Prestressed Concrete Steel Wire Strand From Malaysia: Final Affirmative Determination of Sales at Less Than Fair Value, 18502-18504 [2021-07367]
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18502
Federal Register / Vol. 86, No. 67 / Friday, April 9, 2021 / Notices
Assessment Rates
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review, in accordance with section
751(a)(2)(C) of the Act and 19 CFR
351.212(b). Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication). Because
we calculated a zero margin for Hyundai
Steel Company in the final results of
this review, we intend to instruct CBP
to liquidate the appropriate entries
without regard to antidumping duties.8
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of these final
results for all shipments of hot-rolled
steel from Korea entered, or withdrawn
from warehouse, for consumption on or
after the date of publication as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for Hyundai Steel
Company will be zero; (2) for
merchandise exported by a company not
covered in this review but covered in a
prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published in the
completed segment for the most recent
period; (3) if the exporter is not a firm
covered in this review or the original
investigation but the producer is, then
the cash deposit rate will be the rate
established in the completed segment
for the most recent period for the
producer of the merchandise; (4) the
cash deposit rate for all other producers
or exporters will continue to be 6.05
percent, the all-others rate established
in the less-than-fair-value
investigation.9 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure
Normally, Commerce discloses to the
parties in a proceeding the calculations
8 See
19 CFR 351.106(c)(2).
Certain Hot-Rolled Steel Flat Products from
Australia, Brazil, Japan, the Republic of Korea, the
Netherlands, the Republic of Turkey, and the
United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the
Republic of Korea, and the Republic of Turkey and
Antidumping Duty Orders, 81 FR 67965 (October 3,
2016).
9 See
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17:45 Apr 08, 2021
Jkt 253001
performed in connection with a final
results of review within five days after
public announcement of final results.10
However, because Commerce made no
adjustments to the margin calculation
methodology used in the Preliminary
Results, there are no calculations to
disclose for the final results of review.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under the APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i) of the Act, and 19
CFR 351.221(b)(5).
Dated: April 5, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2021–07306 Filed 4–8–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
The Department of Commerce
(Commerce) 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 final weightedaverage dumping margins are listed
below in the section entitled ‘‘Final
Determination.’’
SUMMARY:
DATES:
Applicable April 9, 2021.
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
On November 19, 2020, Commerce
published the Preliminary
Determination in this investigation, and
invited interested parties to comment on
our findings.1 The petitioners in this
investigation are Insteel Wire Products,
Sumiden Wire Products Corporation,
and Wire Mesh Corp. The mandatory
respondents subject to this investigation
are Kiswire Sdn. Bhd. (Kiswire),
Southern PC Steel Sdn. Bhd. (Southern),
and Wei Dat Steel Wire Sdn Bhd (Wei
Dat). A summary of the events that
occurred since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
parties for this final determination, may
be found in the Issues and Decision
Memorandum.2
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 https://enforcement.trade.gov/frn/
index.html.
International Trade Administration
[A–557–819]
Prestressed Concrete Steel Wire
Strand From Malaysia: Final
Affirmative Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
10 See
PO 00000
19 CFR 351.224(b).
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Fmt 4703
Sfmt 4703
1 See 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, 85 FR 73685 (November 19, 2020)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
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 from Malaysia,’’ dated concurrently with,
and hereby adopted by, this notice (Issues and
Decision Memorandum).
E:\FR\FM\09APN1.SGM
09APN1
Federal Register / Vol. 86, No. 67 / Friday, April 9, 2021 / Notices
Period of Investigation
The period of investigation (POI) is
April 1, 2019, through March 31, 2020.
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.
Analysis of Comments Received
All issues raised in the case briefs and
rebuttal briefs submitted by interested
parties in this proceeding 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.
Verification
Commerce was unable to conduct an
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 an on-site verification and
requested additional documentation and
information.3
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received, we made changes to
the margins calculated for Wei Dat and
Kiswire. For a discussion of these
changes, see the Issues and Decision
Memorandum.
Use of Facts Available and Adverse
Facts Available
One of the mandatory respondents,
Southern, withdrew from participation
in this investigation.4 Therefore, in the
Preliminary Determination, pursuant to
sections 776(a) and 776(b) of the Act, we
assigned to Southern an estimated
weighted-average dumping margin
based on adverse facts available (AFA).
