Prestressed Concrete Steel Wire Strand From Indonesia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, Postponement of Final Determination, and Extension of Provisional Measures, 73676-73679 [2020-25482]
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Federal Register / Vol. 85, No. 224 / Thursday, November 19, 2020 / Notices
containing business proprietary
information until further notice.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 hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm by telephone the date and time
of the hearing two days before the
scheduled date of the hearing.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
exporters for postponement of the final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On November 3, 2020, pursuant to 19
CFR 351.210(e), Scaw requested that
Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.8 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) The
7 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 17006
(March 26, 2020); and Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID–19;
Extension of Effective Period, 85 FR 41363 (July 10,
2020).
8 See Scaw’s Letter, ‘‘Request to Extend Final
Determination,’’ dated November 3, 2020.
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preliminary determination is
affirmative; (2) the requesting exporter
accounts for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination.
Appendix II
International Trade Commission
Notification
DEPARTMENT OF COMMERCE
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary 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 whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act, and 19
CFR 351.205(c).
Dated: November 12, 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.
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List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2020–25485 Filed 11–18–20; 8:45 am]
BILLING CODE 3510–DS–P
International Trade Administration
[A–560–837]
Prestressed Concrete Steel Wire
Strand From Indonesia: Preliminary
Affirmative Determination of Sales at
Less Than Fair Value, Preliminary
Affirmative Determination of Critical
Circumstances, in Part, Postponement
of Final Determination, and Extension
of Provisional Measures
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 Indonesia is
being, or is likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation is
April 1, 2019 through March 31, 2020.
Interested parties are invited to
comment on this preliminary
determination.
DATES: Applicable November 19, 2020.
FOR FURTHER INFORMATION CONTACT:
Abdul Alnoor or Drew Jackson, AD/CVD
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4554 or (202) 482–4406,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
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 On September 8,
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).
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Federal Register / Vol. 85, No. 224 / Thursday, November 19, 2020 / Notices
2020, Commerce postponed the
preliminary determination in this
investigation and the revised deadline is
now November 12, 2020.2 For a
complete description of the events that
followed the initiation of this
investigation, see the Preliminary
Decision Memorandum.3 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
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.
Scope of the Investigation
The product covered by this
investigation is PC Strand from
Indonesia. For a complete description of
the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the Preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 No interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice. 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. Commerce calculated
export prices in accordance with section
2 Prestressed Concrete Steel Wire Strand from
Indonesia, Italy, Malaysia, South Africa, Spain,
Tunisia, and Ukraine: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value
Investigations, 85 FR 55413 (September 8, 2020).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Prestressed Concrete
Steel Wire Strand from Indonesia,’’ (Preliminary
Decision Memorandum) from James Maeder,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Jeffrey I.
Kessler, Assistant Secretary for Enforcement and
Compliance, dated concurrently with, and hereby
adopted by, this notice.
4 See Antidumping Duties; Countervailing Duties;
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
5 See Initiation Notice, 85 FR at 28606.
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772(a) of the Act. Commerce calculated
normal value in accordance with section
773 of the Act. Furthermore, pursuant to
section 776(a) and (b) of the Act,
Commerce has preliminarily relied
upon facts otherwise available, with
adverse inferences to determine the
margin assigned to PT. Bumi Steel
Indonesia (PT. Bumi). For a full
description of the methodology
underlying the preliminary
determination, see the Preliminary
Decision Memorandum.
Preliminary Affirmative Determination
of Critical Circumstances, in Part
In accordance with section 733(e) of
the Act and 19 CFR 351.206, Commerce
preliminarily finds that critical
circumstances exist for PT. Bumi, but
that critical circumstances do not exist
for all other producers and exporters in
Indonesia, including P.T. Kingdom
Indah (Kingdom Indah). 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
individually examined. 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 dumping margins,
and any dumping margins determined
entirely under section 776 of the Act.
In this investigation, Commerce
preliminarily assigned a rate based
entirely on facts available to PT. Bumi.
Therefore, the only rate that is not zero,
de minimis or based entirely on facts
otherwise available is the rate calculated
for Kingdom Indah. Consequently, the
rate calculated for Kingdom Indah is
also the rate assigned to all other
producers and exporters.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Estimated
weightedaverage
dumping
margin
(percent)
Exporter/producer
P.T. Kingdom Indah ..................
PT. Bumi Steel Indonesia 6 ......
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Fmt 4703
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2.96
** 72.28
Exporter/producer
All Others ..................................
