Prestressed Concrete Steel Wire Strand From Malaysia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 73685-73687 [2020-25484]
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Federal Register / Vol. 85, No. 224 / Thursday, November 19, 2020 / Notices
(LTFV). The period of investigation is
April 1, 2019 through March 31, 2020.
Interested parties are invited to
comment on this preliminary
determination.
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.
DATES:
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. Negative Preliminary Determination of
Critical Circumstances
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2020–25486 Filed 11–18–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–557–819]
Prestressed Concrete Steel Wire
Strand From Malaysia: Preliminary
Affirmative Determination of Sales at
Less Than Fair Value, 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 Malaysia is
being, or is likely to be, sold in the
United States at less than fair value
AGENCY:
VerDate Sep<11>2014
19:40 Nov 18, 2020
Jkt 253001
Applicable November 19, 2020.
FOR FURTHER INFORMATION CONTACT:
Justin Neuman or Kabir Archuletta, AD/
CVD Operations, Office V, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0486 or (202) 482–2593,
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,
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
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.
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 LessThan-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).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Prestressed Concrete
Steel Wire Strand from Malaysia,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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73685
Scope of the Investigation
The product covered by this
investigation is PC strand from
Malaysia. 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
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. 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 on facts otherwise available, with
adverse inferences, to determine the
margin assigned to Southern PC Steel
Sdn. Bhd. For a full description of the
methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(A)(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 margins, and any
margins determined entirely under
section 776 of the Act.
Commerce calculated individual
estimated weighted-average dumping
margins for the two producers/exporters
participating in this investigation,
Kiswire Sdn. Bhd. (Kiswire) and Wei
Dat Steel Wire Sdn. Bhd. (Wei Dat) that
are not zero, de minimis, or based
entirely on facts otherwise available.
Commerce calculated the all-others’ rate
using a weighted average of the
estimated weighted-average dumping
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice, 85 FR 28606.
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Federal Register / Vol. 85, No. 224 / Thursday, November 19, 2020 / Notices
margins calculated for the individually
examined mandatory respondents using
each company’s publicly ranged values
for the merchandise under
consideration.6
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
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. These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
Exporter/producer
interested parties in this preliminary
determination within five days of any
public announcement or, if there is no
public announcement, within five days
Kiswire Sdn. Bhd ......................
3.70
Wei Dat Steel Wire Sdn. Bhd ...
5.45 of the date of publication of this notice
Southern PC Steel Sdn. Bhd ...
* 18.93 in accordance with 19 CFR 351.224(b).
All Others ..................................
4.56 Verification
* Adverse Facts Available.
Commerce is currently unable to
conduct on-site verification of the
Suspension of Liquidation
information relied upon in making its
In accordance with section 733(d)(2)
final determination in this investigation.
of the Act, Commerce will direct U.S.
Accordingly, we intend to take
Customs and Border Protection (CBP) to
additional steps in lieu of on-site
suspend liquidation of entries of subject
verification. Commerce will notify
merchandise, as described in Appendix
interested parties of any additional
I, entered, or withdrawn from
documentation or information required.
warehouse, for consumption on or after
Because Southern PC Steel Sdn. Bhd
the date of publication of this notice in
did not provide information requested
the Federal Register. Further, pursuant
by Commerce, and Commerce
to section 733(d)(1)(B) of the Act and 19
preliminarily determines Southern PC
CFR 351.205(d), Commerce will instruct
Steel Sdn. Bhd to have been
CBP to require a cash deposit equal to
uncooperative, we will not conduct
the estimated weighted-average
verification of Southern PC Steel Sdn.
dumping margin or the estimated allBhd.
others rate, as follows: (1) The cash
Estimated
weightedaverage
dumping
margin
(percent)
deposit rate for the respondents listed
above will be equal to the companyspecific estimated weighted-average
dumping margins determined in this
preliminary determination; (2) if the
exporter is not a respondent identified
above, but the producer is, then the cash
deposit rate will be equal to the
company-specific estimated weighted6 With two respondents under examination,
Commerce normally calculates: (A) A weightedaverage of the estimated weighted-average dumping
margins calculated for the examined respondents;
(B) a simple average of the estimated weightedaverage dumping margins calculated for the
examined respondents; and (C) a weighted-average
of the estimated weighted-average dumping margins
calculated for the examined respondents using each
company’s publicly-ranged U.S. sale values for the
merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate
closest to (A) as the most appropriate rate for
producers and exporters not subject to individual
examination. See Ball Bearings and Parts Thereof
from France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of ChangedCircumstances Review, and Revocation of an Order
in Part, 75 FR 53661, 53663 (September 1, 2010).
For a complete analysis of the data, see
Memorandum, ‘‘Preliminary Determination
Calculation for the ‘All-Others’ Rate,’’ dated
concurrently with, and hereby adopted by, this
notice.
