Prestressed Concrete Steel Wire Strand From Argentina, Colombia, Egypt, the Netherlands, Saudi Arabia, the Republic of Turkey, and the United Arab Emirates: Preliminary Affirmative Determinations of Sales at Less Than Fair Value and Preliminary Affirmative Critical Circumstances Determinations, in Part, 61722-61726 [2020-21546]
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Federal Register / Vol. 85, No. 190 / Wednesday, September 30, 2020 / Notices
liquidate the appropriate entries
without regard to antidumping duties.
For the companies which were not
selected for individual review, we
intend to assign an assessment rate
based on the methodology described in
the ‘‘Rates for Non-Examined
Companies’’ section.
Commerce intends to issue
appropriate assessment instructions
directly to CBP 15 days after publication
of this notice. The final results of this
review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated duties, where
applicable.
Cash Deposit Requirement
The following cash deposit
requirements will be effective upon
publication of the notice of the final
results of administrative review for all
shipments of nails from Oman entered,
or withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for the companies
under review will be the rate
established in the final results of this
review (except, if the rate is zero or de
minimis, as it is for Oman Fasteners LLC
in these preliminary results. In that
case, no cash deposit will be required);
(2) for merchandise exported by
manufacturers or exporters not covered
in this review but covered in a prior
segment of the proceeding, the cash
deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which the manufacturer
or exporter participated; (3) if the
exporter is not a firm covered in this
review, a prior review, or the less-thanfair-value investigation, but the
manufacturer is, then the cash deposit
rate will be the rate established for the
most recently completed segment of the
proceeding for the manufacturer of the
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 9.10
percent ad valorem, the all-others rate
established in the less-than-fair value
investigation.22
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Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
22 See Certain Steel Nails from the Republic of
Oman: Final Determination of Sales at Less Than
Fair Value, 80 FR 28955 (May 20, 2015).
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the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
These preliminary results of
administrative review are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h)(1).
Dated: September 23, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Determinations’’ section of this notice.
Interested parties are invited to
comment on these preliminary
determinations.
DATES: Applicable September 30, 2020.
FOR FURTHER INFORMATION CONTACT:
Kabir Archuletta at (202) 482–2593
(Argentina); Hermes Pinilla at (202)
482–3477 (Colombia); David Crespo at
(202) 482–3693 (Egypt); Bryan Hansen
at (202) 482–3683 (the Netherlands);
Drew Jackson at (202) 482–4406 (Saudi
Arabia); David Goldberger at (202) 482–
4136 (Turkey); and Charles Doss at (202)
482–4474 (UAE), AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the notice of
initiation of these investigations on May
13, 2020.1 Acindar Industria De Sinal
S.A. (Acindar) is the sole mandatory
respondent in the investigation covering
PC strand from Argentina; Knight S.A.S.
(Knight SAS) is the sole mandatory
respondent in the investigation covering
PC strand from Colombia; United Wires
Company Elsewedy is the sole
[FR Doc. 2020–21582 Filed 9–29–20; 8:45 am]
mandatory respondent in the
BILLING CODE 3510–DS–P
investigation covering PC strand from
Egypt; Nedri Spanstaal BV is the sole
mandatory respondent in the
DEPARTMENT OF COMMERCE
investigation covering PC strand from
the Netherlands; National Metal
International Trade Administration
Manufacturing & Casting Co. (National
[A–357–822, A–301–804, A–729–804, A–421–
Metal Manufacturing) is the sole
814, A–517–806, A–489–842, A–520–809]
mandatory respondent in the
investigation covering PC strand from
Prestressed Concrete Steel Wire
Saudi Arabia; Celik Halat ve Tel Sanayi
Strand From Argentina, Colombia,
A.S. (Celik Halat) and Gu¨ney C
¸ elik Hasir
Egypt, the Netherlands, Saudi Arabia,
the Republic of Turkey, and the United ve Demir (Gu¨ney Celik) are the
Arab Emirates: Preliminary Affirmative mandatory respondents in the
investigation covering PC strand from
Determinations of Sales at Less Than
Turkey; and GSS International Trading
Fair Value and Preliminary Affirmative
Critical Circumstances Determinations, FZE (GSS) and Gulf Steel Strands FZE
(Gulf Steel) are the mandatory
in Part
respondents in the investigation
AGENCY: Enforcement and Compliance,
covering PC strand from the UAE. For
International Trade Administration,
a complete description of the events that
Department of Commerce.
followed the initiation of these
SUMMARY: The Department of Commerce investigations, see the Preliminary
(Commerce) preliminarily determines
Decision Memoranda.2 A list of topics
that prestressed concrete steel wire
1 See Prestressed Concrete Steel Wire Strand from
strand (PC strand) from Argentina,
Colombia, Egypt, the Netherlands, Saudi Argentina, Colombia, Egypt, Indonesia, Italy,
Arabia, the Republic of Turkey (Turkey), Malaysia, the Netherlands, Saudi Arabia, Spain,
Taiwan, Tunisia, the Republic of Turkey, Ukraine,
and the United Arab Emirates (UAE) is
and the United Arab Emirates: Initiation of Lessbeing, or is likely to be, sold in the
Than-Fair Value Investigations, 85 FR 28605 (May
13, 2020) (Initiation Notice).
United States at less than fair value
2 See Memorandum, ‘‘Decision Memorandum for
(LTFV). The period of investigation
Preliminary Determinations in the Less-Than(POI) is April 1, 2019 through March 31, the
Fair-Value Investigations of Prestressed Concrete
2020. The estimated margins of sales at
Steel Wire Strand from Argentina, Colombia, Egypt,
the Netherlands, Saudi Arabia, Taiwan and the
LTFV are shown in the ‘‘Preliminary
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Companies Not Selected for Individual
Examination
V. Preliminary Determination of No
Shipments
VI. Discussion of the Methodology
VII. Recommendation
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included in the Preliminary Decision
Memoranda is included as Appendix II
to this notice. The Preliminary Decision
Memoranda are public documents and
are made available to the public 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
Memoranda can be accessed directly at
https://enforcement.trade.gov/frn/. The
signed and the electronic versions of the
Preliminary Decision Memoranda are
identical in content.
