Prestressed Concrete Steel Wire Strand From Argentina, Colombia, Egypt, Indonesia, Italy, Malaysia, the Netherlands, Saudi Arabia, South Africa, Spain, Taiwan, Tunisia, the Republic of Turkey, Ukraine, and the United Arab Emirates: Initiation of Less-Than-Fair-Value Investigations, 28605-28610 [2020-10233]
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Federal Register / Vol. 85, No. 93 / Wednesday, May 13, 2020 / Notices
[FR Doc. 2020–10205 Filed 5–12–20; 8:45 am]
BILLING CODE 3410–30–P
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
[Docket No. RUS–20–ELECTRIC–0020]
Notice of Request for Revision of a
Currently Approved Information
Collection
Rural Utilities Service, USDA.
Notice; comment requested.
AGENCY:
ACTION:
In accordance with the
Paperwork Reduction Act of 1995, this
notice announces the intention of the
above-named agency to request Office of
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approval for a revision of a currently
approved information collection in
support of RUS Electric Engineering
Architectural Services, and Design
Policies and Procedures.
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received by July 13, 2020.
FOR FURTHER INFORMATION CONTACT:
Arlette Mussington, Rural Development
Innovation Center—Regulations
Management Division, USDA, 1400
Independence Avenue SW, Room 4227,
South Building, Washington, DC 20250–
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arlette.mussington@usda.gov.
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jbell on DSKJLSW7X2PROD with NOTICES
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[FR Doc. 2020–10213 Filed 5–12–20; 8:45 am]
BILLING CODE 3410–XV–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–357–822, A–301–804, A–729–804. A–560–
837, A–475–843, A–557–819, A–421–814, A–
517–806, A–791–826, A–469–821, A–583–
868, A–723–001, A–489–842, A–823–817, A–
520–809]
Prestressed Concrete Steel Wire
Strand From Argentina, Colombia,
Egypt, Indonesia, Italy, Malaysia, the
Netherlands, Saudi Arabia, South
Africa, Spain, Taiwan, Tunisia, the
Republic of Turkey, Ukraine, and the
United Arab Emirates: Initiation of
Less-Than-Fair-Value Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
DATES:
Applicable May 6, 2020.
Alex
Villanueva; AD/CVD Operations, Office
I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3208.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
The Petitions
On April 16, 2020, the Department of
Commerce (Commerce) received
antidumping duty (AD) petitions
concerning imports of prestressed
concrete steel wire strand (PC strand)
from Argentina, Colombia, Egypt,
Indonesia, Italy, Malaysia, the
Netherlands, Saudi Arabia, South
Africa, Spain, Taiwan, Tunisia, the
Republic of Turkey (Turkey), Ukraine,
and the United Arab Emirates (UAE)
filed in proper form on behalf the
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jbell on DSKJLSW7X2PROD with NOTICES
petitioners,1 domestic producers of PC
strand.2 The Petitions were
accompanied by a countervailing duty
(CVD) petition concerning imports of PC
strand from Turkey.3
Between April 21 and 23, 2020,
Commerce requested supplemental
information pertaining to certain aspects
of the Petitions in separate
supplemental questionnaires.4 The
petitioners filed responses to the
supplemental questionnaires on April
27, 2020.5
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioners allege that imports
of PC strand from Argentina, Colombia,
Egypt, Indonesia, Italy, Malaysia, the
Netherlands, Saudi Arabia, South
Africa, Spain, Taiwan, Tunisia, Turkey,
Ukraine, and the UAE 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 PC strand
industry in the United States. Consistent
with section 732(b)(1) of the Act, the
Petitions are accompanied by
information reasonably available to the
petitioners supporting their allegations.
Commerce finds that the petitioners
filed the Petitions on behalf of the
1 Insteel Wire Products, Sumiden Wire Products
Corporation, and Wire Mesh Corp. (collectively, the
petitioners).
2 See Petitioners’ Letter, ‘‘Prestressed Concrete
Steel Wire Strand from Argentina, Colombia, Egypt,
Indonesia, Italy, Malaysia, the Netherlands, Saudi
Arabia, South Africa, Spain, Taiwan, Tunisia,
Turkey, Ukraine, and the United Arab Emirates—
Petition for the Imposition of Antidumping and
Countervailing Duties,’’ dated April 16, 2020 (the
Petitions).
3 Id.
4 See Commerce’s Letters, ‘‘Petition for the
Imposition of Antidumping Duties on Imports of
Prestressed Concrete Steel Wire Strand from
Argentina, Colombia, Egypt, Indonesia, Italy,
Malaysia, the Netherlands, Saudi Arabia, South
Africa, Spain, Taiwan, Tunisia, Turkey, Ukraine,
and the United Arab Emirates: Supplemental
Questions,’’ dated April 21, 2020 (General Issues
Supplemental); and Country-Specific Supplemental
Questionnaires: Argentina Supplemental, Colombia
Supplemental, Egypt Supplemental, Indonesia
Supplemental, Italy Supplemental, Malaysia
Supplemental, the Netherlands Supplemental,
Saudi Arabia Supplemental, South Africa
Supplemental, Spain Supplemental, Taiwan
Supplemental, Tunisia Supplemental, Turkey
Supplemental, and the United Arab Emirates
Supplemental, dated April 21, 2020, April 22, 2020,
or April 23, 2020. Commerce did not request
additional information with respect to Ukraine.
5 See Petitioners’ Country-Specific Supplemental
Responses, dated April 27, 2020; see also
Petitioners’ Letter, ‘‘Prestressed Concrete Steel Wire
Strand from Argentina, Colombia, Egypt, Indonesia,
Italy, Malaysia, the Netherlands, Saudi Arabia,
South Africa, Spain, Taiwan, Tunisia, Turkey,
Ukraine, and the United Arab Emirates—
Petitioners’ Amendment to Volume I Concerning
General Issues,’’ dated April 27, 2020 (General
Issues Supplement).
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19:53 May 12, 2020
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domestic industry, because the
petitioners are interested parties, as
defined in section 771(9)(C) of the Act.
Commerce also finds that the petitioners
demonstrated sufficient industry
support for the initiation of the
requested AD investigations.6
Periods of Investigation
Because the Petitions were filed on
April 16, 2020, the period of
investigation (POI) for these AD
investigations is April 1, 2019 through
March 31, 2020, pursuant to 19 CFR
351.204(b)(1).7
Scope of the Investigations
The products covered by these
investigations are PC strand from
Argentina, Colombia, Egypt, Indonesia,
Italy, Malaysia, the Netherlands, Saudi
Arabia, South Africa, Spain, Taiwan,
Tunisia, Turkey, Ukraine, and the UAE.
