Prestressed Concrete Steel Wire Strand From South Africa: Final Affirmative Determination of Sales at Less Than Fair Value, 18497-18498 [2021-07368]

Download as PDF Federal Register / Vol. 86, No. 67 / Friday, April 9, 2021 / Notices IV. Changes Since the Preliminary Determination V. Final Affirmative Determination of Critical Circumstances, in Part VI. Discussion of the Issues Comment 1: Whether to Continue to Apply, and the Basis for Applying, Total AFA to PT Bumi Comment 2: Whether Commerce Should Apply Total AFA to Kingdom Indah VII. Recommendation [FR Doc. 2021–07365 Filed 4–8–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration 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 http://enforcement.trade.gov/frn/ index.html. [A–791–826] Period of Investigation Prestressed Concrete Steel Wire Strand From South Africa: Final Affirmative Determination of Sales at Less Than Fair Value The period of investigation is April 1, 2019, through March 31, 2020. 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 South Africa 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: Jerry Huang, 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) 482–4047. SUPPLEMENTARY INFORMATION: AGENCY: Background On November 19, 2020, Commerce published the Preliminary Determination in the Federal Register 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 sole mandatory respondent subject to this investigation is Scaw Metals Group (Scaw). A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full 1 See Prestressed Concrete Steel Wire Strand from South Africa: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 85 FR 73674 (November 19, 2020) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. VerDate Sep<11>2014 17:45 Apr 08, 2021 Jkt 253001 Scope of the Investigation The product covered by this investigation is PC strand from South Africa. 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 in Appendix II of this notice. 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 which Scaw failed to submit in a timely manner. As a result, Commerce rejected the entirety of Scaw’s ILOV response from the record.4 Therefore, Commerce was unable to verify Scaw’s information as provided for in section 782(i) of the Act. For 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 South Africa,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Commerce’s Letter, In Lieu of Verification Questionnaire, dated January 6, 2021 (ILOV Questionnaire). 4 See Commerce’s Letter, ‘‘Prestressed Concrete Steel Wire Strand from South Africa: Rejection and Removal from ACCESS,’’ dated January 26, 2021. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 18497 further information, see the Issues and Decision Memorandum. Changes Since the Preliminary Determination Based on our analysis of the comments received, we have not calculated an estimated dumping margin for Scaw and, instead, applied total AFA. For a discussion of this issue, see the Issues and Decision Memorandum. Use of Facts Available and Adverse Facts Available As noted above, Scaw did not comply with the ILOV Questionnaire procedures and failed to provide its complete ILOV response in a timely manner. Therefore, we have based Scaw’s dumping margin on total adverse facts available (AFA), pursuant to sections 776(a) and 776(b) of the Act. 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 Scaw a dumping margin that is entirely based on section 776 of the Act. In cases where no weighted-average dumping margins other than zero, de minimis, or determined entirely under section 776 of the Act have been established for individually-examined entities, in accordance with section 735(c)(5)(B) of the Act, Commerce typically averages the margins alleged in the petition and applies the results to all other entities not individually examined.5 In the Petition, the petitioners calculated a single estimated dumping margin, 155.10 percent.6 Therefore, 5 See, e.g., Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the Czech Republic: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 85 FR 83059, 83060 (December 21, 2020), unchanged in Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the Czech Republic: Final Affirmative Determination of Sales at Less Than Fair Value, 86 FR 12909 (March 5, 2021). 6 See Petitioners’ Letter, ‘‘Prestressed Concrete Steel Wire Strand from South Africa: Petition for the Imposition of Antidumping Duties,’’ dated April 16, 2020 (Petition) at Volume X; see also Checklist, ‘‘AD Investigation Initiation Checklist: Prestressed E:\FR\FM\09APN1.SGM Continued 09APN1 18498 Federal Register / Vol. 86, No. 67 / Friday, April 9, 2021 / Notices consistent with our practice, for the allothers rate in this investigation, we assigned the dumping margin alleged in the Petition, which is 155.10 percent. 