Prestressed Concrete Steel Wire Strand From Spain: 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, 73683-73685 [2020-25486]
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Federal Register / Vol. 85, No. 224 / Thursday, November 19, 2020 / Notices
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. Single Entity Treatment
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2020–25487 Filed 11–18–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–469–821]
Prestressed Concrete Steel Wire
Strand From Spain: 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 Spain 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:
Terre Keaton Stefanova or William
Miller, AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1280 or
(202) 482–3906, 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
VerDate Sep<11>2014
19:40 Nov 18, 2020
Jkt 253001
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.
Scope of the Investigation
The product covered by this
investigation is PC strand from Spain.
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
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).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Prestressed Concrete
Steel Wire Strand From Spain,’’ 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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73683
731 of the Act. Commerce has
calculated export price in accordance
with section 772(a) of the Act and
constructed export price in accordance
with section 772(b) of the Act. Normal
value is calculated in accordance with
section 773 of the Act. 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 finds that critical
circumstances do not exist for Global
Special Steel Products S.A.U. (d.b.a.
Trenzas y Cables de Acero PSC, S.L.
(TYCSA)) or for all other producers or
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.
Commerce calculated an individual
estimated weighted-average dumping
margin for TYCSA, the only
individually examined exporter/
producer in this investigation. Because
the only individually calculated
dumping margin is not zero, de
minimis, or based entirely on facts
otherwise available, the estimated
weighted-average dumping margin
calculated for TYCSA is the margin
assigned to all other producers and
exporters, pursuant to section
735(c)(5)(A) of the Act.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
E:\FR\FM\19NON1.SGM
19NON1
73684
Federal Register / Vol. 85, No. 224 / Thursday, November 19, 2020 / Notices
Public Comment
Case briefs or other written comments
Exporter/producer
may be submitted to the Assistant
Secretary for Enforcement and
Compliance. Interested parties will be
notified of the timeline for the
Global Special Steel Products
submission of case briefs and written
S.A.U. (d.b.a. Trenzas y Cacomments at a later date. Rebuttal briefs,
bles de Acero PSC, S.L.
(TYCSA)) ...............................
14.75 limited to issues raised in case briefs,
All Others ..................................
14.75 may be submitted no later than seven
days after the deadline date for case
briefs.6 Pursuant to 19 CFR
Suspension of Liquidation
351.309(c)(2) and (d)(2), parties who
In accordance with section 733(d)(2)
submit case briefs or rebuttal briefs in
of the Act, Commerce will direct U.S.
this investigation are encouraged to
Customs and Border Protection (CBP) to
submit with each argument: (1) A
suspend liquidation of entries of subject
statement of the issue; (2) a brief
merchandise, as described in Appendix
summary of the argument; and (3) a
I, entered, or withdrawn from
table of authorities.
warehouse, for consumption on or after
Pursuant to 19 CFR 351.310(c),
the date of publication of this notice in
interested parties who wish to request a
the Federal Register. Further, pursuant
hearing, limited to issues raised in the
to section 733(d)(1)(B) of the Act and 19
case and rebuttal briefs, must submit a
CFR 351.205(d), Commerce will instruct
written request to the Assistant
CBP to require a cash deposit equal to
Secretary for Enforcement and
the estimated weighted-average
Compliance, U.S. Department of
dumping margin or the estimated allCommerce, within 30 days after the date
others rate, as follows: (1) The cash
of publication of this notice. Requests
deposit rate for the respondent listed
should contain the party’s name,
above will be equal to the companyaddress, and telephone number, the
specific estimated weighted-average
number of participants, whether any
dumping margins determined in this
participant is a foreign national, and a
preliminary determination; (2) if the
exporter is not the respondent identified list of the issues to be discussed. If a
above, but the producer is, then the cash request for a hearing is made, Commerce
intends to hold the hearing at a time and
deposit rate will be equal to the
date to be determined. Parties should
company-specific estimated weightedaverage dumping margin established for confirm by telephone the date, time, and
location of the hearing two days before
that producer of the subject
the scheduled date.
merchandise; and (3) the cash deposit
Parties are reminded that briefs and
rate for all other producers and
hearing requests are to be filed
exporters will be equal to the all-others
electronically using ACCESS and that
estimated weighted-average dumping
electronically filed documents must be
margin.
received successfully in their entirety by
These suspension of liquidation
5 p.m. Eastern Time on the due date.
instructions will remain in effect until
Note that Commerce has temporarily
further notice.