For a full description of the scope of
these investigations, see the appendix to
this notice.
Comments on the Scope of the
Investigations
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 comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determinations. 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 all interested
parties submit such comments by 5:00
p.m. Eastern Time (ET) on May 26,
2020, which is 20 calendar days from
the signature date of this notice. Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on June 5, 2020, which is
ten calendar days from the initial
comment deadline.
Commerce requests that any factual
information parties consider relevant to
the scope of the investigations be
submitted during this period. However,
if a party subsequently finds that
additional factual information
pertaining to the scope of the
investigations may be relevant, the party
6 See infra, section on ‘‘Determination of Industry
Support for the Petitions.’’
7 See 19 CFR 351.204(b)(1).
8 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
9 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
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may contact Commerce and request
permission to submit the additional
information. All such submissions must
be filed on the records of the concurrent
AD 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.10 An
electronically filed document must be
received successfully in its entirety by
the time and date it is due.
Comments on Product Characteristics
Commerce is providing interested
parties an opportunity to comment on
the appropriate physical characteristics
of PC strand 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 costs of production
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.
Specifically, they may provide
comments as to which characteristics
are appropriate to use as: (1) General
product characteristics, and (2) product
comparison criteria. We note that it is
not always appropriate to use all
product characteristics as product
comparison criteria. We base product
comparison criteria on meaningful
commercial differences among products.
In other words, although there may be
some physical product characteristics
utilized by manufacturers to describe PC
strand, it may be that only a select few
product characteristics take into account
commercially meaningful physical
characteristics. In addition, interested
parties may comment on the order in
which the physical characteristics
should be used in matching products.
Generally, Commerce attempts to list
the most important physical
characteristics first and the least
important characteristics last.
10 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 help using
ACCESS can be found at https://access.trade.gov/
help.aspx and a handbook can be found at https://
access.trade.gov/help/Handbook_on_Electronic_
Filing_Procedures.pdf.
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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 May 26,
2020, 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 June 5, 2020. All comments
and submissions to Commerce must be
filed electronically using ACCESS, as
explained above, on the record of each
of the AD investigations.
jbell on DSKJLSW7X2PROD with NOTICES
Determination of Industry Support for
the Petitions
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
requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The 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 must apply the same statutory
definition regarding the domestic like
product,11 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
11 See
section 771(10) of the Act.
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19:53 May 12, 2020
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differences do not render the decision of
either agency contrary to law.12
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 petitioners do not offer a
definition of the domestic like product
distinct from the scope of the
investigations.13 Based on our analysis
of the information submitted on the
record, we have determined that PC
strand, as defined in the scope,
constitutes a single domestic like
product, and we have analyzed industry
support in terms of that domestic like
product.14
In determining whether the
petitioners have standing under section
732(c)(4)(A) of the Act, we considered
the industry support data contained in
the Petitions with reference to the
domestic like product as defined in the
‘‘Scope of the Investigations,’’ in the
appendix to this notice. To establish
industry support, the petitioners
provided their 2019 production of the
domestic like product, as well as the
2019 production of Strand-Tech
Manufacturing, Inc., a supporter of the
Petitions.15 The petitioners compared
the production of the supporters of the
Petitions to the estimated total
production of the domestic like product
for the entire domestic industry.16 We
relied on data provided by the
12 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 865 F.2d 240 (Fed. Cir. 1989)).
13 See Volume I of the Petitions at 19–20 and
Exhibits GEN–4 and GEN–5; see also General Issues
Supplement at 4.
14 For a discussion of the domestic like product
analysis as applied to these cases and information
regarding industry support, see country-specific AD
Initiation Checklists at Attachment II, Analysis of
Industry Support for the Antidumping and
Countervailing Duty Petitions Covering Prestressed
Concrete Steel Wire Strand from Argentina,
Colombia, Egypt, Indonesia, Italy, Malaysia, the
Netherlands, Saudi Arabia, South Africa, Spain,
Taiwan, Tunisia, Turkey, Ukraine, and the United
Arab Emirates (Attachment II). These checklists are
dated concurrently with this notice and on file
electronically via ACCESS.
15 See Volume I of the Petitions at 4 and Exhibits
GEN–2 and GEN–3; see also General Issues
Supplement at 4 and Exhibit GEN–SUPP–3.
16 See Volume I of the Petitions at 4 and Exhibits
GEN–1 through GEN–3; see also General Issues
Supplement at 3–4 and Exhibits GEN–SUPP–2 and
GEN–SUPP–3.
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28607
petitioners for purposes of measuring
industry support.17
Our review of the data provided in the
Petitions, the General Issues
Supplement, and other information
readily available to Commerce indicates
that the petitioners have established
industry support for the Petitions.18
First, the Petitions 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 Petitions
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 Petitions
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 Petitions.21 Accordingly, Commerce
determines that the Petitions were filed
on behalf of the domestic industry
within the meaning of section 732(b)(1)
of the Act.22
Allegations and Evidence of Material
Injury and Causation
The petitioners allege 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,
with regard to Colombia, Indonesia,
Italy, Malaysia, South Africa, Spain,
Tunisia, and Turkey, the petitioners
allege that subject imports exceed the
negligibility threshold provided for
17 See Volume I of the Petitions at 4 and Exhibits
GEN–1 through GEN–3; see also General Issues
Supplement at 3–4 and Exhibits GEN–SUPP–2 and
GEN–SUPP–3. For further discussion, see
Attachment II of the country-specific AD Initiation
Checklists.
18 See Volume I of the Petitions at 4 and Exhibits
GEN–1 through GEN–3; see also General Issues
Supplement at 3–4 and Exhibits GEN–SUPP–2 and
GEN–SUPP–3. For further discussion, see
Attachment II of the country-specific AD Initiation
Checklists.
19 See Attachment II of the country-specific AD
Initiation Checklists; see also section 732(c)(4)(D) of
the Act.
20 See Attachment II of the country-specific AD
Initiation Checklists.