Scope of the Investigations
The product covered by these
investigations is PC strand. For a full
description of the scope of these
investigations, see the ‘‘Scope of the
Investigations,’’ in Appendix I of this
notice.
Scope Comments
In accordance with the Preamble to
Commerce’s regulations,3 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).4 However,
Commerce received no comments on the
scope of these investigations from
interested parties.
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Methodology
Commerce is conducting these
investigations in accordance with
section 731 of the Tariff Act of 1930, as
amended (the Act). Pursuant to sections
776(a) and (b) of the Act, Commerce has
preliminarily relied upon facts
otherwise available to assign estimated
weighted-average dumping margins to
the mandatory respondents in these
seven investigations because none of the
respondents either submitted a response
to Commerce’s antidumping duty
questionnaire, or submitted a timely
response to Commerce’s antidumping
duty questionnaire. Further, Commerce
is preliminarily determining that these
mandatory respondents failed to
cooperate by not acting to the best of
their ability to comply with a request for
information and is using an adverse
inference when selecting from among
the facts otherwise available (i.e.,
United Arab Emirates’’ dated concurrently with this
notice; and Memorandum, ‘‘Decision Memorandum
for the Preliminary Determination in the Less-ThanFair Value Investigation of Prestressed Concrete
Steel Wire Strand from Turkey,’’ dated concurrently
with, and hereby adopted by, this notice
(collectively, Preliminary Decision Memoranda).
3 See Antidumping Duties; Countervailing Duties;
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
4 See Initiation Notice, 85 FR at 28606.
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applying adverse facts available (AFA))
to these respondents, in accordance
with section 776(b) of Act. For a full
description of the methodology
underlying our preliminary
determinations, see the Preliminary
Decision Memoranda.
Critical Circumstances
On August 24, 2020, the petitioners 5
timely filed critical circumstances
allegations, pursuant to section 733(e)(1)
of the Act and 19 CFR 351.206(c)(1),
alleging that critical circumstances exist
with respect to imports of the subject
merchandise from Colombia, Egypt, and
the Netherlands.6 On August 28, 2020,
Commerce requested that the petitioners
file an addendum to their critical
circumstances allegation.7 In response,
the petitioners filed an addendum
providing the requested additional U.S.
import data.8 We received no rebuttal
information from interested parties.
On September 2, 2020, the petitioners
timely filed a critical circumstances
allegation, pursuant to section 733(e)(1)
of the Act and 19 CFR 351.206(c)(1),
alleging that critical circumstances exist
with respect to imports of the PC strand
from Turkey.9 Also on September 2,
2020, Commerce requested that Celik
Halat provide monthly quantity and
value (Q&V) data.10 On September 3,
2020, Commerce requested that the
petitioners file an addendum to their
critical circumstances allegation.11 In
response, Celik Halat filed the requested
Q&V data and the petitioners filed an
addendum providing the requested
5 The petitioners are Insteel Wire Products
Company, Sumiden Wire Products Corporation, and
Wire Mesh Corporation (collectively, the
petitioners).
6 See Petitioners’ Letter, ‘‘Prestressed Concrete
Steel Wire Strand from Colombia, Egypt, and
Netherlands—Petitioners’ Allegation of Critical
Circumstances,’’ dated August 24, 2020.
7 See Commerce’s Letter dated August 28, 2020.
Commerce asked the petitioners to provide U.S.
import data for subject merchandise from Colombia,
Egypt, and the Netherlands for February 2020
through April 2020, as the base period, and import
data for May 2020 through July 2020, as the
comparison period. Commerce also provided an
opportunity for interested parties other than the
petitioners to submit factual information to rebut,
clarify, or correct factual information in the
addendum.
8 See Petitioners’ Letter, ‘‘Prestressed Concrete
Steel Wire Strand from Colombia, Egypt, the
Netherlands, Taiwan and Turkey—Petitioners’
Updated Import Volume Data for Their Critical
Circumstances Allegations,’’ dated September 8,
2020 (Addendum to Allegation).
9 See Petitioners’ Letter, ‘‘Prestressed Concrete
Steel Wire Strand from Taiwan and Turkey—
Petitioners’ Allegation of Critical Circumstances,’’
dated September 2, 2020.
10 See Commerce’s Letter dated September 2,
2020.
11 See Commerce’s Letter dated September 3,
2020.
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61723
additional U.S. import data.12 The
petitioners did not file a critical
circumstances allegation with respect to
Argentina, Saudi Arabia, or the UAE.
Section 733(e)(1) of the Act provides
that Commerce will preliminarily
determine that critical circumstances
exist in an LTFV investigation if there
is a reasonable basis to believe or
suspect that: (A) There is a history of
dumping and material injury by reason
of dumped imports in the United States
or elsewhere of the subject merchandise,
or the person by whom, or for whose
account, the merchandise was imported
knew or should have known that the
exporter was selling the subject
merchandise at less than its fair value
and that there was likely to be material
injury by reason of such sales; and (B)
there have been massive imports of the
subject merchandise over a relatively
short period. We preliminarily
determine that critical circumstances
exist with respect to imports of PC
strand exported by (1) Knight SAS from
Colombia; (2) United Wires Company
Elsewedy and all other producers/
exporters from Egypt; (3) Nedri
Spanstaal BV from the Netherlands; and
(4) Celik Halat, Gu¨ney Celik, and all
other producers/exporters from
Turkey.13
All-Others Rate
Sections 733(d)(1)(ii) of the Act
provides that in the preliminary
determination Commerce shall
determine an estimated all-others rate
for all exporters and producers not
individually investigated, in accordance
with section 735(c)(5) of the Act.
