Prestressed Concrete Steel Wire Strand From Tunisia: Final Affirmative Determination of Sales at Less Than Fair Value, 18508-18509 [2021-07364]

Download as PDF 18508 Federal Register / Vol. 86, No. 67 / Friday, April 9, 2021 / Notices the United States, pursuant to section 751(d)(2) of the Act, Commerce hereby orders the continuation of the AD orders on PVA from China and Japan. U.S. Customs and Border Protection (CBP) will continue to collect AD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the orders will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 351.218(c)(2), Commerce intends to initiate the next five-year review of these orders not later than 30 days prior to the fifth anniversary of the effective date of continuation. Administrative Protective Order This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return/destruction or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which may be subject to sanctions. Notification to Interested Parties These five-year (sunset) reviews and this notice are in accordance with sections 751(c) and (d)(2), and 777(i) the Act, and 19 CFR 351.218(f)(4). Dated: April 5, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–723–001] Prestressed Concrete Steel Wire Strand From Tunisia: Final Affirmative Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that prestressed concrete steel wire strand (PC strand) from Tunisia is being, or is likely to be, sold in the United States at less than fair value (LTFV) during the period of investigation (POI), April 1, 2019, through March 31, 2020. The final weighted-average dumping margins are listed below in the section entitled ‘‘Final Determination.’’ VerDate Sep<11>2014 17:45 Apr 08, 2021 Jkt 253001 version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/ index.html. Background Verification Commerce was unable to conduct onsite verification of the information relied upon in making its final determination in this investigation as provided for in section 782(i) of the Tariff Act of 1930, as amended (the Act). Accordingly, we took additional steps in lieu of on-site verification and requested additional documentation and information.3 Applicable April 9, 2021. Eva Kim, 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) 482–8283. SUPPLEMENTARY INFORMATION: On November 19, 2020, Commerce published the Preliminary Determination in this investigation, and invited interested parties to comment on the findings.1 The petitioners in this investigation are Insteel Wire Products, Sumiden Wire Products Corporation, and Wire Mesh Corp. The mandatory respondent subject to this investigation is Ste. Ten. De Trefilage Maklada, which later amended its name to Maklada Industries and Maklada SA (collectively, Maklada). A summary of the events that occurred since the Preliminary Determination, may be found in the Issues and Decision Memorandum.2 Period of Investigation The POI is April 1, 2019, through March 31, 2020. Scope of the Investigation The product covered by this investigation is PC strand from Tunisia. For a complete description of the scope of this investigation, see Appendix I. Analysis of Comments Received [FR Doc. 2021–07303 Filed 4–8–21; 8:45 am] AGENCY: FOR FURTHER INFORMATION CONTACT: DATES: Changes Since the Preliminary Determination Based on our analysis of the comments received, we made one change to the margin assigned to Maklada since the Preliminary Determination. For a discussion of this change, see the Issues and Decision Memorandum. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated weightedaverage dumping margin for all other producers and exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for individually investigated exporters and producers, excluding any margins that are zero, de minimis, or determined entirely under section 776 of the Act. The only rate that is not zero, de minimis, or based entirely on facts otherwise available is the rate calculated for Maklada. Accordingly, the rate calculated for Maklada is also the rate assigned to all other producers and exporters. All issues raised by interested parties in the case and rebuttal briefs are discussed in the Issues and Decision Memorandum. A list of the issues raised by parties and responded to by Commerce in the Issues and Decision Memorandum is attached to this notice Final Determination as Appendix II. The Issues and Decision The final estimated weighted-average Memorandum is a public document and dumping margins are as follows: is available electronically via Enforcement and Compliance’s Estimated Antidumping and Countervailing Duty weightedaverage Centralized Electronic Service System Exporter/producer dumping (ACCESS). ACCESS is available to margin registered users at https:// (percent) access.trade.gov. In addition, a complete 1 See Prestressed Concrete Steel Wire Strand from Tunisia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 85 FR 73681 (November 19, 2020) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Prestressed Concrete Steel Wire Strand,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 Maklada Industries and Maklada SA ........................................... All Others .................................... 30.58 30.58 Disclosure We intend to disclose to interested parties the calculations and analysis 3 See Commerce’s Letter, Untitled, dated November 8, 2020; see also Maklada’s Letter, ‘‘Prestressed Concrete Steel Wire Strand from Tunisia: Remote Verification Response,’’ dated December 16, 2020. E:\FR\FM\09APN1.SGM 09APN1 Federal Register / Vol. 86, No. 67 / Friday, April 9, 2021 / Notices performed in this final determination within five days of any public announcement or, if there is no public announcement, within five days of the date of the publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, Commerce will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of subject merchandise from Maklada and all other producers and exporters, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after November 19, 2020, the date of publication of the Preliminary Determination in the Federal Register. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), upon publication of this notice, Commerce will instruct CBP to require a cash deposit for such entries of merchandise equal to the estimated weighted average dumping margin or the estimated allothers rate, as follows: (1) The cash deposit rate for the respondents listed above will be equal to the companyspecific estimated weighted-average dumping margin determined in this final 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 respondentspecific 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 weightedaverage dumping margin. These suspension of liquidation instructions will remain in effect until further notice. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports, or sales (or the likelihood of sales) for importation of PC strand no later than 45 days after our final determination. If the ITC determines that material injury or threat of material injury does not VerDate Sep<11>2014 17:45 Apr 08, 2021 Jkt 253001 exist, the proceeding will be terminated, and all cash deposits will be refunded. If the ITC determines that material injury or threat of material injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise, entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding Administrative Protective Order This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation subject to sanction. Notification to Interested Parties We are issuing and publishing this determination and notice in accordance with sections 735(d) and 777(i) of the Act, and 19 CFR 351.210(c). Dated: April 5, 2021. Christian Marsh, Acting 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. List of Topics Discussed in the Issues and Decision Memorandum I. Summary Frm 00016 II. Background III. Scope of the Investigation IV. Changes Since the Preliminary Determination V. Discussion of the Issues Comment 1: Whether SAS Program Language Should Reflect that Maklada Industries and Maklada SA Were Collapsed into A Single Entity Comment 2: Whether Maklada Failed to Properly Report Its Warranty Expenses for Its U.S. Sales Comment 3: Whether Commerce Should Include Maklada’s Parent’s General and Administrative (G&A) Expenses in Maklada’s G&A Ratio Comment 4: Whether Commerce Should Include Maklada’s Parent’s Interest Expenses in Maklada’s Interest Expense Ratio VI. Recommendation [FR Doc. 2021–07364 Filed 4–8–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–889] Dioctyl Terephthalate From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2018–2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that Hanwha Chemical Corporation, a producer or exporter subject to this review, made sales of subject merchandise at less than normal value during the period of review (POR), August 1, 2018, through July 31, 2019. Commerce determines that Hanwha Chemical Corporation (Hanwha Chemical) made sales of subject merchandise at less than normal value during the POR, and that Aekyung Petrochemical Co., Ltd. (AKP) and LG Chem, Ltd. (LG Chem), did not make sales of subject merchandise at less than normal value during the POR. DATES: Applicable April 9, 2021. FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Patrick Barton, 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) 482–4243 or (202) 482–0012, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Appendix II PO 00000 18509 Fmt 4703 Sfmt 4703 Background On December 23, 2020, Commerce published the Preliminary Results for E:\FR\FM\09APN1.SGM 09APN1