21 Id.
22 Id.
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under section 771(24)(A) of the Act.23
With regard to Argentina, Egypt, the
Netherlands, Saudi Arabia, Taiwan,
Ukraine, and the UAE, while the
allegedly dumped imports from each of
these countries do not individually
exceed the statutory requirements for
negligibility, the petitioners provide
data demonstrating that the aggregate
import share from these seven countries
is 8.4 percent, which exceeds the seven
percent threshold established by the
exception in section 771(24)(A)(ii) of the
Act.24 Therefore, the subject imports
from these countries are not negligible
for purposes of the material injury
analysis in these Petitions.25
The petitioners contend that the
industry’s injured condition is
illustrated by a significant and
increasing volume of subject imports;
declining market share; underselling
and price suppression; lost sales and
revenues; declines in production,
shipments, capacity utilization, and
employment; and declining financial
performance.26 We assessed the
allegations and supporting evidence
regarding material injury, threat of
material injury, causation, as well as
negligibility, and we have determined
that these allegations are properly
supported by adequate evidence, and
meet the statutory requirements for
initiation.27
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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
AD investigations of imports of PC
strand from Argentina, Colombia, Egypt,
Indonesia, Italy, Malaysia, the
Netherlands, Saudi Arabia, South
Africa, Spain, Taiwan, Tunisia, Turkey,
Ukraine, and the UAE. The sources of
data for the deductions and adjustments
relating to U.S. price and normal value
23 See Volume I of the Petitions at 21–22 and
Exhibit GEN–11.
24 Section 771(24)(A)(ii) of the Act states
‘‘[i]mports that would otherwise be negligible under
clause (i) shall not be negligible if the aggregate
volume of imports of the merchandise from all
countries described in clause (i) with respect to
which investigations were initiated on the same day
exceeds 7 percent of the volume of all such
merchandise imported in to the United States
during the applicable 12-month period.’’
25 See Volume I of the Petitions at 21–22 and
Exhibit GEN–11.
26 See Volume I of the Petitions at 25–39 and
Exhibits GEN–9 and GEN–12 through GEN–16.
27 See country-specific AD Initiation Checklists at
Attachment III, Analysis of Allegations and
Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions
Covering Prestressed Concrete Steel Wire Strand
from Argentina, Colombia, Egypt, Indonesia, Italy,
Malaysia, the Netherlands, Saudi Arabia, South
Africa, Spain, Taiwan, Tunisia, Turkey, Ukraine,
and the United Arab Emirates (Attachment III).
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19:53 May 12, 2020
Jkt 250001
(NV) are discussed in greater detail in
the country-specific AD Initiation
Checklists.
U.S. Price
For Argentina and Taiwan, the
petitioners based export price (EP) on
the average unit value of publicly
available import data. For Colombia,
Egypt, Indonesia, Italy, Malaysia, the
Netherlands, Saudi Arabia, South
Africa, Spain, Tunisia, Turkey, Ukraine,
and the UAE, the petitioners based EP
or constructed export price (CEP), as
applicable, on pricing information for
sales of, or sales offers for, PC strand
produced in and exported from each
country. The petitioners made certain
adjustments to U.S. price to calculate a
net ex-factory U.S. price.28
Normal Value 29
For all countries, the petitioners based
NV on a home market price quote
obtained through market research for PC
strand produced in and sold, or offered
for sale, in each country within the
applicable time period.30 For Ukraine,
the petitioners provided information
indicating that the price quote was
below the COP and, therefore, the
petitioners also calculated NV based on
constructed value (CV).
For further discussion of CV, see the
section ‘‘Normal Value Based on
Constructed Value.’’
Normal Value Based on Constructed
Value
As noted above, the petitioners
provided information indicating that the
price charged for PC strand produced in
and sold, or offered for sale, in Ukraine
was below the COP. Accordingly, the
petitioners also based NV on CV.31
Pursuant to section 773(e) of the Act,
the petitioners calculated CV as the sum
of the cost of manufacturing, selling,
general, and administrative expenses,
financial expenses, and profit.32
Fair Value Comparisons
Based on the data provided by the
petitioners, there is reason to believe
that imports of PC strand from
28 See
country-specific AD Initiation Checklists.
accordance with section 505(a) of the Trade
Preferences Extension Act of 2015 (TPEA),
amending section 773(b)(2) of the Act, for these
investigations, Commerce will request information
necessary to calculate the constructed value and
cost of production (COP) to determine whether
there are reasonable grounds to believe or suspect
that sales of the foreign like product have been
made at prices that represent less than the COP of
the product. Commerce no longer requires a COP
allegation to conduct this analysis.
30 See country-specific AD Initiation Checklists.
31 See country-specific AD Initiation Checklists
for details of calculations.
32 See Ukraine AD Initiation Checklist.
29 In
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Argentina, Colombia, Egypt, Indonesia,
Italy, Malaysia, the Netherlands, Saudi
Arabia, South Africa, Spain, Taiwan,
Tunisia, Turkey, Ukraine, and the UAE
are being, or are likely to be, sold in the
United States at LTFV. Based on
comparisons of EP or CEP, as
applicable, to NV in accordance with
sections 772 and 773 of the Act, the
estimated dumping margins for PC
strand for each of the countries covered
by this initiation are as follows: (1)
Argentina—60.40 percent; (2)
Colombia—86.09 percent; (3) Egypt—
29.72 percent; (4) Indonesia—72.28
percent; (5) Italy—30.61 percent; (6)
Malaysia—39.57 percent; (7) the
Netherlands—30.86 percent; (8) Saudi
Arabia—194.40 percent; (9) South
Africa—155.10 percent; (10) Spain—
38.57 percent; (11) Taiwan—23.89
percent; (12) Tunisia—53.11 percent;
(13) Turkey—53.65 percent; (14)
Ukraine—17.70 and 53.83 percent; and
(15) the UAE—170.65 percent.33
Initiation of LTFV Investigations
Based upon the examination of the
Petitions and supplemental responses,
we find that they meet the requirements
of section 732 of the Act. Therefore, we
are initiating AD investigations to
determine whether imports of PC strand
from Argentina, Colombia, Egypt,
Indonesia, Italy, Malaysia, the
Netherlands, Saudi Arabia, South
Africa, Spain, Taiwan, Tunisia, Turkey,
Ukraine, and the UAE are being, 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 determinations no
later than 140 days after the date of this
initiation.
Respondent Selection
In the Petitions, the petitioners named
one company in Argentina, two
companies in Colombia, three
companies in Egypt, four companies in
Indonesia, seven companies in Italy,
three companies in Malaysia, one
company in the Netherlands, two
companies in Saudi Arabia, one
company in South Africa, two
companies in Spain, five companies in
Taiwan, one company in Tunisia, three
companies in Turkey, one company in
Ukraine, and two companies in the
UAE 34 as producers/exporters of PC
strand.
Following standard practice in AD
investigations involving market
33 See country-specific Initiation Checklists for
details of calculations.
34 See Volume I of the Petitions at Exhibit GEN–
8.
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economy countries, in the event
Commerce determines that the number
of exporters or producers in any
individual case is large such that
Commerce cannot individually examine
each company based upon its resources,
where appropriate, Commerce intends
to select mandatory respondents in that
case based on U.S. Customs and Border
Protection (CBP) data for U.S. imports
under the appropriate Harmonized
Tariff Schedule of the United States
numbers listed in the ‘‘Scope of the
Investigations,’’ in the appendix.