73677
Estimated
weightedaverage
dumping
margin
(percent)
2.96
** (Based on total AFA).
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of entries of subject
merchandise from Kingdom Indah and
all other producers and exporters, as
described 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, pursuant to section
733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
estimated weighted-average dumping
margin or the estimated all-others rate,
as follows: (1) The cash deposit rate for
the respondents listed in the table above
will be equal to the company-specific
estimated weighted-average dumping
margins determined in this preliminary
determination; (2) if the exporter is not
a respondent identified in the table
above, but the producer is, then the cash
deposit rate will be equal to the
company-specific estimated weightedaverage dumping margin established for
that producer of the subject
merchandise; and (3) the cash deposit
rate for all other producers and
exporters will be equal to the all-others
estimated weighted-average dumping
margin.
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 subject
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. As noted above, Commerce
preliminarily finds that critical
circumstances exist for imports of
subject merchandise produced or
exported by PT. Bumi. In accordance
with section 733(e)(2)(A) of the Act, the
suspension of liquidation shall apply to
unliquidated entries of shipments of
subject merchandise from PT. Bumi that
were entered, or withdrawn from
6 Also referred to as PT. Bumi Nindyyacipta in
this proceeding.
E:\FR\FM\19NON1.SGM
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Federal Register / Vol. 85, No. 224 / Thursday, November 19, 2020 / Notices
warehouse, for consumption on or after
the date which is 90 days before the
publication of this notice.
These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this 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 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, with respect to Kingdom
Indah, we intend to take additional
steps in lieu of on-site verification.
Commerce will notify interested parties
of any additional documentation or
information required. Because PT. Bumi
did not provide information requested
by Commerce, and Commerce
preliminarily determines PT. Bumi to
have been uncooperative, we will not
conduct verification of PT. Bumi.
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 announced at a later
date. Rebuttal briefs, limited to issues
raised in case briefs, may be submitted
no later than seven days after the
deadline for case briefs.7 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.8 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
7 See
19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
8 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 17006
(March 26, 2020); and Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID–19;
Extension of Effective Period, 85 FR 41363 (July 10,
2020).
VerDate Sep<11>2014
19:40 Nov 18, 2020
Jkt 253001
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 and time
of the hearing two days before the
scheduled date of the hearing.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
exporters for postponement of the final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On November 2 and 4, 2020, pursuant
to 19 CFR 351.210(e), Insteel Wire
Products, Sumiden Wire Products
Corporation, and Wire Mesh Corp.
(collectively, petitioners) and Kingdom
Indah requested that Commerce
postpone the final determination and
that provisional measures be extended
to a period not to exceed six months.9
In accordance with section 735(a)(2)(A)
of the Act and 19 CFR 351.210(b)(2)(ii),
because: (1) The preliminary
determination is affirmative; (2) the
requesting exporter accounts for a
significant proportion of exports of the
subject merchandise; and (3) no
compelling reasons for denial exist,
Commerce is postponing the final
determination and extending the
provisional measures from a four-month
9 See Petitioners’ Letter, ‘‘Prestressed Concrete
Steel Wire Strand from Indonesia, Italy, Malaysia,
South Africa, Spain, Tunisia, and Ukraine—
Petitioners’ Request for Postponement of Final
Antidumping Determinations,’’ dated November 2,
2020; and Kingdom Indah’s Letter, ‘‘Prestressed
Concrete Steel Wire Strand from Indonesia—
Request to Postpone the Final Determination,’’
dated November 4, 2020.
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary 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 whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: November 12, 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. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Application of Facts Available and Use of
Adverse Inferences
VII. Critical Circumstances
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Federal Register / Vol. 85, No. 224 / Thursday, November 19, 2020 / Notices
VIII. Discussion of the Methodology
IX. Currency Conversion
X. Recommendation
[FR Doc. 2020–25482 Filed 11–18–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–843]
Prestressed Concrete Steel Wire
Strand From Italy: Preliminary
Affirmative Determination of Sales at
Less Than Fair Value, Preliminary
Negative Determination of Critical
Circumstances, Postponement of Final
Determination, and Extension of
Provisional Measures
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 Italy is being, or
is likely to be, sold in the United States
at less than fair value (LTFV). The
period of investigation is April 1, 2019
through March 31, 2020. Interested
parties are invited to comment on this
preliminary determination.
DATES: Applicable November 19, 2020.
FOR FURTHER INFORMATION CONTACT:
Stephanie Berger, 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) 482–2483.