Section 735(c)(5)(A) of the Act states
that generally the estimated rate for all
others shall be an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act. The estimated
weighted-average dumping margins in
these preliminary determinations were
determined entirely under section 776
of the Act. In cases where no weightedaverage dumping margins other than
zero, de minimis, or those determined
entirely under section 776 of the Act
have been established for individually
examined entities, in accordance with
12 See Celik Halat’s Letter, ‘‘Pre-Stressed Concrete
Steel Wire Strand from Turkey: Initial Critical
Circumstances Response of Celik Halat ve Tel
Sanayi A.S.,’’ dated September 4, 2020; and
Addendum to Allegation.
13 For a full description of Commerce’s
preliminary critical circumstances determinations,
see the Preliminary Decision Memoranda.
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section 735(c)(5)(B) of the Act,
Commerce typically averages the
margins alleged in the petitions and
applies the results to all other entities
not individually examined.
With respect to Argentina, in the
Petitions,14 the petitioners calculated
only one margin. Therefore, for the allothers rate in the investigation covering
PC strand from Argentina, we
preliminarily assigned the only margin
alleged for subject merchandise from
Argentina in the Petitions, which is
60.40 percent.15
With respect to Colombia, in the
Petitions,16 the petitioners calculated
only one margin. Therefore, for the allothers rate in the investigation covering
PC strand from Colombia, we
preliminarily assigned the only margin
alleged for subject merchandise from
Colombia in the Petitions, as
recalculated for the purposes of
initiation, which is 86.09 percent.17
With respect to Egypt, in the
Petitions,18 the petitioners calculated
only one margin. Therefore, for the allothers rate in the investigation covering
PC strand from Egypt, we preliminarily
assigned the only margin alleged for
subject merchandise from Egypt in the
Petitions, as recalculated for the
purposes of initiation, which is 29.72
percent.19
14 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 United Arab Emirates—
Petition for the Imposition of Antidumping and
Countervailing Duties,’’ dated April 16, 2020 (the
Petitions) at Volume II; and AD Investigation
Initiation Checklist: Prestressed Concrete Steel Wire
Strand from Argentina (May 6, 2020).
15 See, e.g., Notice of Final Determination of Sales
at Less Than Fair Value: Sodium Nitrite from the
Federal Republic of Germany, 73 FR 38986, 38987
(July 8, 2008), and accompanying Issues and
Decision Memorandum at Comment 2; and AD
Investigation Initiation Checklist: Argentina.
16 See Petitions at Volume III.
17 We note that the petitioners revised the
calculated rate from that submitted in the Petitions.
See Petitions at Volume III; and 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
United Arab Emirates—Petitioners’ Amendment to
Volume III Related to Antidumping Duties from
Colombia,’’ dated April 27, 2020 at 4 and Exhibit
AD–CO–SUPP–3; and AD Investigation Initiation
Checklist: Colombia.
18 See Petitions at Volume IV.
19 We note that the petitioners revised the
calculated rate from that submitted in the Petitions.
See Petitions at Volume IV; 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
United Arab Emirates—Petitioners’ Amendment to
Volume IV Related to Antidumping Duties from
Egypt,’’ dated April 27, 2020 at 4 and Exhibit AD–
EG–SUPP–2; and AD Investigation Initiation
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With respect to the Netherlands, in
the Petitions,20 the petitioners
calculated only one margin. Therefore,
for the all-others rate in the
investigation covering PC strand from
the Netherlands, we preliminarily
assigned the only margin alleged for
subject merchandise from the
Netherlands in the Petitions, which is
30.86 percent.21
With respect to Saudi Arabia, in the
Petitions,22 the petitioners calculated
only one margin. Therefore, for the allothers rate in the investigation covering
PC strand from Saudi Arabia, we
preliminarily assigned the only margin
alleged for subject merchandise from
Saudi Arabia in the Petitions, which is
194.40 percent.23
With respect to Turkey, in the
Petitions,24 the petitioners calculated
only one margin. Therefore, for the allothers rate in the investigation covering
PC strand from Turkey, we
preliminarily assigned the only margin
alleged for subject merchandise from
Turkey in the Petitions, which is 53.65
percent.25
With respect to the UAE, in the
Petitions,26 the petitioners calculated
only one margin. Therefore, for the allothers rate in the investigation covering
PC strand from the UAE, we
preliminarily assigned the only margin
alleged for subject merchandise from the
UAE in the petitions, as recalculated for
the purposes of initiation, which is
170.65 percent.27
Preliminary Determinations
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist during
the period April 1, 2019 through March
31, 2020:
Checklist: Prestressed Concrete Steel Wire Strand
from Egypt.
20 See Petitions at Volume VIII.
21 See AD Investigation Initiation Checklist:
Prestressed Concrete Steel Wire Strand from the
Netherlands.
22 See Petitions at Volume IX.
23 See AD Investigation Initiation Checklist:
Prestressed Concrete Steel Wire Strand from Saudi
Arabia.
24 See Petitions at Volume XIV.
25 See AD Investigation Initiation Checklist:
Prestressed Concrete Steel Wire Strand Turkey.
26 See Petitions at Volume XVI.
27 We note that the petitioners revised the
calculated rate from that submitted in the petitions.
See Petitions at Volume XVI; and 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
United Arab Emirates—Petitioners’ Amendment to
Volume XVI Related to Antidumping Duties from
the United Arab Emirates,’’ dated April 27, 2020 at
4 and Exhibit AD–AE–SUPP–3; and AD
Investigation Initiation Checklist: Prestressed
Concrete Steel Wire Strand from the United Arab
Emirates.
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ARGENTINA
Exporter/producer
Dumping
margin
(percent)
Acindar Industria (Argentina) de
Sinal S.A. ................................
All Others ....................................
60.40
60.40
COLOMBIA
Exporter/producer
Dumping
margin
(percent)
Knight SAS .................................
All Others ....................................