modified certain of its requirements for
Disclosure
serving documents containing business
proprietary information, until further
Commerce intends to disclose its
notice.7
calculations and analysis performed to
interested parties in this preliminary
Postponement of Final Determination
determination within five days of the
and Extension of Provisional Measures
date of public announcement, or if there
Section 735(a)(2) of the Act provides
is no public announcement, within five
that a final determination may be
days of the date of publication of this
postponed until not later than 135 days
notice in accordance with 19 CFR
after the date of the publication of the
351.224(b).
preliminary determination if, in the
Verification
event of an affirmative preliminary
determination, a request for such
Commerce is currently unable to
postponement is made by exporters who
conduct on-site verification of the
account for a significant proportion of
information relied upon in making its
final determination in this investigation. exports of the subject merchandise, or in
Accordingly, we intend to take
6 See 19 CFR 351.309; see also 19 CFR 351.303
additional steps in lieu of on-site
(for general filing requirements).
verification. Commerce will notify
7 See Temporary Rule Modifying AD/CVD Service
interested parties of any additional
Requirements Due to COVID–19; Extension of
documentation or information required. Effective Period, 85 FR 41363 (July 10, 2020).
Estimated
weightedaverage
dumping
margin
(percent)
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19:40 Nov 18, 2020
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PO 00000
Frm 00015
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Sfmt 4703
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 October 30, 2020, pursuant to 19
CFR 351.210(e), TYCSA requested that
Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.8 On November 2,
2020, the petitioners submitted a letter
supporting TYCSA’s request that
Commerce postpone the final
determination.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) TYCSA 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, pursuant to section
735(a)(2) of the Act.
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
8 See TYCSA’s Letter, ‘‘Antidumping Duty
Investigation of Prestressed Concrete Steel Wire
Strand from Spain: Request for Postponement of
Final Determination and Provisional Measures
Period,’’ dated October 30, 2020.
9 The petitioners are Insteel Wire Products
Company, Sumiden Wire Products Corporation, and
Wire Mesh Corp. 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.
E:\FR\FM\19NON1.SGM
19NON1
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.
E:\FR\FM\19NON1.SGM
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Agencies
[Federal Register Volume 85, Number 224 (Thursday, November 19, 2020)]
[Notices]
[Pages 73683-73685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25486]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-821]
Prestressed Concrete Steel Wire Strand From Spain: 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
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 Spain 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: Terre Keaton Stefanova or William
Miller, AD/CVD Operations, Office II, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1280
or (202) 482-3906, 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, 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).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of
Prestressed Concrete Steel Wire Strand From Spain,'' 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 Spain.
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.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 85 FR at 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 and constructed export price
in accordance with section 772(b) of the Act. Normal value is
calculated in accordance with section 773 of the Act. 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 finds that critical circumstances do not exist
for Global Special Steel Products S.A.U. (d.b.a. Trenzas y Cables de
Acero PSC, S.L. (TYCSA)) or for all other producers or 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 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 an individual estimated weighted-average
dumping margin for TYCSA, the only individually examined exporter/
producer in this investigation. Because the only individually
calculated dumping margin is not zero, de minimis, or based entirely on
facts otherwise available, the estimated weighted-average dumping
margin calculated for TYCSA is the margin assigned to all other
producers and exporters, pursuant to section 735(c)(5)(A) of the Act.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
[[Page 73684]]
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Global Special Steel Products S.A.U. (d.b.a. Trenzas y 14.75
Cables de Acero PSC, S.L. (TYCSA))........................
All Others................................................. 14.75
------------------------------------------------------------------------
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 respondent 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 the 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 the date of 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.
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.\6\ 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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\6\ See 19 CFR 351.309; 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
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Parties are reminded that briefs and hearing requests are to be
filed electronically using ACCESS and that electronically filed
documents must be received successfully in their entirety by 5 p.m.
Eastern Time on the due date. Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\7\
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\7\ 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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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 October 30, 2020, pursuant to 19 CFR 351.210(e), TYCSA requested
that Commerce postpone the final determination and that provisional
measures be extended to a period not to exceed six months.\8\ On
November 2, 2020, the petitioners submitted a letter supporting TYCSA's
request that Commerce postpone the final determination.\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) TYCSA 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, pursuant to section 735(a)(2) of the
Act.
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\8\ See TYCSA's Letter, ``Antidumping Duty Investigation of
Prestressed Concrete Steel Wire Strand from Spain: Request for
Postponement of Final Determination and Provisional Measures
Period,'' dated October 30, 2020.
\9\ The petitioners are Insteel Wire Products Company, Sumiden
Wire Products Corporation, and Wire Mesh Corp. 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.
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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
[[Page 73685]]
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. 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