VerDate Sep<11>2014
19:40 Nov 18, 2020
Jkt 253001
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance. Interested parties will be
notified of the timeline for the
submission of case briefs and written
comments at a later date. Rebuttal briefs,
limited to issues raised in case briefs,
may be submitted no later than seven
days after the deadline date for case
briefs.7 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this investigation are encouraged to
submit with each argument: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
7 See 19 CFR 351.309; and 19 CFR 351.303 (for
general filing requirements).
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Sfmt 4703
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date of the hearing.
Parties are reminded that briefs and
hearing requests are to be filed
electronically using ACCESS and that
electronically filed documents must be
received successfully in their entirety by
5 p.m. Eastern Time on the due date.
Note that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information until further
notice.8
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 and 9, 2020, pursuant
to 19 CFR 351.210(e), Wei Dat and
Kiswire 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
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).
9 See Wei Dat’s Letter, ‘‘Pre-Stressed Concrete
Steel Wire Strand from the Malaysia; Request to
Extend Final Determination,’’ dated November 3,
2020; see also Kiswire’s Letter, ‘‘Prestressed
Concrete Steel Wire Strand from Malaysia, Case No.
A–557–819: Request to Extend Final
Determination,’’ dated November 9, 2020.
E:\FR\FM\19NON1.SGM
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Federal Register / Vol. 85, No. 224 / Thursday, November 19, 2020 / Notices
requesting exporters account 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.
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.
[FR Doc. 2020–25484 Filed 11–18–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–909, A–821–826, A–823–819]
Seamless Carbon and Alloy Steel
Standard, Line, and Pressure Pipe
From the Republic of Korea, the
Russian Federation, and Ukraine:
Postponement of Preliminary
Determinations in the Less-Than-FairValue Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable November 19, 2020.
FOR FURTHER INFORMATION CONTACT:
Joshua DeMoss at (202) 482–3362 (the
Republic of Korea (Korea)); Kathryn
Turlo at (202) 482–3870 (the Russian
Federation (Russia)); Zachary Shaykin at
(202) 482–2638 (Ukraine); AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 28, 2020, the Department of
Commerce (Commerce) initiated lessthan-fair-value (LTFV) investigations of
imports of Seamless Carbon and Alloy
Steel Standard, Line, and Pressure Pipe
from the Czech Republic, Korea, Russia,
and Ukraine.1 Currently, the
preliminary determinations are due no
later than December 15, 2020.
Postponement of Preliminary
Determinations
Section 733(b)(1)(A) of the Tariff Act
of 1930, as amended (the Act), requires
Commerce to issue the preliminary
determination in an LTFV investigation
within 140 days after the date on which
Commerce initiated the investigation.
However, section 733(c)(1)(A)(b)(1) of
the Act permits Commerce to postpone
the preliminary determination until no
later than 190 days after the date on
which Commerce initiated the
investigation if: (A) The petitioner 2
makes a timely request for a
postponement; or (B) Commerce
concludes that the parties concerned are
cooperating, that the investigation is
extraordinarily complicated, and that
additional time is necessary to make a
preliminary determination. Under 19
CFR 351.205(e), the petitioner must
submit a request for postponement 25
days or more before the scheduled date
of the preliminary determination and
must state the reasons for the request.
Commerce will grant the request unless
it finds compelling reasons to deny the
request.
On October 15, 2020, the petitioner
submitted a timely request that
Commerce postpone the preliminary
determinations in the Korea, Russia, and
Ukraine LTFV investigations.3 The
petitioner stated that it requests
postponement because Commerce will
not otherwise have complete
questionnaire responses and sufficient
information to issue preliminary
determinations.4
For the reasons stated above and
because there are no compelling reasons
to deny the request, Commerce, in
accordance with section 733(c)(1)(A) of
the Act, is postponing the deadline for
the preliminary determinations in the
Korea, Russia, and Ukraine LTFV
investigations by 50 days (i.e., 190 days
after the date on which these
investigations were initiated). As a
result, Commerce will issue its
preliminary determinations in the
Korea, Russia, and Ukraine LTFV
investigations no later than February 3,
2021. In accordance with section
735(a)(1) of the Act and 19 CFR
351.210(b)(1), the deadline for the final
determinations of these investigations
will continue to be 75 days after the
date of the preliminary determinations,
unless postponed at a later date.
This notice is issued and published
pursuant to section 733(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: November 13, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–25575 Filed 11–18–20; 8:45 am]
BILLING CODE 3510–DS–P
2 The
petitioner is Vallourec Star, LP.
Petitioner’s Letter, ‘‘Seamless Carbon and
Alloy Steel Standard, Line, and Pressure Pipe from
the Republic of Korea, Russia, and Ukraine: Request
to Extend Preliminary Determinations,’’ dated
October 15, 2020.