Agencies

[Federal Register Volume 86, Number 67 (Friday, April 9, 2021)]
[Notices]
[Pages 18508-18509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07364]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-723-001]


Prestressed Concrete Steel Wire Strand From Tunisia: Final 
Affirmative Determination of Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that 
prestressed concrete steel wire strand (PC strand) from Tunisia is 
being, or is likely to be, sold in the United States at less than fair 
value (LTFV) during the period of investigation (POI), April 1, 2019, 
through March 31, 2020. The final weighted-average dumping margins are 
listed below in the section entitled ``Final Determination.''

DATES: Applicable April 9, 2021.

FOR FURTHER INFORMATION CONTACT: Eva Kim, 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) 482-8283.

SUPPLEMENTARY INFORMATION:

Background

    On November 19, 2020, Commerce published the Preliminary 
Determination in this investigation, and invited interested parties to 
comment on the findings.\1\ The petitioners in this investigation are 
Insteel Wire Products, Sumiden Wire Products Corporation, and Wire Mesh 
Corp. The mandatory respondent subject to this investigation is Ste. 
Ten. De Trefilage Maklada, which later amended its name to Maklada 
Industries and Maklada SA (collectively, Maklada). A summary of the 
events that occurred since the Preliminary Determination, may be found 
in the Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------

    \1\ See Prestressed Concrete Steel Wire Strand from Tunisia: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, Postponement of Final Determination, and Extension of 
Provisional Measures, 85 FR 73681 (November 19, 2020) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Prestressed Concrete Steel Wire Strand,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
---------------------------------------------------------------------------

Period of Investigation

    The POI is April 1, 2019, through March 31, 2020.