On May 4, 2020, Commerce released
CBP data on imports of PC strand from
Colombia, Egypt, Indonesia, Italy,
Malaysia, Saudi Arabia, Spain, Taiwan,
Turkey, and the UAE under
Administrative Protective Order (APO)
to all parties with access to information
protected by APO and indicated that
interested parties wishing to comment
on the CBP data must do so within three
business days of the publication date of
the notice of initiation of these
investigations.35 Commerce will not
accept rebuttal comments regarding the
CBP data or respondent selection.
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on Commerce’s website at
https://enforcement.trade.gov/apo.
The petitioners identified one
company in Argentina as the producer/
exporter of PC strand (i.e., Acindar
Industria De Sinai S.A.), one company
in the Netherlands as the producer/
exporter PC strand (i.e., Nedri Spanstaal
BV), one company in South Africa as
the producer/exporter of PC strand (i.e.,
Scaw Metals Group), one company in
Tunisia as the producer/exporter of PC
strand (i.e., Ste. Ten. De Trefilage
Maklada), and one company in Ukraine
as the producer/exporter of PC strand
(i.e., PJSC PA Stalkanat Silur), and
provided independent third-party
information as support.36 We currently
know of no additional producers/
exporters of PC strand from Argentina,
the Netherlands, South Africa, Tunisia,
and Ukraine. Accordingly, Commerce
intends to individually examine all
known producers/exporters in the
investigations from these countries (i.e.,
the companies cited above).
Parties wishing to comment on
respondent selection for Argentina, the
Netherlands, South Africa, Tunisia, and
35 See Memorandum, ‘‘Antidumping Duty
Investigation of PC strand: Release of Customs Data
from U.S. Customs and Border Protection,’’ dated
May 4, 2020.
36 See Volume I of the Petitions at Exhibit GEN–
8; see also General Issues Supplement at 3 and
Exhibit GEN–SUPP–1.
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19:53 May 12, 2020
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Ukraine must do so within three
business days of the publication of this
notice in the Federal Register.
Commerce will not accept rebuttal
comments regarding respondent
selection for Argentina, the Netherlands,
South Africa, Tunisia, and Ukraine.
Comments must be filed electronically
using ACCESS. An electronically-filed
document must be received successfully
in its entirety via ACCESS by 5:00 p.m.
ET on the specified deadline.
Distribution of Copies of the AD
Petitions
In accordance with section
732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version
of the AD Petitions have been provided
to the governments of Argentina,
Colombia, Egypt, Indonesia, Italy,
Malaysia, the Netherlands, Saudi
Arabia, South Africa, Spain, Taiwan,
Tunisia, Turkey, Ukraine, and the UAE
via ACCESS. To the extent practicable,
we will attempt to provide a copy of the
public version of the AD Petitions to
each exporter named in the AD
Petitions, as provided under 19 CFR
351.203(c)(2).
ITC Notification
We will notify the ITC of our
initiation, as required by section 732(d)
of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the AD Petitions were filed, whether
there is a reasonable indication that
imports of PC strand from Argentina,
Colombia, Egypt, Indonesia, Italy,
Malaysia, the Netherlands, Saudi
Arabia, South Africa, Spain, Taiwan,
Tunisia, Turkey, Ukraine, and/or the
UAE are materially injuring, or
threatening material injury to, a U.S.
industry.37 A negative ITC
determination for any country will
result in the investigation being
terminated with respect to that
country.38 Otherwise, these AD
investigations will proceed according to
statutory and regulatory time limits.
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 39 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.40 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 these
investigations.
Particular Market Situation Allegation
Section 504 of the TPEA amended the
Act by adding the concept of particular
market situation (PMS) for purposes of
CV under section 773(e) of the Act.41
Section 773(e) of the Act states that ‘‘if
a particular market situation exists such
that the cost of materials and fabrication
or other processing of any kind does not
accurately reflect the cost of production
in the ordinary course of trade, the
administering authority may use
another calculation methodology under
this subtitle or any other calculation
methodology.’’ When an interested
party submits a PMS allegation pursuant
to section 773(e) of the Act, Commerce
will respond to such a submission
consistent with 19 CFR 351.301(c)(2)(v).
If Commerce finds that a PMS exists
under section 773(e) of the Act, then it
will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor
19 CFR 351.301(c)(2)(v), set a deadline
for the submission of PMS allegations
and supporting factual information.
However, in order to administer section
773(e) of the Act, Commerce must
receive PMS allegations and supporting
factual information with enough time to
consider the submission. Thus, should
an interested party wish to submit a
PMS allegation and supporting new
factual information pursuant to section
773(e) of the Act, it must do so no later
than 20 days after submission of a
respondent’s initial section D
questionnaire response.
39 See
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
41 See TPEA, Public Law 114–27, 129 Stat. 362
(2015).
40 See
37 See
section 733(a) of the Act.
38 Id.
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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.
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, we 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, stand-alone
submission; under limited
circumstances we will grant untimelyfiled requests for the extension of time
limits. Parties should review Extension
of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at
https://www.gpo.gov/fdsys/pkg/FR-201309-20/html/2013-22853.htm, prior to
submitting factual information in these
investigations.
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.42
Parties must use the certification
formats provided in 19 CFR
351.303(g).43 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
jbell on DSKJLSW7X2PROD with NOTICES
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305. On
January 22, 2008, Commerce published
Antidumping and Countervailing Duty
Proceedings: Documents Submission
Procedures; APO Procedures, 73 FR
3634 (January 22, 2008). Parties wishing
to participate in these investigations
should ensure that they meet the
requirements of these procedures (e.g.,
42 See
section 782(b) of the Act.
Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Answers to frequently asked
questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
43 See
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19:53 May 12, 2020
Jkt 250001
the filing of letters of appearance as
discussed at 19 CFR 351.103(d)). Note
that Commerce has temporarily
modified certain portions of its
requirements for serving documents
containing business proprietary
information, until May 19, 2020, unless
extended.44
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: May 6, 2020.
Jeffrey I. Kessler,
Assistant Secretary, for Enforcement and
Compliance.
Appendix
Scope of the Investigations
The merchandise covered by these
investigations is prestressed concrete steel
wire strand (PC strand), produced from wire
of non-stainless, non-galvanized steel, which
is suitable for use in prestressed concrete
(both pretensioned and post-tensioned)
applications. The product definition
encompasses covered and uncovered strand
and all types, grades, and diameters of PC
strand. PC strand is normally sold in the
United States in sizes ranging from 0.25
inches to 0.70 inches in diameter. PC strand
made from galvanized wire is only excluded
from the scope if the zinc and/or zinc oxide
coating meets or exceeds the 0.40 oz./ft2
standard set forth in ASTM–A–475. The PC
strand subject to these investigations 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 scope of these
investigations is dispositive.