No parties filed comments concerning
the Preliminary Determination with
respect to Southern, and there is
nothing on the record that would cause
3 See
Commerce’s Letter, ‘‘In Lieu of Verification
Questionnaire,’’ dated December 10, 2020; and
Commerce’s Letter, ‘‘In Lieu of Verification
Questionnaire,’’ dated December 16, 2020; see also
Kiswire’s Letter, ‘‘Prestressed Concrete Steel Wire
Strand from Malaysia, Case No. A–557–819: KSB’s
Response to Questionnaire in Lieu of Verification,’’
dated December 21, 2020; and Wei Dat’s Letter,
‘‘Prestressed Concrete Steel Wire Strand form
Malaysia; Resubmission of December 23, 2020
Supplemental Questionnaire Response in Lieu of
Verification,’’ dated January 8, 2021.
4 See Preliminary Determination PDM at 4–8.
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17:45 Apr 08, 2021
Jkt 253001
us to revisit the Preliminary
Determination. Accordingly, we
continue to find that the application of
AFA pursuant to sections 776(a) and (b)
of the Act is warranted with respect to
Southern. Consistent with the
Preliminary Determination, Commerce
has assigned to Southern the highest
individual margin calculated for Wei
Dat, which is 26.95 percent.5 Because
this rate is not secondary information,
but rather is based on information
obtained in the course of the
investigation, Commerce need not
corroborate this rate pursuant to section
776(c) of the Act.6 For further
information, see the Preliminary
Determination PDM.
In addition, we calculated Wei Dat’s
final dumping margin using partial
AFA. For further information, 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
any margins determined entirely under
section 776 of the Act. Commerce
assigned Southern a dumping margin
that is entirely based on section 776(a)
and (b) of the Act, and has calculated
estimated weighted-average dumping
margins for the two producer/exporters
participating in this investigation,
Kiswire and Wei Dat, that are not zero,
de minimis, or based entirely on facts
otherwise available. Consequently, we
calculated the all-others rate using a
weighted average of the estimated
weighted-average dumping margins
calculated for the individually
examined mandatory respondents using
each company’s publicly ranged values
for the merchandise under
consideration.7
5 Based on changes made to the calculation of
Wei Dat’s margin, the highest individual margin for
Wei Dat is different than the margin applied as AFA
in the Preliminary Determination. However, neither
the basis for the application of AFA nor the
methodology for determining the AFA rate has
changed for this final determination.
6 See Preliminary Determination PDM at 6–8.
7 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
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
18503
Final Determination
The final estimated weighted-average
dumping margins are as follows:
Exporter/producer
Kiswire Sdn. Bhd. .......................
Southern PC Steel Sdn. Bhd. ....
Wei Dat Steel Wire Sdn. Bhd. ....
All Others ....................................
Weightedaverage
dumping
margin
(percent)
3.94
* 26.95
6.42
5.13
* (Based on total AFA).
Disclosure
We intend to disclose to interested
parties the calculations and analysis
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, as described in
Appendix I of this notice, 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 entries of subject
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 in the table above
will be equal to the respondent-specific
estimated weighted-average dumping
margin determined in this final
determination; (2) if the exporter is not
a respondent identified in the table
above but the producer is, then the cash
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, ‘‘Final Determination Calculation for
the ‘All-Others’ Rate,’’ dated concurrently with, and
hereby adopted by, this notice.
E:\FR\FM\09APN1.SGM
09APN1
18504
Federal Register / Vol. 86, No. 67 / Friday, April 9, 2021 / Notices
deposit rate will be equal to the
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 allothers 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).