86.09
86.09
EGYPT
Exporter/producer
Dumping
margin
(percent)
United Wires Company
Elsewedy .................................
All Others ....................................
29.72
29.72
THE NETHERLANDS
Exporter/producer
Dumping
margin
(percent)
Nedri Spanstaal B.V. ..................
All Others ....................................
30.86
30.86
SAUDI ARABIA
Exporter/producer
Dumping
margin
(percent)
National Metal Manufacturing &
Casting Co. .............................
All Others ....................................
194.40
194.40
TURKEY
Exporter/producer
Dumping
margin
(percent)
Celik Halat ve Tel Sanayi A.S. ...
Gu¨ney C
¸ elik Hasir ve Demir .......
All Others ....................................
53.65
53.65
53.65
UNITED ARAB EMIRATES
Exporter/producer
GSS International Trading FZE ..
Gulf Steel Strands FZE ..............
All Others ....................................
Dumping
margin
(percent)
170.65
170.65
170.65
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
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Customs and Border Protection (CBP) to
suspend liquidation of all entries of PC
strand from Argentina, Colombia, Egypt,
the Netherlands, Saudi Arabia, Turkey,
and the UAE, as described in the ‘‘Scope
of the Investigations’’ in Appendix I,
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of this notice in the Federal
Register.
Further, section 733(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. In accordance with
733(e)(2)(A), suspension of liquidation
of PC strand from Colombia, Egypt, the
Netherlands, and Turkey as described in
the ‘‘Scope of the investigations’’ in
Appendix I, shall apply to unliquidated
entries of merchandise from imports of
PC strand exported by: (1) Knight SAS
from Colombia; (2) United Wires
Company Elsewedy and all other
producers/exporters from Egypt; (3)
Nedri Spanstaal BV from the
Netherlands; and (4) Celik Halat, Gu¨ney
Celik, and all other producers/exporters
from Turkey, that are entered, or
withdrawn from warehouse, for
consumption on or after the date which
is 90 days before the publication of this
notice, the date suspension of
liquidation is first ordered.
We will also instruct CBP, pursuant to
section 733(d)(1)(B) of the Act and 19
CFR 351.205(d) to require a cash deposit
equal to the margins indicated in the
charts above. These suspension of
liquidation instructions will remain in
effect until further notice.
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Verification
Because each mandatory respondent
in these investigations did not act to the
best of their ability to provide
information requested by Commerce,
and Commerce preliminarily determines
each of the mandatory respondents to be
uncooperative, we will not conduct
verifications.
Disclosure
Normally, Commerce discloses to
interested parties the calculations
performed in connection with a
preliminary determination within five
days of any public announcement or, if
there is no public announcement,
within five days of the date of
publication of the notice of preliminary
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determination in the Federal Register,
in accordance with 19 CFR 351.224(b).
However, because Commerce
preliminarily applied AFA to each
mandatory respondent in these
investigations, in accordance with
section 776 of the Act, there are no
calculations to disclose.
Public Comment
Interested parties are invited to
comment on these preliminary
determinations no later than 30 days
after the date of publication of these
preliminary determinations.28 Rebuttal
briefs, limited to issues raised in case
briefs, may be submitted no later than
seven days after the deadline date for
case briefs.29 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
these proceedings 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: (1) The party’s name,
address, and telephone number; (2) the
number of participants and whether any
participant is a foreign national; and (3)
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.
An electronically-filed document
must be received successfully in its
entirety by ACCESS by 5:00 p.m.
Eastern Time on the established
deadline. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.30
Final Determinations
Section 735(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.
28 See 19 CFR 351.309(c)(1)(i); see also 19 CFR
351.303 (for general filing requirements).
29 See 19 CFR 351.309(d); see also 19 CFR 351.303
(for general filing requirements).
30 See 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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61725
Accordingly, Commerce will make its
final determinations no later than 75
days after the signature date of these
preliminary determinations.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
our affirmative preliminary
determinations. If our final
determinations are affirmative, the ITC
will determine before the later of 120
days after the date of these preliminary
determinations or 45 days after our final
determinations whether these imports
are materially injuring, or threaten
material injury to, the U.S. industry.
Notification to Interested Parties
These determinations are issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: September 23, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
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.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memoranda
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigations
V. Application of Facts Available, Use of
Adverse Inferences, and Calculation of
All-Others Rate
VI. Preliminary Critical Circumstances
Findings
E:\FR\FM\30SEN1.SGM
30SEN1
61726
Federal Register / Vol. 85, No. 190 / Wednesday, September 30, 2020 / Notices
VII. Conclusion
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 the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
[FR Doc. 2020–21546 Filed 9–29–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–868]
Prestressed Concrete Steel Wire
Strand From Taiwan: Preliminary
Affirmative Determination of Sales at
Less Than Fair Value and Negative
Preliminary Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that prestressed concrete steel wire
strand (PC strand) from Taiwan is being,
or is likely to be, sold in the United
States at less than fair value (LTFV). The
period of investigation (POI) is April 1,
2019 through March 31, 2020. Interested
parties are invited to comment on this
preliminary determination.
DATES: Applicable September 30, 2020.
FOR FURTHER INFORMATION CONTACT: Joy
Zhang or John Hoffner, AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, telephone:
(202) 482–1168 or (202) 482–3315,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
jbell on DSKJLSW7X2PROD with NOTICES
Background
This preliminary determination is
made in accordance with section 733(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 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
Memorandum.2 A list of topics included
in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
1 See 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, 85
FR 28605 (May 13, 2020) (Initiation Notice).
2 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in Less-Than-FairValue Investigation of Prestressed Concrete Steel
Wire Strand from Taiwan,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
VerDate Sep<11>2014
17:36 Sep 29, 2020
Jkt 250001
Scope of the Investigation
The product covered by this
investigation is PC strand from Taiwan.