4 Id.
3 See
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
VerDate Sep<11>2014
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Application of Facts Available and Use of
Adverse Inference
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
19:40 Nov 18, 2020
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1 See Seamless Carbon and Alloy Steel Standard,
Line, and Pressure Pipe from the Czech Republic,
the Republic of Korea, the Russian Federation, and
Ukraine: Initiation of Less-Than-Fair-Value
Investigations, 85 FR 47176 (August 4, 2020).
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E:\FR\FM\19NON1.SGM
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Agencies
[Federal Register Volume 85, Number 224 (Thursday, November 19, 2020)]
[Notices]
[Pages 73685-73687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25484]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-819]
Prestressed Concrete Steel Wire Strand From Malaysia: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
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 Malaysia
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: Justin Neuman or Kabir Archuletta, AD/
CVD Operations, Office V, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-0486 or (202)
482-2593, 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, 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
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.
---------------------------------------------------------------------------
\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 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 Malaysia,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is PC strand from
Malaysia. 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 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.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 85 FR 28606.
---------------------------------------------------------------------------
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
on facts otherwise available, with adverse inferences, to determine the
margin assigned to Southern PC Steel Sdn. Bhd. For a full description
of the methodology underlying the preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(A)(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 margins, and any margins determined entirely under
section 776 of the Act.
Commerce calculated individual estimated weighted-average dumping
margins for the two producers/exporters participating in this
investigation, Kiswire Sdn. Bhd. (Kiswire) and Wei Dat Steel Wire Sdn.
Bhd. (Wei Dat) that are not zero, de minimis, or based entirely on
facts otherwise available. Commerce calculated the all-others' rate
using a weighted average of the estimated weighted-average dumping
[[Page 73686]]
margins calculated for the individually examined mandatory respondents
using each company's publicly ranged values for the merchandise under
consideration.\6\
---------------------------------------------------------------------------
\6\ With two respondents under examination, Commerce normally
calculates: (A) A weighted-average of the estimated weighted-average
dumping margins calculated for the examined respondents; (B) a
simple average of the estimated weighted-average dumping margins
calculated for the examined respondents; and (C) a weighted-average
of the estimated weighted-average dumping margins calculated for the
examined respondents using each company's publicly-ranged U.S. sale
values for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate closest to (A) as
the most appropriate rate for producers and exporters not subject to
individual examination. See Ball Bearings and Parts Thereof from
France, Germany, Italy, Japan, and the United Kingdom: Final Results
of Antidumping Duty Administrative Reviews, Final Results of
Changed-Circumstances Review, and Revocation of an Order in Part, 75
FR 53661, 53663 (September 1, 2010). For a complete analysis of the
data, see Memorandum, ``Preliminary Determination Calculation for
the `All-Others' Rate,'' dated concurrently with, and hereby adopted
by, this notice.
---------------------------------------------------------------------------
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Kiswire Sdn. Bhd........................................... 3.70
Wei Dat Steel Wire Sdn. Bhd................................ 5.45
Southern PC Steel Sdn. Bhd................................. * 18.93
All Others................................................. 4.56
------------------------------------------------------------------------
* Adverse Facts Available.
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 the respondents listed 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 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. 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, 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 Southern PC
Steel Sdn. Bhd did not provide information requested by Commerce, and
Commerce preliminarily determines Southern PC Steel Sdn. Bhd to have
been uncooperative, we will not conduct verification of Southern PC
Steel Sdn. Bhd.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Interested parties
will be notified of the timeline for the submission of case briefs and
written comments at a later date. Rebuttal briefs, limited to issues
raised in case briefs, may be submitted no later than seven days after
the deadline date for case briefs.\7\ Pursuant to 19 CFR 351.309(c)(2)
and (d)(2), parties who submit case briefs or rebuttal briefs in this
investigation are encouraged to submit with each argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.
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\7\ See 19 CFR 351.309; and 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
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date of the
hearing.
Parties are reminded that briefs and hearing requests are to be
filed electronically using ACCESS and that electronically filed
documents must be received successfully in their entirety by 5 p.m.
Eastern Time on the due date. Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information until further notice.\8\
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\8\ See Temporary Rule 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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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 and 9, 2020, pursuant to 19 CFR 351.210(e), Wei Dat
and Kiswire 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
[[Page 73687]]
requesting exporters account 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 Wei Dat's Letter, ``Pre-Stressed Concrete Steel Wire
Strand from the Malaysia; Request to Extend Final Determination,''
dated November 3, 2020; see also Kiswire's Letter, ``Prestressed
Concrete Steel Wire Strand from Malaysia, Case No. A-557-819:
Request to Extend Final Determination,'' dated November 9, 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./ft\2\ 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 Inference
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2020-25484 Filed 11-18-20; 8:45 am]
BILLING CODE 3510-DS-P