SUPPLEMENTARY INFORMATION:
AGENCY:
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 On September 8,
2020, Commerce postponed the
preliminary determination of this
investigation and the revised deadline is
now November 12, 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
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 Prestressed Concrete Steel Wire Strand from
Indonesia, Italy, Malaysia, South Africa, Spain,
Tunisia, and Ukraine: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value
Investigations, 85 FR 55413 (September 8, 2020).
VerDate Sep<11>2014
19:40 Nov 18, 2020
Jkt 253001
Decision Memorandum.3 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
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.
Scope of the Investigation
The merchandise covered by this
investigation is PC strand from Italy. For
a complete description of the scope of
this investigation, see Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 However,
Commerce received no comments on the
scope of this investigation from
interested parties. 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. Commerce has
calculated export price in accordance
with section 772(a) of the Act. Normal
value is calculated in accordance with
section 773 of the Act. In addition,
pursuant to sections 776(a) and (b) of
the Act, Commerce has preliminarily
relied upon facts otherwise available,
with adverse inferences, to determine
the margin assigned to CB Trafilati
Acciai S.p.A. (CB). 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
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Prestressed Concrete
Steel Wire Strand from Italy,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice, 85 FR at 28606.
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73679
preliminarily finds that critical
circumstances do not exist for CB, WBO
Italcables Societa Cooperativa (WBO), or
all other producers and exporters. 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
individually examined. 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.
In this investigation, Commerce
preliminarily assigned a rate based
entirely on facts available to CB.
Therefore, the only rate that is not zero,
de minimis or based entirely on facts
otherwise available is the rate calculated
for WBO. Consequently, the rate
calculated for WBO is also assigned as
the rate for all other producers and
exporters.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Exporter/Producer
WBO Italcables Societa
Cooperativa ...........................
CB Trafilati Acciai S.p.A ...........
All Others ..................................
Estimated
weightedaverage
dumping
margin
(percent)
3.67
* 19.26
3.67
* (AFA).
Suspension of Liquidation
In accordance with section 733(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 Appendix
I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register.
Further, pursuant to section
733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
estimated weighted-average dumping
margin or the estimated all-others rate,
as follows: (1) The cash deposit rate for
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]]>Agencies
[Federal Register Volume 85, Number 224 (Thursday, November 19, 2020)]
[Notices]
[Pages 73676-73679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25482]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-837]
Prestressed Concrete Steel Wire Strand From Indonesia:
Preliminary Affirmative Determination of Sales at Less Than Fair Value,
Preliminary Affirmative Determination of Critical Circumstances, in
Part, Postponement of Final Determination, and Extension of Provisional
Measures
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 Indonesia
is being, or is likely to be, sold in the United States at less than
fair value (LTFV). The period of investigation is April 1, 2019 through
March 31, 2020. Interested parties are invited to comment on this
preliminary determination.
DATES: Applicable November 19, 2020.
FOR FURTHER INFORMATION CONTACT: Abdul Alnoor or Drew Jackson, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4554 or (202) 482-4406,
respectively.
SUPPLEMENTARY INFORMATION:
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\ On September 8,
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2020, Commerce postponed the preliminary determination in this
investigation and the revised deadline is now November 12, 2020.\2\ For
a complete description of the events that followed the initiation of
this investigation, see the Preliminary Decision Memorandum.\3\ 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 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.
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\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\ Prestressed Concrete Steel Wire Strand from Indonesia,
Italy, Malaysia, South Africa, Spain, Tunisia, and Ukraine:
Postponement of Preliminary Determinations in the Less-Than-Fair-
Value Investigations, 85 FR 55413 (September 8, 2020).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of
Prestressed Concrete Steel Wire Strand from Indonesia,''
(Preliminary Decision Memorandum) from James Maeder, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Jeffrey I. Kessler, Assistant Secretary for
Enforcement and Compliance, dated concurrently with, and hereby
adopted by, this notice.
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Scope of the Investigation
The product covered by this investigation is PC Strand from
Indonesia. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ No interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. Commerce is not preliminarily modifying the
scope language as it appeared in the Initiation Notice. See the scope
in Appendix I to this notice.
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\4\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\5\ See Initiation Notice, 85 FR at 28606.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce calculated export prices in accordance
with section 772(a) of the Act. Commerce calculated normal value in
accordance with section 773 of the Act. Furthermore, pursuant to
section 776(a) and (b) of the Act, Commerce has preliminarily relied
upon facts otherwise available, with adverse inferences to determine
the margin assigned to PT. Bumi Steel Indonesia (PT. Bumi). For a full
description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum.