VerDate Sep<11>2014
17:45 Apr 08, 2021
Jkt 253001
Dated: April 5, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
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 Wei Dat’s Testing
and License Fees Should be Considered
Direct or Indirect Selling Expenses
Comment 2: Whether Wei Dat Failed to
Demonstrate that Its Movement Expenses
on U.S. Sales Reflect Actual Costs
Comment 3: Whether Wei Dat Reported
Incorrect U.S. Destination Information
Comment 4: Whether Wei Dat’s Financial
Interest Expense Rate is Understated
Comment 5: Whether to Deny Wei Dat’s
Scrap Offset
Comment 6: Whether Commerce Should
Grant Kiswire’s Claimed Scrap Offset
Comment 7: Whether Commerce Should
Revise Kiswire’s Reported Cost of
Manufacturing (COM)
Comment 8: Whether Kiswire’s U.S. Sales
Should Be Classified as Constructed
Export Price (CEP) Sales
Comment 9: Whether Commerce Erred in
Calculating Kiswire’s Margin in the
Preliminary Determination
VI. Recommendation
[FR Doc. 2021–07367 Filed 4–8–21; 8:45 am]
BILLING CODE 3510–DS–P
Frm 00011
International Trade Administration
[A–570–010]
Appendix I
PO 00000
DEPARTMENT OF COMMERCE
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Certain Crystalline Silicon Photovoltaic
Products From the People’s Republic
of China: Final Results of Antidumping
Duty Administrative Review and Final
Determination of No Shipments; 2014–
2016, and Certain Crystalline Silicon
Photovoltaic Products From the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review; 2017–2018;
Correction
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
ACTION: Notice; correction.
AGENCY:
The Department of Commerce
(Commerce) published notices in the
Federal Registers of July 12, 2017 and
June 14, 2019 in which it announced the
final results of the 2014–2016 and 2017–
2018 administrative reviews,
respectively, of the antidumping duty
(AD) order on certain crystalline silicon
photovoltaic products (solar products)
from the People’s Republic of China
(China). These notices contain incorrect
cash deposit rates and/or dumping
margins for the China-wide entity.
FOR FURTHER INFORMATION CONTACT:
Krisha Hill, 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) 482–4037.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Correction
In the Federal Register of July 12,
2017, in FR Doc 2017–14611, on page
32172, in the second column, correct
the first paragraph of the ‘‘Cash Deposit
Requirements’’ caption to state the
correct cash deposit rate for the PRCwide entity. The correct cash deposit
rate for the China-wide entity (PRCwide entity) is 152.84 percent.
In the Federal Register of June 14,
2019, in FR Doc 2019–12608, on page
27765, in the second and third columns,
correct the first paragraph of the
‘‘Analysis’’ caption and the first
paragraph of the ‘‘Cash Deposit
Requirements’’ caption to state the
correct dumping margin and cash
deposit rate, respectively, for the Chinawide entity. The correct dumping
margin and cash deposit rate for the
China-wide entity are 165.04 percent
and 152.84 percent, respectively.
E:\FR\FM\09APN1.SGM
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Agencies
[Federal Register Volume 86, Number 67 (Friday, April 9, 2021)]
[Notices]
[Pages 18502-18504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07367]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-819]
Prestressed Concrete Steel Wire Strand From Malaysia: 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 Malaysia is
being, or is likely to be, sold in the United States at less than fair
value (LTFV). The final weighted-average dumping margins are listed
below in the section entitled ``Final Determination.''
DATES: Applicable April 9, 2021.
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
On November 19, 2020, Commerce published the Preliminary
Determination in this investigation, and invited interested parties to
comment on our findings.\1\ The petitioners in this investigation are
Insteel Wire Products, Sumiden Wire Products Corporation, and Wire Mesh
Corp. The mandatory respondents subject to this investigation are
Kiswire Sdn. Bhd. (Kiswire), Southern PC Steel Sdn. Bhd. (Southern),
and Wei Dat Steel Wire Sdn Bhd (Wei Dat). A summary of the events that
occurred since Commerce published the Preliminary Determination, as
well as a full discussion of the issues raised by parties for this
final determination, may be found in the Issues and Decision
Memorandum.\2\
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\1\ See 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, 85 FR 73685 (November 19, 2020) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
\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 from
Malaysia,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
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 https://enforcement.trade.gov/frn/.
[[Page 18503]]
Period of Investigation
The period of investigation (POI) is April 1, 2019, through March
31, 2020.
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.
Analysis of Comments Received
All issues raised in the case briefs and rebuttal briefs submitted
by interested parties in this proceeding 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.
Verification
Commerce was unable to conduct an 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 an on-site verification and requested additional documentation
and information.\3\
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\3\ See Commerce's Letter, ``In Lieu of Verification
Questionnaire,'' dated December 10, 2020; and Commerce's Letter,
``In Lieu of Verification Questionnaire,'' dated December 16, 2020;
see also Kiswire's Letter, ``Prestressed Concrete Steel Wire Strand
from Malaysia, Case No. A-557-819: KSB's Response to Questionnaire
in Lieu of Verification,'' dated December 21, 2020; and Wei Dat's
Letter, ``Prestressed Concrete Steel Wire Strand form Malaysia;
Resubmission of December 23, 2020 Supplemental Questionnaire
Response in Lieu of Verification,'' dated January 8, 2021.