For a complete description of the scope
of this investigation, see Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,3 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).4 No interested
party commented on the scope of the
investigation as it appeared in the
Initiation Notice. Therefore, Commerce
is not preliminarily modifying the scope
language as it appeared in the Initiation
Notice. See the scope in Appendix I to
this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Pursuant to section
776(a) and (b) of the Act, Commerce has
preliminarily relied upon facts
otherwise available, with adverse
inferences, for Chia Ta World Co., Ltd.
(Chia Ta). For a full description of the
methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
Preliminary Negative Determination of
Critical Circumstances
In accordance with section 733(e) of
the Act and 19 CFR 351.206, Commerce
preliminarily determines that critical
circumstances do not exist for Chia Ta
and all other producers/exporters of PC
strand from Taiwan. For a full
description of the methodology and
results of Commerce’s critical
circumstances analysis, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that in the
preliminary determination Commerce
shall determine an estimated all-others
rate for all exporters and producers not
3 See Antidumping Duties; Countervailing Duties;
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
4 See Initiation Notice, 85 FR at 28606.
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
individually investigated. This rate shall
be an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
Pursuant to section 735(c)(5)(B) of the
Act, if the estimated weighted-average
dumping margins established for all
exporters and producers individually
examined are zero, de minimis, or
determined based entirely on facts
otherwise available, Commerce may use
any reasonable method to establish the
estimated weighted-average dumping
margin for all other producers or
exporters. Commerce has preliminarily
determined the estimated weightedaverage dumping margin for Chia Ta,
the sole mandatory respondent, under
section 776 of the Act. Consequently,
pursuant to section 735(c)(5)(B) of the
Act, Commerce’s normal practice under
these circumstances has been to
calculate the all-others rate as a simple
average of the alleged dumping margins
from the petition. With respect to
Taiwan, in the Petitions,5 the
petitioners 6 alleged only one margin.
Therefore, we have preliminarily
assigned the only margin alleged for
subject merchandise from Taiwan in the
Petitions, which is 23.89 percent, to all
other producers/exporters.7
Preliminary Determination
Commerce preliminarily determines
that the following estimated dumping
margins exist during the period April 1,
2019 through March 31, 2020:
Exporter/producer
Estimated
dumping
margin
(percent)
Chia Ta World Co., Ltd *** ..........
All Others ....................................
23.89
23.89
*** Adverse Facts Available (AFA).
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
5 See Petitioner’s Letter, ‘‘Prestressed Concrete
Steel Wire Strand from Argentina, Colombia, Egypt,
Indonesia, Italy, Malaysia, Netherlands, Saudi
Arabia, South Africa, Spain, Taiwan, Tunisia,
Turkey, Ukraine, and United Arab Emirates—
Petition for the Imposition of Antidumping and
Countervailing Duties,’’ dated April 16, 2020 (the
Petitions) at Volume XII; see also AD Investigation
Initiation Checklist: Prestressed Concrete Steel Wire
Strand from Taiwan, dated May 6, 2020 (AD
Checklist).
6 Insteel Wire Products Company, Sumiden Wire
Products Corporation, and Wire Mesh Corporation
(collectively, the petitioners).
7 See AD Checklist.
E:\FR\FM\30SEN1.SGM
30SEN1
Agencies
[Federal Register Volume 85, Number 190 (Wednesday, September 30, 2020)]
[Notices]
[Pages 61722-61726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21546]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-822, A-301-804, A-729-804, A-421-814, A-517-806, A-489-842, A-
520-809]
Prestressed Concrete Steel Wire Strand From Argentina, Colombia,
Egypt, the Netherlands, Saudi Arabia, the Republic of Turkey, and the
United Arab Emirates: Preliminary Affirmative Determinations of Sales
at Less Than Fair Value and Preliminary Affirmative Critical
Circumstances Determinations, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that prestressed concrete steel wire strand (PC strand) from Argentina,
Colombia, Egypt, the Netherlands, Saudi Arabia, the Republic of Turkey
(Turkey), and the United Arab Emirates (UAE) is being, or is likely to
be, sold in the United States at less than fair value (LTFV). The
period of investigation (POI) is April 1, 2019 through March 31, 2020.
The estimated margins of sales at LTFV are shown in the ``Preliminary
Determinations'' section of this notice. Interested parties are invited
to comment on these preliminary determinations.
DATES: Applicable September 30, 2020.
FOR FURTHER INFORMATION CONTACT: Kabir Archuletta at (202) 482-2593
(Argentina); Hermes Pinilla at (202) 482-3477 (Colombia); David Crespo
at (202) 482-3693 (Egypt); Bryan Hansen at (202) 482-3683 (the
Netherlands); Drew Jackson at (202) 482-4406 (Saudi Arabia); David
Goldberger at (202) 482-4136 (Turkey); and Charles Doss at (202) 482-
4474 (UAE), AD/CVD Operations, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the notice of initiation of these investigations
on May 13, 2020.\1\ Acindar Industria De Sinal S.A. (Acindar) is the
sole mandatory respondent in the investigation covering PC strand from
Argentina; Knight S.A.S. (Knight SAS) is the sole mandatory respondent
in the investigation covering PC strand from Colombia; United Wires
Company Elsewedy is the sole mandatory respondent in the investigation
covering PC strand from Egypt; Nedri Spanstaal BV is the sole mandatory
respondent in the investigation covering PC strand from the
Netherlands; National Metal Manufacturing & Casting Co. (National Metal
Manufacturing) is the sole mandatory respondent in the investigation
covering PC strand from Saudi Arabia; Celik Halat ve Tel Sanayi A.S.
(Celik Halat) and G[uuml]ney [Ccedil]elik Hasir ve Demir (G[uuml]ney
Celik) are the mandatory respondents in the investigation covering PC
strand from Turkey; and GSS International Trading FZE (GSS) and Gulf
Steel Strands FZE (Gulf Steel) are the mandatory respondents in the
investigation covering PC strand from the UAE. For a complete
description of the events that followed the initiation of these
investigations, see the Preliminary Decision Memoranda.\2\ A list of
topics
[[Page 61723]]
included in the Preliminary Decision Memoranda is included as Appendix
II to this notice. The Preliminary Decision Memoranda are public
documents and are made available to the public 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 Memoranda can be accessed directly at https://enforcement.trade.gov/frn/. The signed and the electronic versions of
the Preliminary Decision Memoranda are identical in content.