[FR Doc. 2020–10233 Filed 5–12–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–843]
Prestressed Concrete Steel Wire
Strand From the Republic of Turkey:
Initiation of Countervailing Duty
Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable May 6, 2020.
FOR FURTHER INFORMATION CONTACT: Alex
Villanueva; AD/CVD Operations, Office
I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
AGENCY:
44 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
17006 (March 26, 2020).
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3208.
SUPPLEMENTARY INFORMATION:
The Petition
On April 16, 2020, the Department of
Commerce (Commerce) received a
countervailing duty (CVD) petition
concerning imports of prestressed
concrete steel wire strand (PC strand)
from the Republic of Turkey (Turkey),
filed in proper form on behalf of the
petitioners,1 domestic producers of PC
strand.2 The Petition was accompanied
by antidumping duty (AD) petitions
concerning imports of PC strand from
Argentina, Columbia, Egypt, Indonesia,
Italy, Malaysia, Netherlands, Saudi
Arabia, South Africa, Spain, Taiwan,
Tunisia, Turkey, Ukraine and the
United Arab Emirates.
Between April 21 and 23, 2020,
Commerce requested supplemental
information pertaining to certain aspects
of the Petition in separate supplemental
questionnaires.3 The petitioners filed
responses to the supplemental
questionnaires on April 27, 2020.4
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioners allege that the
Government of Turkey (GOT) is
providing countervailable subsidies,
within the meaning of sections 701 and
771(5) of the Act, to producers of PC
strand in Turkey, and that imports of
1 The petitioners consist of Insteel Wire Products
Company, Sumiden Wire Products Corporation, and
Wire Mesh Corporation.
2 See Petitioners’ Letter, ‘‘Prestressed Concrete
Steel Wire Strand from Argentina, Colombia, Egypt,
Indonesia, Italy, Malaysia, Netherlands, Saudi
Arabia, South Africa, Spain, Taiwan, Tunisia,
Turkey, Ukraine, and the United Arab Emirates—
Petition for the Imposition of Antidumping and
Countervailing Duties,’’ dated April 16, 2020 (the
Petition).
3 See Commerce’s Letters, ‘‘Petition for the
Imposition of Antidumping Duties on Imports of
Prestressed Concrete Steel Wire Strand from
Argentina, Colombia, Egypt, Indonesia, Italy,
Malaysia, the Netherlands, Saudi Arabia, South
Africa, Spain, Taiwan, Tunisia, Turkey, Ukraine,
and the United Arab Emirates: Supplemental
Questions,’’ dated April 21, 2020 (General Issues
Supplement); and ‘‘Petition for the Imposition of
Countervailing Duties on Imports of Prestressed
Concrete Steel Wire Strand from the Republic of
Turkey: Supplemental Questions,’’ dated April 21,
2020.
4 See Petitioners’ Letter, ‘‘Prestressed Concrete
Steel Wire Strand from Argentina, Columbia, Egypt,
Indonesia, Italy, Malaysia, Netherlands, Saudi
Arabia, South Africa, Spain, Taiwan, Tunisia,
Ukraine, and United Arab Emirates—Petitioners’
Amendment to Volume I Concerning General
Issues,’’ dated April 27, 2020 (General Issues
Supplement Response); and ‘‘Prestressed Concrete
Steel Wire Strand from Argentina, Columbia, Egypt,
Indonesia, Italy, Malaysia, Netherlands, Saudi
Arabia, South Africa, Spain, Taiwan, Tunisia,
Turkey, Ukraine, and United Arab Emirates—
Petitioners’ Amendment to Volume XVII Related to
Countervailing Duties from the Republic of
Turkey,’’ dated April 27, 2020.
E:\FR\FM\13MYN1.SGM
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Agencies
[Federal Register Volume 85, Number 93 (Wednesday, May 13, 2020)]
[Notices]
[Pages 28605-28610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10233]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-822, A-301-804, A-729-804. A-560-837, A-475-843, A-557-819, A-
421-814, A-517-806, A-791-826, A-469-821, A-583-868, A-723-001, A-489-
842, A-823-817, A-520-809]
Prestressed Concrete Steel Wire Strand From Argentina, Colombia,
Egypt, Indonesia, Italy, Malaysia, the Netherlands, Saudi Arabia, South
Africa, Spain, Taiwan, Tunisia, the Republic of Turkey, Ukraine, and
the United Arab Emirates: Initiation of Less-Than-Fair-Value
Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable May 6, 2020.
FOR FURTHER INFORMATION CONTACT: Alex Villanueva; AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3208.
SUPPLEMENTARY INFORMATION:
The Petitions
On April 16, 2020, the Department of Commerce (Commerce) received
antidumping duty (AD) petitions concerning imports of prestressed
concrete steel wire strand (PC strand) from Argentina, Colombia, Egypt,
Indonesia, Italy, Malaysia, the Netherlands, Saudi Arabia, South
Africa, Spain, Taiwan, Tunisia, the Republic of Turkey (Turkey),
Ukraine, and the United Arab Emirates (UAE) filed in proper form on
behalf the
[[Page 28606]]
petitioners,\1\ domestic producers of PC strand.\2\ The Petitions were
accompanied by a countervailing duty (CVD) petition concerning imports
of PC strand from Turkey.\3\
---------------------------------------------------------------------------
\1\ Insteel Wire Products, Sumiden Wire Products Corporation,
and Wire Mesh Corp. (collectively, the petitioners).
\2\ See Petitioners' Letter, ``Prestressed Concrete Steel Wire
Strand from Argentina, Colombia, Egypt, Indonesia, Italy, Malaysia,
the Netherlands, Saudi Arabia, South Africa, Spain, Taiwan, Tunisia,
Turkey, Ukraine, and the United Arab Emirates--Petition for the
Imposition of Antidumping and Countervailing Duties,'' dated April
16, 2020 (the Petitions).
\3\ Id.
