Prestressed Concrete Steel Wire From the Republic of Turkey: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, in Part, 59287-59289 [2020-20692]
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Federal Register / Vol. 85, No. 183 / Monday, September 21, 2020 / Notices
Before including address, phone
number, email address, or other
personal identifying information,
commenters should be aware that the
entire comment—including personal
identifying information—may be made
publicly available at any time. While
commenters may ask the Census Bureau
to withhold personal identifying
information from public review, the
Census Bureau cannot guarantee that it
will be able to do so.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2020–20794 Filed 9–18–20; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–134]
Certain Metal Lockers and Parts
Thereof from the People’s Republic of
China: Postponement of Preliminary
Determination in the Countervailing
Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable September 21, 2020.
FOR FURTHER INFORMATION CONTACT:
Charles Doss at (202) 482–4474, AD/
CVD Operations, Office III, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
jbell on DSKJLSW7X2PROD with NOTICES
Background
On July 29, 2020, the Department of
Commerce (Commerce) initiated a
countervailing duty (CVD) investigation
of imports of certain metal lockers and
parts thereof from the People’s Republic
of China.1 Currently, the preliminary
determination is due no later than
October 2, 2020.
Postponement of Preliminary
Determination
Section 703(b)(1) of the Tariff Act of
1930, as amended (the Act), requires
Commerce to issue the preliminary
determination in a countervailing duty
investigation within 65 days after the
date on which Commerce initiated the
investigation. However, section
703(c)(1) of the Act permits Commerce
1 See Certain Metal Lockers and Parts Thereof
from the People’s Republic of China: Initiation of
Countervailing Duty Investigation, 85 FR 47353
(August 5, 2020).
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19:59 Sep 18, 2020
Jkt 250001
to postpone the preliminary
determination until no later than 130
days after the date on which Commerce
initiated the investigation if: (A) The
petitioner makes a timely request for a
postponement; or (B) Commerce
concludes that the parties concerned are
cooperating, that the investigation is
extraordinarily complicated, and that
additional time is necessary to make a
preliminary determination. Under 19
CFR 351.205(e), the petitioner must
submit a request for postponement 25
days or more before the scheduled date
of the preliminary determination and
must state the reasons for the request.
Commerce will grant the request unless
it finds compelling reasons to deny the
request.
On September 4, 2020, the
petitioners 2 submitted a timely request
that Commerce postpone the
preliminary CVD determination.3 The
petitioners stated that they request
postponement to permit parties time to
review data submitted by the
Government of China and Zhejiang
Xingyi Metal Products Co., Ltd., identify
deficiencies, and provide comment in
advance of the preliminary
determination.4 In accordance with 19
CFR 351.205(e), the petitioners have
stated the reasons for requesting a
postponement of the preliminary
determination, and Commerce finds no
compelling reason to deny the request.
Therefore, in accordance with section
703(c)(1)(A) of the Act, Commerce is
postponing the deadline for the
preliminary determination to no later
than 130 days after the date on which
this investigation was initiated, i.e.,
December 7, 2020.5 Pursuant to section
705(a)(1) of the Act and 19 CFR
351.210(b)(1), the deadline for the final
determination of this investigation will
continue to be 75 days after the date of
the preliminary determination.
This notice is issued and published
pursuant to section 703(c)(2) of the Act
and 19 CFR 351.205(f)(1).
2 The petitioners are: List Industries, Inc.; Lyon
LLC, Penco Products, Inc.; and Tennsco LLC.
3 See Petitioners’ Letter, ‘‘Certain Metal Lockers
and Parts Thereof from the People’s Republic of
China—Petitioners’ Request to Postpone
Preliminary Determination,’’ dated September 4,
2020.
4 Id.
5 Postponing the preliminary determination to
130 days after initiation would place the deadline
on Sunday, December 6, 2020. Commerce’s practice
dictates that where a deadline falls on a weekend
or federal holiday, the appropriate deadline is the
next business day. See Notice of Clarification:
Application of ‘‘Next Business Day’’ Rule for
Administrative Determination Deadlines Pursuant
to the Tariff Act of 1930, As Amended, 70 FR 24533
(May 10, 2005).