---------------------------------------------------------------------------
\1\ See Prestressed Concrete Steel Wire Strand from Argentina,
Colombia, Egypt, Indonesia, Italy, Malaysia, the Netherlands, Saudi
Arabia, Spain, Taiwan, Tunisia, the Republic of Turkey, Ukraine, and
the United Arab Emirates: Initiation of Less-Than-Fair Value
Investigations, 85 FR 28605 (May 13, 2020) (Initiation Notice).
\2\ See Memorandum, ``Decision Memorandum for the Preliminary
Determinations in the Less-Than-Fair-Value Investigations of
Prestressed Concrete Steel Wire Strand from Argentina, Colombia,
Egypt, the Netherlands, Saudi Arabia, Taiwan and the United Arab
Emirates'' dated concurrently with this notice; and Memorandum,
``Decision Memorandum for the Preliminary Determination in the Less-
Than-Fair Value Investigation of Prestressed Concrete Steel Wire
Strand from Turkey,'' dated concurrently with, and hereby adopted
by, this notice (collectively, Preliminary Decision Memoranda).
---------------------------------------------------------------------------
Scope of the Investigations
The product covered by these investigations is PC strand. For a
full description of the scope of these investigations, see the ``Scope
of the Investigations,'' in Appendix I of this notice.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\3\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\4\ However, Commerce
received no comments on the scope of these investigations from
interested parties.
---------------------------------------------------------------------------
\3\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\4\ See Initiation Notice, 85 FR at 28606.
---------------------------------------------------------------------------
Methodology
Commerce is conducting these investigations in accordance with
section 731 of the Tariff Act of 1930, as amended (the Act). Pursuant
to sections 776(a) and (b) of the Act, Commerce has preliminarily
relied upon facts otherwise available to assign estimated weighted-
average dumping margins to the mandatory respondents in these seven
investigations because none of the respondents either submitted a
response to Commerce's antidumping duty questionnaire, or submitted a
timely response to Commerce's antidumping duty questionnaire. Further,
Commerce is preliminarily determining that these mandatory respondents
failed to cooperate by not acting to the best of their ability to
comply with a request for information and is using an adverse inference
when selecting from among the facts otherwise available (i.e., applying
adverse facts available (AFA)) to these respondents, in accordance with
section 776(b) of Act. For a full description of the methodology
underlying our preliminary determinations, see the Preliminary Decision
Memoranda.
Critical Circumstances
On August 24, 2020, the petitioners \5\ timely filed critical
circumstances allegations, pursuant to section 733(e)(1) of the Act and
19 CFR 351.206(c)(1), alleging that critical circumstances exist with
respect to imports of the subject merchandise from Colombia, Egypt, and
the Netherlands.\6\ On August 28, 2020, Commerce requested that the
petitioners file an addendum to their critical circumstances
allegation.\7\ In response, the petitioners filed an addendum providing
the requested additional U.S. import data.\8\ We received no rebuttal
information from interested parties.
---------------------------------------------------------------------------
\5\ The petitioners are Insteel Wire Products Company, Sumiden
Wire Products Corporation, and Wire Mesh Corporation (collectively,
the petitioners).
\6\ See Petitioners' Letter, ``Prestressed Concrete Steel Wire
Strand from Colombia, Egypt, and Netherlands--Petitioners'
Allegation of Critical Circumstances,'' dated August 24, 2020.
\7\ See Commerce's Letter dated August 28, 2020. Commerce asked
the petitioners to provide U.S. import data for subject merchandise
from Colombia, Egypt, and the Netherlands for February 2020 through
April 2020, as the base period, and import data for May 2020 through
July 2020, as the comparison period. Commerce also provided an
opportunity for interested parties other than the petitioners to
submit factual information to rebut, clarify, or correct factual
information in the addendum.
\8\ See Petitioners' Letter, ``Prestressed Concrete Steel Wire
Strand from Colombia, Egypt, the Netherlands, Taiwan and Turkey--
Petitioners' Updated Import Volume Data for Their Critical
Circumstances Allegations,'' dated September 8, 2020 (Addendum to
Allegation).
---------------------------------------------------------------------------
On September 2, 2020, the petitioners timely filed a critical
circumstances allegation, pursuant to section 733(e)(1) of the Act and
19 CFR 351.206(c)(1), alleging that critical circumstances exist with
respect to imports of the PC strand from Turkey.\9\ Also on September
2, 2020, Commerce requested that Celik Halat provide monthly quantity
and value (Q&V) data.\10\ On September 3, 2020, Commerce requested that
the petitioners file an addendum to their critical circumstances
allegation.\11\ In response, Celik Halat filed the requested Q&V data
and the petitioners filed an addendum providing the requested
additional U.S. import data.\12\ The petitioners did not file a
critical circumstances allegation with respect to Argentina, Saudi
Arabia, or the UAE.
---------------------------------------------------------------------------
\9\ See Petitioners' Letter, ``Prestressed Concrete Steel Wire
Strand from Taiwan and Turkey--Petitioners' Allegation of Critical
Circumstances,'' dated September 2, 2020.
\10\ See Commerce's Letter dated September 2, 2020.
\11\ See Commerce's Letter dated September 3, 2020.
\12\ See Celik Halat's Letter, ``Pre-Stressed Concrete Steel
Wire Strand from Turkey: Initial Critical Circumstances Response of
Celik Halat ve Tel Sanayi A.S.,'' dated September 4, 2020; and
Addendum to Allegation.