---------------------------------------------------------------------------
Between April 21 and 23, 2020, Commerce requested supplemental
information pertaining to certain aspects of the Petitions in separate
supplemental questionnaires.\4\ The petitioners filed responses to the
supplemental questionnaires on April 27, 2020.\5\
---------------------------------------------------------------------------
\4\ See Commerce's Letters, ``Petition for the Imposition of
Antidumping Duties on Imports of Prestressed Concrete Steel Wire
Strand from Argentina, Colombia, Egypt, Indonesia, Italy, Malaysia,
the Netherlands, Saudi Arabia, South Africa, Spain, Taiwan, Tunisia,
Turkey, Ukraine, and the United Arab Emirates: Supplemental
Questions,'' dated April 21, 2020 (General Issues Supplemental); and
Country-Specific Supplemental Questionnaires: Argentina
Supplemental, Colombia Supplemental, Egypt Supplemental, Indonesia
Supplemental, Italy Supplemental, Malaysia Supplemental, the
Netherlands Supplemental, Saudi Arabia Supplemental, South Africa
Supplemental, Spain Supplemental, Taiwan Supplemental, Tunisia
Supplemental, Turkey Supplemental, and the United Arab Emirates
Supplemental, dated April 21, 2020, April 22, 2020, or April 23,
2020. Commerce did not request additional information with respect
to Ukraine.
\5\ See Petitioners' Country-Specific Supplemental Responses,
dated April 27, 2020; see also Petitioners' Letter, ``Prestressed
Concrete Steel Wire Strand from Argentina, Colombia, Egypt,
Indonesia, Italy, Malaysia, the Netherlands, Saudi Arabia, South
Africa, Spain, Taiwan, Tunisia, Turkey, Ukraine, and the United Arab
Emirates--Petitioners' Amendment to Volume I Concerning General
Issues,'' dated April 27, 2020 (General Issues Supplement).
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that imports of PC strand
from Argentina, Colombia, Egypt, Indonesia, Italy, Malaysia, the
Netherlands, Saudi Arabia, South Africa, Spain, Taiwan, Tunisia,
Turkey, Ukraine, and the UAE 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 PC strand
industry in the United States. Consistent with section 732(b)(1) of the
Act, the Petitions are accompanied by information reasonably available
to the petitioners supporting their allegations.
Commerce finds that the petitioners filed the Petitions on behalf
of the domestic industry, because the petitioners are interested
parties, as defined in section 771(9)(C) of the Act. Commerce also
finds that the petitioners demonstrated sufficient industry support for
the initiation of the requested AD investigations.\6\
---------------------------------------------------------------------------
\6\ See infra, section on ``Determination of Industry Support
for the Petitions.''
---------------------------------------------------------------------------
Periods of Investigation
Because the Petitions were filed on April 16, 2020, the period of
investigation (POI) for these AD investigations is April 1, 2019
through March 31, 2020, pursuant to 19 CFR 351.204(b)(1).\7\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.204(b)(1).
---------------------------------------------------------------------------
Scope of the Investigations
The products covered by these investigations are PC strand from
Argentina, Colombia, Egypt, Indonesia, Italy, Malaysia, the
Netherlands, Saudi Arabia, South Africa, Spain, Taiwan, Tunisia,
Turkey, Ukraine, and the UAE. For a full description of the scope of
these investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
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 comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. 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
all interested parties submit such comments by 5:00 p.m. Eastern Time
(ET) on May 26, 2020, which is 20 calendar days from the signature date
of this notice. Any rebuttal comments, which may include factual
information, must be filed by 5:00 p.m. ET on June 5, 2020, which is
ten calendar days from the initial comment deadline.
---------------------------------------------------------------------------
\8\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\9\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
---------------------------------------------------------------------------
Commerce requests that any factual information parties consider
relevant to the scope of the investigations be submitted during this
period. However, if a party subsequently finds that additional factual
information pertaining to the scope of the investigations may be
relevant, the party may contact Commerce and request permission to
submit the additional information. All such submissions must be filed
on the records of the concurrent AD 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.\10\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------
\10\ 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 help using
ACCESS can be found at https://access.trade.gov/help.aspx and a
handbook can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
---------------------------------------------------------------------------
Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of PC strand 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 costs of production
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. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) General product
characteristics, and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe PC strand, it may be that only a select few product
characteristics take into account commercially meaningful physical
characteristics. In addition, interested parties may comment on the
order in which the physical characteristics should be used in matching
products. Generally, Commerce attempts to list the most important
physical characteristics first and the least important characteristics
last.
[[Page 28607]]
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 May 26, 2020,
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 June 5, 2020. All
comments and submissions to Commerce must be filed electronically using
ACCESS, as explained above, on the record of each of the AD
investigations.
Determination of Industry Support for the Petitions
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 requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The 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 must apply the same statutory definition regarding the domestic
like product,\11\ 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.\12\
---------------------------------------------------------------------------
\11\ See section 771(10) of the Act.
\12\ 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 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 petitioners do not
offer a definition of the domestic like product distinct from the scope
of the investigations.\13\ Based on our analysis of the information
submitted on the record, we have determined that PC strand, as defined
in the scope, constitutes a single domestic like product, and we have
analyzed industry support in terms of that domestic like product.\14\
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\13\ See Volume I of the Petitions at 19-20 and Exhibits GEN-4
and GEN-5; see also General Issues Supplement at 4.
\14\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see country-specific AD Initiation Checklists at Attachment II,
Analysis of Industry Support for the Antidumping and Countervailing
Duty Petitions Covering Prestressed Concrete Steel Wire Strand from
Argentina, Colombia, Egypt, Indonesia, Italy, Malaysia, the
Netherlands, Saudi Arabia, South Africa, Spain, Taiwan, Tunisia,
Turkey, Ukraine, and the United Arab Emirates (Attachment II). These
checklists are dated concurrently with this notice and on file
electronically via ACCESS.
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In determining whether the petitioners have standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioners provided
their 2019 production of the domestic like product, as well as the 2019
production of Strand-Tech Manufacturing, Inc., a supporter of the
Petitions.\15\ The petitioners compared the production of the
supporters of the Petitions to the estimated total production of the
domestic like product for the entire domestic industry.\16\ We relied
on data provided by the petitioners for purposes of measuring industry
support.\17\
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\15\ See Volume I of the Petitions at 4 and Exhibits GEN-2 and
GEN-3; see also General Issues Supplement at 4 and Exhibit GEN-SUPP-
3.
\16\ See Volume I of the Petitions at 4 and Exhibits GEN-1
through GEN-3; see also General Issues Supplement at 3-4 and
Exhibits GEN-SUPP-2 and GEN-SUPP-3.
\17\ See Volume I of the Petitions at 4 and Exhibits GEN-1
through GEN-3; see also General Issues Supplement at 3-4 and
Exhibits GEN-SUPP-2 and GEN-SUPP-3. For further discussion, see
Attachment II of the country-specific AD Initiation Checklists.