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Changes Since the Preliminary Determination
Based on our analysis of the comments received, we made changes to
the margins calculated for Wei Dat and Kiswire. For a discussion of
these changes, see the Issues and Decision Memorandum.
Use of Facts Available and Adverse Facts Available
One of the mandatory respondents, Southern, withdrew from
participation in this investigation.\4\ Therefore, in the Preliminary
Determination, pursuant to sections 776(a) and 776(b) of the Act, we
assigned to Southern an estimated weighted-average dumping margin based
on adverse facts available (AFA). No parties filed comments concerning
the Preliminary Determination with respect to Southern, and there is
nothing on the record that would cause us to revisit the Preliminary
Determination. Accordingly, we continue to find that the application of
AFA pursuant to sections 776(a) and (b) of the Act is warranted with
respect to Southern. Consistent with the Preliminary Determination,
Commerce has assigned to Southern the highest individual margin
calculated for Wei Dat, which is 26.95 percent.\5\ Because this rate is
not secondary information, but rather is based on information obtained
in the course of the investigation, Commerce need not corroborate this
rate pursuant to section 776(c) of the Act.\6\ For further information,
see the Preliminary Determination PDM.
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\4\ See Preliminary Determination PDM at 4-8.
\5\ Based on changes made to the calculation of Wei Dat's
margin, the highest individual margin for Wei Dat is different than
the margin applied as AFA in the Preliminary Determination. However,
neither the basis for the application of AFA nor the methodology for
determining the AFA rate has changed for this final determination.
\6\ See Preliminary Determination PDM at 6-8.
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In addition, we calculated Wei Dat's final dumping margin using
partial AFA. For further information, 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 any margins determined entirely
under section 776 of the Act. Commerce assigned Southern a dumping
margin that is entirely based on section 776(a) and (b) of the Act, and
has calculated estimated weighted-average dumping margins for the two
producer/exporters participating in this investigation, Kiswire and Wei
Dat, that are not zero, de minimis, or based entirely on facts
otherwise available. Consequently, we calculated the all-others rate
using a weighted average of the estimated weighted-average dumping
margins calculated for the individually examined mandatory respondents
using each company's publicly ranged values for the merchandise under
consideration.\7\
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\7\ 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, ``Final Determination Calculation for the
`All-Others' Rate,'' dated concurrently with, and hereby adopted by,
this notice.
---------------------------------------------------------------------------
Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Kiswire Sdn. Bhd............................................ 3.94
Southern PC Steel Sdn. Bhd.................................. * 26.95
Wei Dat Steel Wire Sdn. Bhd................................. 6.42
All Others.................................................. 5.13
------------------------------------------------------------------------
* (Based on total AFA).
Disclosure
We intend to disclose to interested parties the calculations and
analysis 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,
as described in Appendix I of this notice, 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 entries of subject 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 in the table above will be equal to the respondent-specific
estimated weighted-average dumping margin determined in this final
determination; (2) if the exporter is not a respondent identified in
the table above but the producer is, then the cash
[[Page 18504]]
deposit rate will be equal to the 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./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 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 Wei Dat's Testing and License Fees Should be
Considered Direct or Indirect Selling Expenses
Comment 2: Whether Wei Dat Failed to Demonstrate that Its
Movement Expenses on U.S. Sales Reflect Actual Costs
Comment 3: Whether Wei Dat Reported Incorrect U.S. Destination
Information
Comment 4: Whether Wei Dat's Financial Interest Expense Rate is
Understated
Comment 5: Whether to Deny Wei Dat's Scrap Offset
Comment 6: Whether Commerce Should Grant Kiswire's Claimed Scrap
Offset
Comment 7: Whether Commerce Should Revise Kiswire's Reported
Cost of Manufacturing (COM)
Comment 8: Whether Kiswire's U.S. Sales Should Be Classified as
Constructed Export Price (CEP) Sales
Comment 9: Whether Commerce Erred in Calculating Kiswire's
Margin in the Preliminary Determination
VI. Recommendation
[FR Doc. 2021-07367 Filed 4-8-21; 8:45 am]
BILLING CODE 3510-DS-P