Scope of the Investigation

    The product covered by this investigation is PC strand from 
Tunisia. For a complete description of the scope of this investigation, 
see Appendix I.

Analysis of Comments Received

    All issues raised by interested parties in the case and rebuttal 
briefs are discussed in the Issues and Decision Memorandum. A list of 
the issues raised by parties and responded to by Commerce in the Issues 
and Decision Memorandum is attached to this notice as Appendix II. The 
Issues and Decision Memorandum is a public document and is available 
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 Issues and Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/index.html.

Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation as provided for in section 782(i) of the Tariff Act of 
1930, as amended (the Act). Accordingly, we took additional steps in 
lieu of on-site verification and requested additional documentation and 
information.\3\
---------------------------------------------------------------------------

    \3\ See Commerce's Letter, Untitled, dated November 8, 2020; see 
also Maklada's Letter, ``Prestressed Concrete Steel Wire Strand from 
Tunisia: Remote Verification Response,'' dated December 16, 2020.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our analysis of the comments received, we made one change 
to the margin assigned to Maklada since the Preliminary Determination. 
For a discussion of this change, see the Issues and Decision 
Memorandum.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
individually investigated exporters and producers, excluding any 
margins that are zero, de minimis, or determined entirely under section 
776 of the Act. The only rate that is not zero, de minimis, or based 
entirely on facts otherwise available is the rate calculated for 
Maklada. Accordingly, the rate calculated for Maklada is also the rate 
assigned to all other producers and exporters.

Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Maklada Industries and Maklada SA...........................       30.58
All Others..................................................       30.58
------------------------------------------------------------------------

Disclosure

    We intend to disclose to interested parties the calculations and 
analysis

[[Page 18509]]

performed in this final determination within five days of any public 
announcement or, if there is no public announcement, within five days 
of the date of the publication of this notice to parties in this 
proceeding in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of subject merchandise 
from Maklada and all other producers and exporters, as described in 
Appendix I, entered, or withdrawn from warehouse, for consumption on or 
after November 19, 2020, the date of publication of the Preliminary 
Determination in the Federal Register.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), upon publication of this notice, Commerce will instruct CBP 
to require a cash deposit for such entries of merchandise 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 margin determined in this final 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 respondent-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.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because the final determination in this 
proceeding is affirmative, in accordance with section 735(b)(2) of the 
Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports, or sales (or the 
likelihood of sales) for importation of PC strand no later than 45 days 
after our final determination. If the ITC determines that material 
injury or threat of material injury does not exist, the proceeding will 
be terminated, and all cash deposits will be refunded. If the ITC 
determines that material injury or threat of material injury does 
exist, Commerce will issue an antidumping duty order directing CBP to 
assess, upon further instruction by Commerce, antidumping duties on all 
imports of the subject merchandise, entered, or withdrawn from 
warehouse, for consumption on or after the effective date of the 
suspension of liquidation.

Notification Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the 
return or destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and the terms of an APO is a violation subject to sanction.

Notification to Interested Parties

    We are issuing and publishing this determination and notice in 
accordance with sections 735(d) and 777(i) of the Act, and 19 CFR 
351.210(c).

    Dated: April 5, 2021.
Christian Marsh,
Acting 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 Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
    Comment 1: Whether SAS Program Language Should Reflect that 
Maklada Industries and Maklada SA Were Collapsed into A Single 
Entity
    Comment 2: Whether Maklada Failed to Properly Report Its 
Warranty Expenses for Its U.S. Sales
    Comment 3: Whether Commerce Should Include Maklada's Parent's 
General and Administrative (G&A) Expenses in Maklada's G&A Ratio
    Comment 4: Whether Commerce Should Include Maklada's Parent's 
Interest Expenses in Maklada's Interest Expense Ratio
VI. Recommendation

[FR Doc. 2021-07364 Filed 4-8-21; 8:45 am]
BILLING CODE 3510-DS-P