---------------------------------------------------------------------------
Section 733(e)(1) of the Act provides that Commerce will
preliminarily determine that critical circumstances exist in an LTFV
investigation if there is a reasonable basis to believe or suspect
that: (A) There is a history of dumping and material injury by reason
of dumped imports in the United States or elsewhere of the subject
merchandise, or the person by whom, or for whose account, the
merchandise was imported knew or should have known that the exporter
was selling the subject merchandise at less than its fair value and
that there was likely to be material injury by reason of such sales;
and (B) there have been massive imports of the subject merchandise over
a relatively short period. We preliminarily determine that critical
circumstances exist with respect to imports of PC strand exported by
(1) Knight SAS from Colombia; (2) United Wires Company Elsewedy and all
other producers/exporters from Egypt; (3) Nedri Spanstaal BV from the
Netherlands; and (4) Celik Halat, G[uuml]ney Celik, and all other
producers/exporters from Turkey.\13\
---------------------------------------------------------------------------
\13\ For a full description of Commerce's preliminary critical
circumstances determinations, see the Preliminary Decision
Memoranda.
---------------------------------------------------------------------------
All-Others Rate
Sections 733(d)(1)(ii) of the Act provides that in the preliminary
determination Commerce shall determine an estimated all-others rate for
all exporters and producers not individually investigated, in
accordance with section 735(c)(5) of the Act. Section 735(c)(5)(A) of
the Act states that generally the estimated rate for all others shall
be an amount equal to the weighted average of the estimated weighted-
average dumping margins established for exporters and producers
individually investigated, excluding any zero and de minimis margins,
and any margins determined entirely under section 776 of the Act. The
estimated weighted-average dumping margins in these preliminary
determinations were determined entirely under section 776 of the Act.
In cases where no weighted-average dumping margins other than zero, de
minimis, or those determined entirely under section 776 of the Act have
been established for individually examined entities, in accordance with
[[Page 61724]]
section 735(c)(5)(B) of the Act, Commerce typically averages the
margins alleged in the petitions and applies the results to all other
entities not individually examined.
With respect to Argentina, in the Petitions,\14\ the petitioners
calculated only one margin. Therefore, for the all-others rate in the
investigation covering PC strand from Argentina, we preliminarily
assigned the only margin alleged for subject merchandise from Argentina
in the Petitions, which is 60.40 percent.\15\
---------------------------------------------------------------------------
\14\ 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 United Arab Emirates--Petition for the
Imposition of Antidumping and Countervailing Duties,'' dated April
16, 2020 (the Petitions) at Volume II; and AD Investigation
Initiation Checklist: Prestressed Concrete Steel Wire Strand from
Argentina (May 6, 2020).
\15\ See, e.g., Notice of Final Determination of Sales at Less
Than Fair Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 38986, 38987 (July 8, 2008), and accompanying Issues
and Decision Memorandum at Comment 2; and AD Investigation
Initiation Checklist: Argentina.
---------------------------------------------------------------------------
With respect to Colombia, in the Petitions,\16\ the petitioners
calculated only one margin. Therefore, for the all-others rate in the
investigation covering PC strand from Colombia, we preliminarily
assigned the only margin alleged for subject merchandise from Colombia
in the Petitions, as recalculated for the purposes of initiation, which
is 86.09 percent.\17\
---------------------------------------------------------------------------
\16\ See Petitions at Volume III.
\17\ We note that the petitioners revised the calculated rate
from that submitted in the Petitions. See Petitions at Volume III;
and 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 United Arab Emirates--Petitioners' Amendment to
Volume III Related to Antidumping Duties from Colombia,'' dated
April 27, 2020 at 4 and Exhibit AD-CO-SUPP-3; and AD Investigation
Initiation Checklist: Colombia.
---------------------------------------------------------------------------
With respect to Egypt, in the Petitions,\18\ the petitioners
calculated only one margin. Therefore, for the all-others rate in the
investigation covering PC strand from Egypt, we preliminarily assigned
the only margin alleged for subject merchandise from Egypt in the
Petitions, as recalculated for the purposes of initiation, which is
29.72 percent.\19\
---------------------------------------------------------------------------
\18\ See Petitions at Volume IV.
\19\ We note that the petitioners revised the calculated rate
from that submitted in the Petitions. See Petitions at Volume IV;
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 United Arab Emirates--Petitioners' Amendment to Volume IV
Related to Antidumping Duties from Egypt,'' dated April 27, 2020 at
4 and Exhibit AD-EG-SUPP-2; and AD Investigation Initiation
Checklist: Prestressed Concrete Steel Wire Strand from Egypt.
---------------------------------------------------------------------------
With respect to the Netherlands, in the Petitions,\20\ the
petitioners calculated only one margin. Therefore, for the all-others
rate in the investigation covering PC strand from the Netherlands, we
preliminarily assigned the only margin alleged for subject merchandise
from the Netherlands in the Petitions, which is 30.86 percent.\21\
---------------------------------------------------------------------------
\20\ See Petitions at Volume VIII.
\21\ See AD Investigation Initiation Checklist: Prestressed
Concrete Steel Wire Strand from the Netherlands.
---------------------------------------------------------------------------
With respect to Saudi Arabia, in the Petitions,\22\ the petitioners
calculated only one margin. Therefore, for the all-others rate in the
investigation covering PC strand from Saudi Arabia, we preliminarily
assigned the only margin alleged for subject merchandise from Saudi
Arabia in the Petitions, which is 194.40 percent.\23\
---------------------------------------------------------------------------
\22\ See Petitions at Volume IX.
\23\ See AD Investigation Initiation Checklist: Prestressed
Concrete Steel Wire Strand from Saudi Arabia.
---------------------------------------------------------------------------
With respect to Turkey, in the Petitions,\24\ the petitioners
calculated only one margin. Therefore, for the all-others rate in the
investigation covering PC strand from Turkey, we preliminarily assigned
the only margin alleged for subject merchandise from Turkey in the
Petitions, which is 53.65 percent.\25\
---------------------------------------------------------------------------
\24\ See Petitions at Volume XIV.
