Building Systems (or any other exporter) in its final determination, that company will be exempt from any CV duty order issued in connection with this investigation.

New Scope Exemptions for Scaffolding, Raised Access Flooring Systems and Monopoles

Commerce is modifying the scope of the AD/CV duty investigations on fabricated structural steel to create new exemptions for scaffolding and raised access flooring systems. The new scope language for the scaffolding exemption is as follows:

“Also excluded from the scope of these investigations is scaffolding that complies with ANSI/ASSE A10.8 - 2011- Scaffolding Safety Requirements, and/or Occupational Safety and Health Administration regulations at 29 C.F.R. Part 1926 subpart L - Scaffolds. The outside diameter of the scaffold tubing covered by this exclusion ranges from 25mm to 80mm.”

The amended scope language exempting raised flooring systems is as follows:

“Excluded from the scope of this 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.”

Also, in response to concerns that the scope could be read to cover goods already subject to AD/CV duties on utility scale wind towers, Commerce is adding the following paragraph to the scope:

“All products that meet the written physical description of the merchandise covered by the investigations are within the scope of these investigations unless specifically excluded or covered by the scope of an existing order.”

Finally, Commerce is creating a new exemption for steel monopoles for electricity transmission and distribution and steel lighting poles. The agency is adding several paragraphs to the scope of the AD/CV duty investigations to implement the new exemption, as follows:

“Excluded from the investigations 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 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 encomSypasses 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 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 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 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 polygonal tapered steel poles also encompasses 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.”

CV Suspension of Liquidation and Cash Deposit Requirements

Commerce will instruct CBP to suspend liquidation for all entries of subject merchandise from Mexico and China that are entered, or withdrawn from warehouse, for consumption on or after July 12. It will require CV duty cash deposits at the following rates:

Mexico

China

(The period of investigation is 01/01/18 - 12/31/18. See Commerce's notice for more information, including the scope, suspension of liquidation, etc. See 1903010016 for a summary of the initiation of this CV duty investigation, and 1902040035 for summary of the underlying petition.)

(Federal Register 07/12/19)