Preliminary Affirmative Determination of Critical Circumstances, in
Part
In accordance with section 733(e) of the Act and 19 CFR 351.206,
Commerce preliminarily finds that critical circumstances exist for PT.
Bumi, but that critical circumstances do not exist for all other
producers and exporters in Indonesia, including P.T. Kingdom Indah
(Kingdom Indah). 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 individually
examined. This rate 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 dumping margins, and any dumping margins determined
entirely under section 776 of the Act.
In this investigation, Commerce preliminarily assigned a rate based
entirely on facts available to PT. Bumi. Therefore, the only rate that
is not zero, de minimis or based entirely on facts otherwise available
is the rate calculated for Kingdom Indah. Consequently, the rate
calculated for Kingdom Indah is also the rate assigned to all other
producers and exporters.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
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P.T. Kingdom Indah......................................... 2.96
PT. Bumi Steel Indonesia \6\............................... ** 72.28
All Others................................................. 2.96
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** (Based on total AFA).
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise from Kingdom Indah and all other
producers and exporters, as described in Appendix I, entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register.
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\6\ Also referred to as PT. Bumi Nindyyacipta in this
proceeding.
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Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP to require a cash deposit equal
to the estimated weighted-average dumping margin or the estimated all-
others rate, as follows: (1) The cash deposit rate for the respondents
listed in the table above will be equal to the company-specific
estimated weighted-average dumping margins determined in this
preliminary determination; (2) if the exporter is not a respondent
identified in the table above, but the producer is, then the cash
deposit rate will be equal to the company-specific estimated weighted-
average dumping margin established for that producer of the subject
merchandise; and (3) the cash deposit rate for all other producers and
exporters will be equal to the all-others estimated weighted-average
dumping margin.
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 subject 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. As noted above, Commerce
preliminarily finds that critical circumstances exist for imports of
subject merchandise produced or exported by PT. Bumi. In accordance
with section 733(e)(2)(A) of the Act, the suspension of liquidation
shall apply to unliquidated entries of shipments of subject merchandise
from PT. Bumi that were entered, or withdrawn from
[[Page 73678]]
warehouse, for consumption on or after the date which is 90 days before
the publication of this notice.
These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this 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 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, with respect to Kingdom Indah, we intend to
take additional steps in lieu of on-site verification. Commerce will
notify interested parties of any additional documentation or
information required. Because PT. Bumi did not provide information
requested by Commerce, and Commerce preliminarily determines PT. Bumi
to have been uncooperative, we will not conduct verification of PT.
Bumi.
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 announced at a
later date. Rebuttal briefs, limited to issues raised in case briefs,
may be submitted no later than seven days after the deadline for case
briefs.\7\ Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\8\ 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).
\8\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19, 85 FR 17006 (March 26, 2020); 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 and time of
the hearing two days before the scheduled date of the hearing.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On November 2 and 4, 2020, pursuant to 19 CFR 351.210(e), Insteel
Wire Products, Sumiden Wire Products Corporation, and Wire Mesh Corp.
(collectively, petitioners) and Kingdom Indah requested that Commerce
postpone the final determination and that provisional measures be
extended to a period not to exceed six months.\9\ In accordance with
section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because:
(1) The preliminary determination is affirmative; (2) the requesting
exporter accounts for a significant proportion of exports of the
subject merchandise; and (3) no compelling reasons for denial exist,
Commerce is postponing the final determination and extending the
provisional measures from a four-month period to a period not greater
than six months. Accordingly, Commerce will make its final
determination no later than 135 days after the date of publication of
this preliminary determination.
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\9\ See Petitioners' Letter, ``Prestressed Concrete Steel Wire
Strand from Indonesia, Italy, Malaysia, South Africa, Spain,
Tunisia, and Ukraine--Petitioners' Request for Postponement of Final
Antidumping Determinations,'' dated November 2, 2020; and Kingdom
Indah's Letter, ``Prestressed Concrete Steel Wire Strand from
Indonesia--Request to Postpone the Final Determination,'' dated
November 4, 2020.
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International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
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
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: November 12, 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. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Application of Facts Available and Use of Adverse Inferences
VII. Critical Circumstances
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VIII. Discussion of the Methodology
IX. Currency Conversion
X. Recommendation
[FR Doc. 2020-25482 Filed 11-18-20; 8:45 am]
BILLING CODE 3510-DS-P