PO 00000
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Fmt 4703
Sfmt 4703
59287
Dated: September 15, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–20756 Filed 9–18–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–843]
Prestressed Concrete Steel Wire From
the Republic of Turkey: Preliminary
Affirmative Countervailing Duty
Determination, Preliminary Affirmative
Critical Circumstances Determination,
in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
prestressed concrete steel wire (PC
strand) from the Republic of Turkey
(Turkey). The period of investigation is
January 1, 2019 through December 31,
2019. Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
DATES:
Applicable September 21, 2020.
FOR FURTHER INFORMATION CONTACT:
Whitley Herndon and Jacob Garten, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–6274 and (202) 482–3342,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on May 13, 2020.1 On July 1, 2020,
Commerce postponed the preliminary
determination of this investigation, and
the revised deadline is now September
14, 2020.2 For a complete description of
the events that followed the initiation of
this investigation, see the Preliminary
1 See Prestressed Concrete Steel Wire Strand from
the Republic of Turkey: Initiation of Countervailing
Duty Investigation, 85 FR 28610 (May 13, 2020).
2 See Prestressed Concrete Steel Wire Strand from
the Republic of Turkey: Postponement of
Preliminary Determination of Countervailing Duty
Investigation, 85 FR 39522 (July 1, 2020).
E:\FR\FM\21SEN1.SGM
21SEN1
59288
Federal Register / Vol. 85, No. 183 / Monday, September 21, 2020 / Notices
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and electronic versions of
the Preliminary Decision Memorandum
are identical in content.
Scope of the Investigation
The product covered by this
investigation is PC strand from Turkey.
For a complete description of the scope
of this investigation, see Appendix I.
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient
and that the subsidy is specific.4
Commerce notes that, in making these
findings, it relied, in part, on facts
available and, because it finds that one
or more respondents did not act to the
best of their ability to respond to
Commerce’s requests for information, it
drew an adverse inference where
appropriate in selecting from among the
facts otherwise available.5 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
Preliminary Affirmative Determination
of Critical Circumstances, in Part
In accordance with section 703(e)(1)
of the Act, Commerce preliminarily
determines that critical circumstances
exist with respect to imports of PC
strand from Turkey for Celik Halat ve
Tel San A.S. (Celik Halat) but do not
exist with respect to Guney Celik Hasir
ve Demir (Guney Celik) and all other
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3 See
Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination of the
Countervailing Duty Investigation of Prestressed
Concrete Steel Wire from the Republic of Turkey,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
4 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
5 See sections 776(a) and (b) of the Act.
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19:59 Sep 18, 2020
Jkt 250001
exporters or producers not individually
examined. For a full description of the
methodology and results of Commerce’s
analysis, see the Preliminary Decision
Memorandum.
Date of Final Determination
Section 705(a)(1) of the Act and 19
CFR 351.210(b)(1) provide that
Commerce will issue the final
determination within 75 days after the
date of its preliminary determination,
unless the final determination is
postponed or aligned with the final
determination of a companion
antidumping duty investigation of PC
strand. Accordingly, Commerce intends
make its final determination no later
than November 30, 2020.
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that, in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any zero and de
minimis rates and any rates based
entirely under section 776 of the Act. In
this investigation, Commerce
preliminarily assigned a rate based
entirely on facts available to Celik Halat.
Therefore, the only rate that is not zero,
de minimis, or based entirely on facts
otherwise available is the rate calculated
for Guney Celik. Consequently, the rate
calculated for Guney Celik is also
assigned as the rate for all other
producers and exporters.
Preliminary Determination
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
Company
Guney Celik Hasir ve Demir
Celik Halat ve Tel San A.S. 6
All Others ..............................