\25\ See AD Investigation Initiation Checklist: Prestressed
Concrete Steel Wire Strand Turkey.
---------------------------------------------------------------------------
With respect to the UAE, in the Petitions,\26\ the petitioners
calculated only one margin. Therefore, for the all-others rate in the
investigation covering PC strand from the UAE, we preliminarily
assigned the only margin alleged for subject merchandise from the UAE
in the petitions, as recalculated for the purposes of initiation, which
is 170.65 percent.\27\
---------------------------------------------------------------------------
\26\ See Petitions at Volume XVI.
\27\ We note that the petitioners revised the calculated rate
from that submitted in the petitions. See Petitions at Volume XVI;
and 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 United Arab Emirates--Petitioners' Amendment to
Volume XVI Related to Antidumping Duties from the United Arab
Emirates,'' dated April 27, 2020 at 4 and Exhibit AD-AE-SUPP-3; and
AD Investigation Initiation Checklist: Prestressed Concrete Steel
Wire Strand from the United Arab Emirates.
---------------------------------------------------------------------------
Preliminary Determinations
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist during the period April 1, 2019
through March 31, 2020:
Argentina
------------------------------------------------------------------------
Dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
Acindar Industria (Argentina) de Sinal S.A.................. 60.40
All Others.................................................. 60.40
------------------------------------------------------------------------
Colombia
------------------------------------------------------------------------
Dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
Knight SAS.................................................. 86.09
All Others.................................................. 86.09
------------------------------------------------------------------------
Egypt
------------------------------------------------------------------------
Dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
United Wires Company Elsewedy............................... 29.72
All Others.................................................. 29.72
------------------------------------------------------------------------
The Netherlands
------------------------------------------------------------------------
Dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
Nedri Spanstaal B.V......................................... 30.86
All Others.................................................. 30.86
------------------------------------------------------------------------
Saudi Arabia
------------------------------------------------------------------------
Dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
National Metal Manufacturing & Casting Co................... 194.40
All Others.................................................. 194.40
------------------------------------------------------------------------
Turkey
------------------------------------------------------------------------
Dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
Celik Halat ve Tel Sanayi A.S............................... 53.65
G[uuml]ney [Ccedil]elik Hasir ve Demir...................... 53.65
All Others.................................................. 53.65
------------------------------------------------------------------------
United Arab Emirates
------------------------------------------------------------------------
Dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
GSS International Trading FZE............................... 170.65
Gulf Steel Strands FZE...................................... 170.65
All Others.................................................. 170.65
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S.
[[Page 61725]]
Customs and Border Protection (CBP) to suspend liquidation of all
entries of PC strand from Argentina, Colombia, Egypt, the Netherlands,
Saudi Arabia, Turkey, and the UAE, as described in the ``Scope of the
Investigations'' in Appendix I, entered, or withdrawn from warehouse,
for consumption on or after the date of publication of this notice in
the Federal Register.
Further, section 733(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. In accordance with
733(e)(2)(A), suspension of liquidation of PC strand from Colombia,
Egypt, the Netherlands, and Turkey as described in the ``Scope of the
investigations'' in Appendix I, shall apply to unliquidated entries of
merchandise from imports of PC strand exported by: (1) Knight SAS from
Colombia; (2) United Wires Company Elsewedy and all other producers/
exporters from Egypt; (3) Nedri Spanstaal BV from the Netherlands; and
(4) Celik Halat, G[uuml]ney Celik, and all other producers/exporters
from Turkey, that are entered, or withdrawn from warehouse, for
consumption on or after the date which is 90 days before the
publication of this notice, the date suspension of liquidation is first
ordered.
We will also instruct CBP, pursuant to section 733(d)(1)(B) of the
Act and 19 CFR 351.205(d) to require a cash deposit equal to the
margins indicated in the charts above. These suspension of liquidation
instructions will remain in effect until further notice.
Verification
Because each mandatory respondent in these investigations did not
act to the best of their ability to provide information requested by
Commerce, and Commerce preliminarily determines each of the mandatory
respondents to be uncooperative, we will not conduct verifications.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a preliminary determination within five
days of any public announcement or, if there is no public announcement,
within five days of the date of publication of the notice of
preliminary determination in the Federal Register, in accordance with
19 CFR 351.224(b). However, because Commerce preliminarily applied AFA
to each mandatory respondent in these investigations, in accordance
with section 776 of the Act, there are no calculations to disclose.
Public Comment
Interested parties are invited to comment on these preliminary
determinations no later than 30 days after the date of publication of
these preliminary determinations.\28\ Rebuttal briefs, limited to
issues raised in case briefs, may be submitted no later than seven days
after the deadline date for case briefs.\29\ Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal
briefs in these proceedings 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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\28\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for
general filing requirements).
\29\ See 19 CFR 351.309(d); see also 19 CFR 351.303 (for general
filing requirements).
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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:
(1) The party's name, address, and telephone number; (2) the number of
participants and whether any participant is a foreign national; and (3)
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.
An electronically-filed document must be received successfully in
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline. Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\30\
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\30\ See 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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Final Determinations
Section 735(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. Accordingly, Commerce will make
its final determinations no later than 75 days after the signature date
of these preliminary determinations.
International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of our affirmative preliminary
determinations. If our final determinations are affirmative, the ITC
will determine before the later of 120 days after the date of these
preliminary determinations or 45 days after our final determinations
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
These determinations are issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: September 23, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
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.
Appendix II
List of Topics Discussed in the Preliminary Decision Memoranda
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigations
V. Application of Facts Available, Use of Adverse Inferences, and
Calculation of All-Others Rate
VI. Preliminary Critical Circumstances Findings
[[Page 61726]]
VII. Conclusion
[FR Doc. 2020-21546 Filed 9-29-20; 8:45 am]
BILLING CODE 3510-DS-P