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 Estimated Trade Commission (ITC) of the final weighted- affirmative determination of sales at average Exporter/producer LTFV. Because the final determination dumping in this proceeding is affirmative, in margin accordance with section 735(b)(2) of the (percent) Act, the ITC will make its final Scaw Metals Group .................... ** 155.10 determination as to whether the All Others .................................... 155.10 domestic industry in the United States is materially injured, or threatened with ** (Based on total AFA). material injury, by reason of imports, or Disclosure sales (or the likelihood of sales) for importation of PC strand no later than Normally, Commerce discloses to 45 days after our final determination. If interested parties the calculations the ITC determines that material injury performed in connection with a final or threat of material injury does not determination, in accordance with 19 exist, the proceeding will be terminated, CFR 351.224(b). However, because and all cash deposits will be refunded. Commerce applied AFA to the sole If the ITC determines that material mandatory respondent in this injury or threat of material injury does investigation, there are no calculations exist, Commerce will issue an to disclose. antidumping duty order directing CBP Continuation of Suspension of to assess, upon further instruction by Liquidation Commerce, antidumping duties on all In accordance with section imports of the subject merchandise, 735(c)(1)(B) of the Act, Commerce will entered, or withdrawn from warehouse, instruct U.S. Customs and Border for consumption on or after the effective Protection (CBP) to continue to suspend date of the suspension of liquidation. liquidation of all appropriate entries of Notification Regarding Administrative subject merchandise, as described in Protective Order Appendix I of this notice, entered, or This notice serves as the only withdrawn from warehouse, for reminder to parties subject to an consumption on or after November 19, administrative protective order (APO) of 2020, the date of publication of the their responsibility concerning the Preliminary Determination in the disposition of proprietary information Federal Register. disclosed under APO in accordance Pursuant to section 735(c)(1)(B)(ii) of with 19 CFR 351.305(a)(3). Timely the Act and 19 CFR 351.210(d), upon written notification of the return or publication of this notice, Commerce destruction of APO materials or will instruct CBP to require a cash conversion to judicial protective order is deposit for entries of subject hereby requested. Failure to comply merchandise equal to the estimated with the regulations and the terms of an weighted average dumping margin or the estimated all-others rate, as follows: APO is a violation subject to sanction. (1) The cash deposit rate for the Notification to Interested Parties respondent listed in the table above will We are issuing and publishing this be equal to the respondent-specific determination and notice in accordance estimated weighted-average dumping with sections 735(d) and 777(i) of the margin determined in this final Act, and 19 CFR 351.210(c). determination; (2) if the exporter is not a respondent identified in the table Dated: April 5, 2021. above but the producer is, then the cash Christian Marsh, deposit rate will be equal to the Acting Assistant Secretary for Enforcement estimated weighted-average dumping and Compliance. margin established for that producer of Appendix I the subject merchandise; and (3) the cash deposit rate for all other producers Scope of the Investigation and exporters will be equal to the allThe merchandise covered by this Final Determination The final estimated weighted-average dumping margins are as follows: Concrete Steel Wire Strand from South Africa,’’ dated May 6, 2020. VerDate Sep<11>2014 17:45 Apr 08, 2021 Jkt 253001 investigation is prestressed concrete steel wire strand (PC strand), produced from wire of non-stainless, non-galvanized steel, which PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 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. Use of Adverse Facts Available VI. Discussion of the Issues Comment 1: Whether Scaw’s Untimely ILOV Questionnaire Response Should be Accepted Comment 2: Application of Total AFA for Scaw Comment 3: Moot Arguments VII. Recommendation [FR Doc. 2021–07368 Filed 4–8–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–823–817] Prestressed Concrete Steel Wire Strand From Ukraine: Final Affirmative Determination of Sales at Less Than Fair Value, and Final Negative Determination of Critical Circumstances 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 Ukraine 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.’’ AGENCY: DATES: Applicable April 9, 2021. FOR FURTHER INFORMATION CONTACT: Laura Griffith, AD/CVD Operations, Office III, Enforcement and Compliance, E:\FR\FM\09APN1.SGM 09APN1