In accordance with section
703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and
Border Protection (CBP) to suspend
liquidation of entries of subject
merchandise as described in the scope
6 As discussed in the Preliminary Decision
Memorandum, Commerce has found the following
companies to be cross-owned with Celik Halat:
Dogan Sirketler Grubu Holding A.S. and Adilbey
Holding A.S.
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Fmt 4703
Sfmt 4703
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of its
public announcement, or if there is no
public announcement, within five days
of the date of this notice in accordance
with 19 CFR 351.224(b).
Verification
Commerce is currently unable to
conduct on-site verification of the
Subsidy
information relied upon in making its
rate
final determination in this investigation.
(percent)
Accordingly, we intend to take
14.44 additional steps in lieu of on-site
135.06 verification. Commerce will notify
14.44 interested parties of any additional
documentation or information required.
Suspension of Liquidation
PO 00000
of the investigation section entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register. Further, pursuant to 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
rates indicated above.
Section 703(e)(2) of the Act provides
that, given an affirmative determination
of critical circumstances, any
suspension of liquidation shall apply to
unliquidated entries of merchandise
entered, or withdrawn from warehouse,
for consumption on or after the later of
(a) the date which is 90 days before the
date on which the suspension of
liquidation was first ordered, or (b) the
date on which notice of initiation of the
investigation was published. Commerce
preliminarily finds that critical
circumstances exist for imports of
subject merchandise produced and/or
exported by Celik Halat. In accordance
with section 703(e)(2)(A) of the Act, the
suspension of liquidation shall apply to
unliquidated entries of merchandise
from the exporters/producers identified
in this paragraph that were entered, or
withdrawn from warehouse, for
consumption on or after the date which
is 90 days before the publication of this
notice.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance. A timeline for the
submission of case briefs and written
comments will be notified to interested
parties at a later date. Rebuttal briefs,
limited to issues raised in case briefs,
may be submitted no later than seven
days after the deadline date for case
E:\FR\FM\21SEN1.SGM
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Federal Register / Vol. 85, No. 183 / Monday, September 21, 2020 / Notices
briefs.7 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this investigation are encouraged to
submit with each argument: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number; the
number of participants; whether any
participant is a foreign national; and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Parties are reminded that briefs and
hearing requests are to be filed
electronically using ACCESS and that
electronically filed documents must be
received successfully in their entirety by
5 p.m. Eastern Time on the due date.
Note that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information, until further
notice.8
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its determination. If the final
determination is affirmative, the ITC
will determine before the later of 120
days after the date of this preliminary
determination or 45 days after the final
determination.
Notification to Interested Parties
jbell on DSKJLSW7X2PROD with NOTICES
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
19:59 Sep 18, 2020
Jkt 250001
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation 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 this investigation 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 this investigation
is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Preliminary Affirmative Determination of
Critical Circumstances, In Part
V. Injury Test
VI. Use of Facts Otherwise Available and
Adverse Inferences
VII. Subsidies Valuation
VIII. Analysis of Programs
IX. Recommendation
Leo
Ayala, AD/CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington
DC 20230; telephone: (202) 482–3945.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
On April 1, 2020, Commerce
published a notice of opportunity to
request an administrative review of the
AD order on biodiesel from Indonesia
for the POR.1 On April 30, 2020,
Commerce received a timely-filed
request from the National Biodiesel
Board Fair Trade Coalition (Coalition) 2
for an administrative review of five
Indonesian producers and/or exporters,
in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.213(b).3
On June 8, 2020, pursuant to this
request, and in accordance with section
751(a) of the Act and 19 CFR
351.221(c)(1)(i), Commerce published a
notice initiating an administrative
review of the antidumping duty order
on biodiesel from Indonesia.4 On
September 1, 2020, the Coalition timely
withdrew its request for an
administrative review for all five
producers and/or exporters.5
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the party or parties that
requested a review withdraws the
request within 90 days of the
publication date of the notice of
initiation of the requested review. The
[FR Doc. 2020–20692 Filed 9–18–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–560–830]
Biodiesel from Indonesia: Rescission
of Antidumping Duty Administrative
Review: 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is rescinding the
administrative review of the
antidumping duty (AD) order on
biodiesel from Indonesia for the period
of review (POR) April 1, 2019 through
March 31, 2020, based on the timely
withdrawal of the request for review.