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Our review of the data provided in the Petitions, the General
Issues Supplement, and other information readily available to Commerce
indicates that the petitioners have established industry support for
the Petitions.\18\ First, the Petitions 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 Petitions 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 Petitions 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 Petitions.\21\ Accordingly, Commerce determines that
the Petitions were filed on behalf of the domestic industry within the
meaning of section 732(b)(1) of the Act.\22\
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\18\ See Volume I of the Petitions at 4 and Exhibits GEN-1
through GEN-3; see also General Issues Supplement at 3-4 and
Exhibits GEN-SUPP-2 and GEN-SUPP-3. For further discussion, see
Attachment II of the country-specific AD Initiation Checklists.
\19\ See Attachment II of the country-specific AD Initiation
Checklists; see also section 732(c)(4)(D) of the Act.
\20\ See Attachment II of the country-specific AD Initiation
Checklists.
\21\ Id.
\22\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioners allege 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, with regard to Colombia,
Indonesia, Italy, Malaysia, South Africa, Spain, Tunisia, and Turkey,
the petitioners allege that subject imports exceed the negligibility
threshold provided for
[[Page 28608]]
under section 771(24)(A) of the Act.\23\ With regard to Argentina,
Egypt, the Netherlands, Saudi Arabia, Taiwan, Ukraine, and the UAE,
while the allegedly dumped imports from each of these countries do not
individually exceed the statutory requirements for negligibility, the
petitioners provide data demonstrating that the aggregate import share
from these seven countries is 8.4 percent, which exceeds the seven
percent threshold established by the exception in section
771(24)(A)(ii) of the Act.\24\ Therefore, the subject imports from
these countries are not negligible for purposes of the material injury
analysis in these Petitions.\25\
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\23\ See Volume I of the Petitions at 21-22 and Exhibit GEN-11.
\24\ Section 771(24)(A)(ii) of the Act states ``[i]mports that
would otherwise be negligible under clause (i) shall not be
negligible if the aggregate volume of imports of the merchandise
from all countries described in clause (i) with respect to which
investigations were initiated on the same day exceeds 7 percent of
the volume of all such merchandise imported in to the United States
during the applicable 12-month period.''
\25\ See Volume I of the Petitions at 21-22 and Exhibit GEN-11.
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The petitioners contend that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
declining market share; underselling and price suppression; lost sales
and revenues; declines in production, shipments, capacity utilization,
and employment; and declining financial performance.\26\ We assessed
the allegations and supporting evidence regarding material injury,
threat of material injury, causation, as well as negligibility, and we
have determined that these allegations are properly supported by
adequate evidence, and meet the statutory requirements for
initiation.\27\
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\26\ See Volume I of the Petitions at 25-39 and Exhibits GEN-9
and GEN-12 through GEN-16.
\27\ See country-specific AD Initiation Checklists at Attachment
III, Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Prestressed Concrete Steel Wire Strand from Argentina,
Colombia, Egypt, Indonesia, Italy, Malaysia, the Netherlands, Saudi
Arabia, South Africa, Spain, Taiwan, Tunisia, Turkey, Ukraine, and
the United Arab Emirates (Attachment III).
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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 AD investigations of
imports of PC strand from Argentina, Colombia, Egypt, Indonesia, Italy,
Malaysia, the Netherlands, Saudi Arabia, South Africa, Spain, Taiwan,
Tunisia, Turkey, Ukraine, and the UAE. 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 country-specific AD Initiation
Checklists.
U.S. Price
For Argentina and Taiwan, the petitioners based export price (EP)
on the average unit value of publicly available import data. For
Colombia, Egypt, Indonesia, Italy, Malaysia, the Netherlands, Saudi
Arabia, South Africa, Spain, Tunisia, Turkey, Ukraine, and the UAE, the
petitioners based EP or constructed export price (CEP), as applicable,
on pricing information for sales of, or sales offers for, PC strand
produced in and exported from each country. The petitioners made
certain adjustments to U.S. price to calculate a net ex-factory U.S.
price.\28\
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\28\ See country-specific AD Initiation Checklists.
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Normal Value \29\
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\29\ In accordance with section 505(a) of the Trade Preferences
Extension Act of 2015 (TPEA), amending section 773(b)(2) of the Act,
for these investigations, Commerce will request information
necessary to calculate the constructed value and cost of production
(COP) to determine whether there are reasonable grounds to believe
or suspect that sales of the foreign like product have been made at
prices that represent less than the COP of the product. Commerce no
longer requires a COP allegation to conduct this analysis.
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For all countries, the petitioners based NV on a home market price
quote obtained through market research for PC strand produced in and
sold, or offered for sale, in each country within the applicable time
period.\30\ For Ukraine, the petitioners provided information
indicating that the price quote was below the COP and, therefore, the
petitioners also calculated NV based on constructed value (CV).
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\30\ See country-specific AD Initiation Checklists.
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For further discussion of CV, see the section ``Normal Value Based
on Constructed Value.''
Normal Value Based on Constructed Value
As noted above, the petitioners provided information indicating
that the price charged for PC strand produced in and sold, or offered
for sale, in Ukraine was below the COP. Accordingly, the petitioners
also based NV on CV.\31\ Pursuant to section 773(e) of the Act, the
petitioners calculated CV as the sum of the cost of manufacturing,
selling, general, and administrative expenses, financial expenses, and
profit.\32\
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\31\ See country-specific AD Initiation Checklists for details
of calculations.
\32\ See Ukraine AD Initiation Checklist.
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Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to
believe that imports of PC strand from Argentina, Colombia, Egypt,
Indonesia, Italy, Malaysia, the Netherlands, Saudi Arabia, South
Africa, Spain, Taiwan, Tunisia, Turkey, Ukraine, and the UAE are being,
or are likely to be, sold in the United States at LTFV. Based on
comparisons of EP or CEP, as applicable, to NV in accordance with
sections 772 and 773 of the Act, the estimated dumping margins for PC
strand for each of the countries covered by this initiation are as
follows: (1) Argentina--60.40 percent; (2) Colombia--86.09 percent; (3)
Egypt--29.72 percent; (4) Indonesia--72.28 percent; (5) Italy--30.61
percent; (6) Malaysia--39.57 percent; (7) the Netherlands--30.86
percent; (8) Saudi Arabia--194.40 percent; (9) South Africa--155.10
percent; (10) Spain--38.57 percent; (11) Taiwan--23.89 percent; (12)
Tunisia--53.11 percent; (13) Turkey--53.65 percent; (14) Ukraine--17.70
and 53.83 percent; and (15) the UAE--170.65 percent.\33\
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\33\ See country-specific Initiation Checklists for details of
calculations.
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Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating AD investigations to determine
whether imports of PC strand from Argentina, Colombia, Egypt,
Indonesia, Italy, Malaysia, the Netherlands, Saudi Arabia, South
Africa, Spain, Taiwan, Tunisia, Turkey, Ukraine, and the UAE are being,
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 determinations no later than
140 days after the date of this initiation.