Agencies

[Federal Register Volume 86, Number 67 (Friday, April 9, 2021)]
[Notices]
[Pages 18497-18498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07368]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-791-826]


Prestressed Concrete Steel Wire Strand From South Africa: 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 South Africa 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: Jerry Huang, 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) 482-4047.

SUPPLEMENTARY INFORMATION:

Background

    On November 19, 2020, Commerce published the Preliminary 
Determination in the Federal Register 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 sole mandatory respondent subject to this investigation is 
Scaw Metals Group (Scaw). 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\
---------------------------------------------------------------------------

    \1\ See Prestressed Concrete Steel Wire Strand from South 
Africa: Preliminary Affirmative Determination of Sales at Less Than 
Fair Value, Postponement of Final Determination, and Extension of 
Provisional Measures, 85 FR 73674 (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 from South 
Africa,'' 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 http://enforcement.trade.gov/frn/index.html.

Period of Investigation

    The period of investigation is April 1, 2019, through March 31, 
2020.

Scope of the Investigation

    The product covered by this investigation is PC strand from South 
Africa. 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 in 
Appendix II of this notice.

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\ which Scaw failed to submit in a timely manner. As 
a result, Commerce rejected the entirety of Scaw's ILOV response from 
the record.\4\ Therefore, Commerce was unable to verify Scaw's 
information as provided for in section 782(i) of the Act. For further 
information, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \3\ See Commerce's Letter, In Lieu of Verification 
Questionnaire, dated January 6, 2021 (ILOV Questionnaire).
    \4\ See Commerce's Letter, ``Prestressed Concrete Steel Wire 
Strand from South Africa: Rejection and Removal from ACCESS,'' dated 
January 26, 2021.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our analysis of the comments received, we have not 
calculated an estimated dumping margin for Scaw and, instead, applied 
total AFA. For a discussion of this issue, see the Issues and Decision 
Memorandum.

Use of Facts Available and Adverse Facts Available

    As noted above, Scaw did not comply with the ILOV Questionnaire 
procedures and failed to provide its complete ILOV response in a timely 
manner. Therefore, we have based Scaw's dumping margin on total adverse 
facts available (AFA), pursuant to sections 776(a) and 776(b) of the 
Act. 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 Scaw a dumping margin 
that is entirely based on section 776 of the Act. In cases where no 
weighted-average dumping margins other than zero, de minimis, or 
determined entirely under section 776 of the Act have been established 
for individually-examined entities, in accordance with section 
735(c)(5)(B) of the Act, Commerce typically averages the margins 
alleged in the petition and applies the results to all other entities 
not individually examined.\5\
---------------------------------------------------------------------------

    \5\ See, e.g., Seamless Carbon and Alloy Steel Standard, Line, 
and Pressure Pipe from the Czech Republic: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, 85 FR 83059, 83060 
(December 21, 2020), unchanged in Seamless Carbon and Alloy Steel 
Standard, Line, and Pressure Pipe from the Czech Republic: Final 
Affirmative Determination of Sales at Less Than Fair Value, 86 FR 
12909 (March 5, 2021).
---------------------------------------------------------------------------

    In the Petition, the petitioners calculated a single estimated 
dumping margin, 155.10 percent.\6\ Therefore,

[[Page 18498]]

consistent with our practice, for the all-others rate in this 
investigation, we assigned the dumping margin alleged in the Petition, 
which is 155.10 percent.
---------------------------------------------------------------------------

    \6\ See Petitioners' Letter, ``Prestressed Concrete Steel Wire 
Strand from South Africa: Petition for the Imposition of Antidumping 
Duties,'' dated April 16, 2020 (Petition) at Volume X; see also 
Checklist, ``AD Investigation Initiation Checklist: Prestressed 
Concrete Steel Wire Strand from South Africa,'' dated May 6, 2020.
---------------------------------------------------------------------------

Final Determination

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

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Scaw Metals Group...........................................   ** 155.10
All Others..................................................      155.10
------------------------------------------------------------------------
** (Based on total AFA).

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a final determination, in accordance with 
19 CFR 351.224(b). However, because Commerce applied AFA to the sole 
mandatory respondent in this investigation, there are no calculations 
to disclose.

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 respondent 
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 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 written 
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. Use of Adverse Facts Available
VI. Discussion of the Issues
    Comment 1: Whether Scaw's Untimely ILOV Questionnaire Response 
Should be Accepted
    Comment 2: Application of Total AFA for Scaw
    Comment 3: Moot Arguments
VII. Recommendation

[FR Doc. 2021-07368 Filed 4-8-21; 8:45 am]
BILLING CODE 3510-DS-P