DATES: Applicable September 21, 2020.
AGENCY:
7 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements); Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID–19, 85 FR 17006 (March 26, 2020)
(Temporary Rule); and Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID–19;
Extension of Effective Period, 85 FR 41363 (July 10,
2020).
8 See Temporary Rule.
VerDate Sep<11>2014
Dated: September 14, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
59289
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1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 85 FR 18191
(April 1, 2020).
2 The Coalition is an association, a majority of
whose members is composed of domestic producers
of biodiesel. Coalition members include the
National Biodiesel Board (the NBB), American
GreenFuels, LLC, Archer Daniels Midland
Company, Ag Processing Inc a cooperative, Crimson
Renewable Energy LP, High Plains Bioenergy,
Integrity Biofuels, LLC, Iowa Renewable Energy,
LLC, Lake Erie Biofuels dba HERO BX. Minnesota
Soybean Processors, New Leaf Biofuel, LLC,
Newport Biodiesel, L.L.C., Renewable Biofuels,
LLC, Renewable Energy Group, Inc., Western
Dubuque Biodiesel, LLC, Western Iowa Energy,
LLC, and World Management Group LLC dba World
Energy.
3 See Coalition’s’ Letter, ‘‘Biodiesel from
Indonesia: Request for Administrative Review of
Antidumping Duty Order,’’ dated April 30, 2020.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
35068 (June 8, 2020).
5 See Coalition’s’ Letter, ‘‘Biodiesel from
Indonesia: Withdrawal of Request for
Administrative Review of Antidumping Duty
Order,’’ dated September 1, 2020.
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]]>Agencies
[Federal Register Volume 85, Number 183 (Monday, September 21, 2020)]
[Notices]
[Pages 59287-59289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20692]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-843]
Prestressed Concrete Steel Wire From the Republic of Turkey:
Preliminary Affirmative Countervailing Duty Determination, Preliminary
Affirmative Critical Circumstances Determination, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of prestressed concrete steel wire (PC strand) from the
Republic of Turkey (Turkey). The period of investigation is January 1,
2019 through December 31, 2019. Interested parties are invited to
comment on this preliminary determination.
DATES: Applicable September 21, 2020.
FOR FURTHER INFORMATION CONTACT: Whitley Herndon and Jacob Garten, AD/
CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-6274 and (202)
482-3342, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on May 13,
2020.\1\ On July 1, 2020, Commerce postponed the preliminary
determination of this investigation, and the revised deadline is now
September 14, 2020.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
[[Page 59288]]
Decision Memorandum.\3\ A list of topics discussed in the Preliminary
Decision Memorandum is included as Appendix II to this notice. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/. The signed
and electronic versions of the Preliminary Decision Memorandum are
identical in content.
---------------------------------------------------------------------------
\1\ See Prestressed Concrete Steel Wire Strand from the Republic
of Turkey: Initiation of Countervailing Duty Investigation, 85 FR
28610 (May 13, 2020).
\2\ See Prestressed Concrete Steel Wire Strand from the Republic
of Turkey: Postponement of Preliminary Determination of
Countervailing Duty Investigation, 85 FR 39522 (July 1, 2020).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination of the Countervailing Duty Investigation of
Prestressed Concrete Steel Wire from the Republic of Turkey,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is PC strand from Turkey.
For a complete description of the scope of this investigation, see
Appendix I.
Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient and that the subsidy is specific.\4\
---------------------------------------------------------------------------
\4\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Commerce notes that, in making these findings, it relied, in part,
on facts available and, because it finds that one or more respondents
did not act to the best of their ability to respond to Commerce's
requests for information, it drew an adverse inference where
appropriate in selecting from among the facts otherwise available.\5\
For further information, see ``Use of Facts Otherwise Available and
Adverse Inferences'' in the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\5\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Preliminary Affirmative Determination of Critical Circumstances, in
Part
In accordance with section 703(e)(1) of the Act, Commerce
preliminarily determines that critical circumstances exist with respect
to imports of PC strand from Turkey for Celik Halat ve Tel San A.S.
(Celik Halat) but do not exist with respect to Guney Celik Hasir ve
Demir (Guney Celik) and all other exporters or producers not
individually examined. For a full description of the methodology and
results of Commerce's analysis, see the Preliminary Decision
Memorandum.
Date of Final Determination
Section 705(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that
Commerce will issue the final determination within 75 days after the
date of its preliminary determination, unless the final determination
is postponed or aligned with the final determination of a companion
antidumping duty investigation of PC strand. Accordingly, Commerce
intends make its final determination no later than November 30, 2020.
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that, in the
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be
an amount equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
zero and de minimis rates and any rates based entirely under section
776 of the Act. In this investigation, Commerce preliminarily assigned
a rate based entirely on facts available to Celik Halat. Therefore, the
only rate that is not zero, de minimis, or based entirely on facts
otherwise available is the rate calculated for Guney Celik.
Consequently, the rate calculated for Guney Celik is also assigned as
the rate for all other producers and exporters.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
Guney Celik Hasir ve Demir.............................. 14.44
Celik Halat ve Tel San A.S. \6\......................... 135.06
All Others.............................................. 14.44
------------------------------------------------------------------------
Suspension of Liquidation
---------------------------------------------------------------------------
\6\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Celik Halat: Dogan Sirketler Grubu Holding A.S. and Adilbey Holding
A.S.
---------------------------------------------------------------------------
In accordance with section 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require a cash deposit equal to the rates
indicated above.
Section 703(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of (a)
the date which is 90 days before the date on which the suspension of
liquidation was first ordered, or (b) the date on which notice of
initiation of the investigation was published. Commerce preliminarily
finds that critical circumstances exist for imports of subject
merchandise produced and/or exported by Celik Halat. In accordance with
section 703(e)(2)(A) of the Act, the suspension of liquidation shall
apply to unliquidated entries of merchandise from the exporters/
producers identified in this paragraph that were entered, or withdrawn
from warehouse, for consumption on or after the date which is 90 days
before the publication of this notice.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice in accordance
with 19 CFR 351.224(b).
Verification
Commerce is currently unable to conduct on-site verification of the
information relied upon in making its final determination in this
investigation. Accordingly, we intend to take additional steps in lieu
of on-site verification. Commerce will notify interested parties of any
additional documentation or information required.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. A timeline for the
submission of case briefs and written comments will be notified to
interested parties at a later date. Rebuttal briefs, limited to issues
raised in case briefs, may be submitted no later than seven days after
the deadline date for case
[[Page 59289]]
briefs.\7\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in this investigation are
encouraged to submit with each argument: (1) A statement of the issue;
(2) a brief summary of the argument; and (3) a table of authorities.
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\7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements); Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID-19, 85 FR 17006 (March 26, 2020)
(Temporary Rule); and Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID-19; Extension of Effective Period, 85 FR
41363 (July 10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number; the number of
participants; whether any participant is a foreign national; and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Parties are reminded that briefs and hearing requests are to be
filed electronically using ACCESS and that electronically filed
documents must be received successfully in their entirety by 5 p.m.
Eastern Time on the due date. Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\8\
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\8\ See Temporary Rule.
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International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its determination. If the
final determination is affirmative, the ITC will determine before the
later of 120 days after the date of this preliminary determination or
45 days after the final determination.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: September 14, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation 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 this
investigation 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 this investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Preliminary Affirmative Determination of Critical Circumstances,
In Part
V. Injury Test
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Subsidies Valuation
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2020-20692 Filed 9-18-20; 8:45 am]
BILLING CODE 3510-DS-P