Respondent Selection
In the Petitions, the petitioners named one company in Argentina,
two companies in Colombia, three companies in Egypt, four companies in
Indonesia, seven companies in Italy, three companies in Malaysia, one
company in the Netherlands, two companies in Saudi Arabia, one company
in South Africa, two companies in Spain, five companies in Taiwan, one
company in Tunisia, three companies in Turkey, one company in Ukraine,
and two companies in the UAE \34\ as producers/exporters of PC strand.
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\34\ See Volume I of the Petitions at Exhibit GEN-8.
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Following standard practice in AD investigations involving market
[[Page 28609]]
economy countries, in the event Commerce determines that the number of
exporters or producers in any individual case is large such that
Commerce cannot individually examine each company based upon its
resources, where appropriate, Commerce intends to select mandatory
respondents in that case based on U.S. Customs and Border Protection
(CBP) data for U.S. imports under the appropriate Harmonized Tariff
Schedule of the United States numbers listed in the ``Scope of the
Investigations,'' in the appendix.
On May 4, 2020, Commerce released CBP data on imports of PC strand
from Colombia, Egypt, Indonesia, Italy, Malaysia, Saudi Arabia, Spain,
Taiwan, Turkey, and the UAE under Administrative Protective Order (APO)
to all parties with access to information protected by APO and
indicated that interested parties wishing to comment on the CBP data
must do so within three business days of the publication date of the
notice of initiation of these investigations.\35\ Commerce will not
accept rebuttal comments regarding the CBP data or respondent
selection.
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\35\ See Memorandum, ``Antidumping Duty Investigation of PC
strand: Release of Customs Data from U.S. Customs and Border
Protection,'' dated May 4, 2020.
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at https://enforcement.trade.gov/apo.
The petitioners identified one company in Argentina as the
producer/exporter of PC strand (i.e., Acindar Industria De Sinai S.A.),
one company in the Netherlands as the producer/exporter PC strand
(i.e., Nedri Spanstaal BV), one company in South Africa as the
producer/exporter of PC strand (i.e., Scaw Metals Group), one company
in Tunisia as the producer/exporter of PC strand (i.e., Ste. Ten. De
Trefilage Maklada), and one company in Ukraine as the producer/exporter
of PC strand (i.e., PJSC PA Stalkanat Silur), and provided independent
third-party information as support.\36\ We currently know of no
additional producers/exporters of PC strand from Argentina, the
Netherlands, South Africa, Tunisia, and Ukraine. Accordingly, Commerce
intends to individually examine all known producers/exporters in the
investigations from these countries (i.e., the companies cited above).
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\36\ See Volume I of the Petitions at Exhibit GEN-8; see also
General Issues Supplement at 3 and Exhibit GEN-SUPP-1.
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Parties wishing to comment on respondent selection for Argentina,
the Netherlands, South Africa, Tunisia, and Ukraine must do so within
three business days of the publication of this notice in the Federal
Register. Commerce will not accept rebuttal comments regarding
respondent selection for Argentina, the Netherlands, South Africa,
Tunisia, and Ukraine. Comments must be filed electronically using
ACCESS. An electronically-filed document must be received successfully
in its entirety via ACCESS by 5:00 p.m. ET on the specified deadline.
Distribution of Copies of the AD Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the AD Petitions have been
provided to the governments of Argentina, Colombia, Egypt, Indonesia,
Italy, Malaysia, the Netherlands, Saudi Arabia, South Africa, Spain,
Taiwan, Tunisia, Turkey, Ukraine, and the UAE via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the AD Petitions to each exporter named in the AD Petitions, as
provided under 19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the AD Petitions were filed, whether there is a reasonable
indication that imports of PC strand from Argentina, Colombia, Egypt,
Indonesia, Italy, Malaysia, the Netherlands, Saudi Arabia, South
Africa, Spain, Taiwan, Tunisia, Turkey, Ukraine, and/or the UAE are
materially injuring, or threatening material injury to, a U.S.
industry.\37\ A negative ITC determination for any country will result
in the investigation being terminated with respect to that country.\38\
Otherwise, these AD investigations will proceed according to statutory
and regulatory time limits.
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\37\ See section 733(a) of the Act.
\38\ 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 \39\ 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.\40\ 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 these investigations.
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\39\ See 19 CFR 351.301(b).
\40\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 504 of the TPEA amended the Act by adding the concept of
particular market situation (PMS) for purposes of CV under section
773(e) of the Act.\41\ Section 773(e) of the Act states that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production in the ordinary course of trade, the
administering authority may use another calculation methodology under
this subtitle or any other calculation methodology.'' When an
interested party submits a PMS allegation pursuant to section 773(e) of
the Act, Commerce will respond to such a submission consistent with 19
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section
773(e) of the Act, then it will modify its dumping calculations
appropriately.
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\41\ See TPEA, Public Law 114-27, 129 Stat. 362 (2015).
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Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set
a deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of a respondent's initial
section D questionnaire response.
[[Page 28610]]
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. 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, we 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, stand-alone submission; under limited circumstances we will
grant untimely-filed requests for the extension of time limits. Parties
should review Extension of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information
in these investigations.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\42\
Parties must use the certification formats provided in 19 CFR
351.303(g).\43\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\42\ See section 782(b) of the Act.
\43\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce
published Antidumping and Countervailing Duty Proceedings: Documents
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008).
Parties wishing to participate in these investigations should ensure
that they meet the requirements of these procedures (e.g., the filing
of letters of appearance as discussed at 19 CFR 351.103(d)). Note that
Commerce has temporarily modified certain portions of its requirements
for serving documents containing business proprietary information,
until May 19, 2020, unless extended.\44\
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\44\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020).
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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: May 6, 2020.
Jeffrey I. Kessler,
Assistant Secretary, for Enforcement and Compliance.
Appendix
Scope of the Investigations
The merchandise covered by these investigations is prestressed
concrete steel wire strand (PC strand), produced from wire of non-
stainless, non-galvanized steel, which is suitable for use in
prestressed concrete (both pretensioned and post-tensioned)
applications. The product definition encompasses covered and
uncovered strand and all types, grades, and diameters of PC strand.
PC strand is normally sold in the United States in sizes ranging
from 0.25 inches to 0.70 inches in diameter. PC strand made from
galvanized wire is only excluded from the scope if the zinc and/or
zinc oxide coating meets or exceeds the 0.40 oz./ft\2\ standard set
forth in ASTM-A-475. The PC strand subject to these investigations
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 scope of these
investigations is dispositive.
[FR Doc. 2020-10233 Filed 5-12-20; 8:45 am]
BILLING CODE 3510-DS-P