Prestressed Concrete Steel Wire Strand From Malaysia: Final Results of Antidumping Duty Administrative Review; 2020-2022, 328-330 [2023-28932]
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328
Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices
whether imports of the subject
merchandise are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: December 27, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
ddrumheller on DSK120RN23PROD with NOTICES1
Appendix I—Scope of the Investigation
The products within the scope of this
investigation are paper shopping bags with
handles of any type, regardless of whether
there is any printing, regardless of how the
top edges are finished (e.g., folded, serrated,
or otherwise finished), regardless of color,
and regardless of whether the top edges
contain adhesive or other material for sealing
closed. Subject paper shopping bags have a
width of at least 4.5 inches and depth of at
least 2.5 inches.
Paper shopping bags typically are made of
kraft paper but can be made from any type
of cellulose fiber, paperboard, or pressboard
with a basis weight less than 300 grams per
square meter (GSM).
A non-exhaustive illustrative list of the
types of handles on shopping bags covered
by the scope include handles made from any
materials such as twisted paper, flat paper,
yarn, ribbon, rope, string, or plastic, as well
as die-cut handles (whether the punchout is
fully removed or partially attached as a flap).
Excluded from the scope are:
• Paper sacks or bags that are of a 1⁄6 or 1⁄7
barrel size (i.e., 11.5–12.5 inches in width,
6.5–7.5 inches in depth, and 13.5–17.5
inches in height) with flat paper handles or
die-cut handles;
• Paper sacks or bags with die-cut handles,
a grams per square meter paper weight of less
than 86 GSM, and a height of less than 11.5
inches; and
• Paper sacks or bags (i) with non-paper
handles made wholly of woven ribbon or
other similar woven fabric 15 and (ii) that are
finished with folded tops or for which tied
knots or t-bar aglets (made of wood, metal,
or plastic) are used to secure the handles to
the bags.
The above-referenced dimensions are
provided for paper bags in the opened
position. The height of the bag is the distance
from the bottom fold edge to the top edge
(i.e., excluding the height of handles that
extend above the top edge). The depth of the
bag is the distance from the front of the bag
edge to the back of the bag edge (typically
measured at the bottom of the bag). The
width of the bag is measured from the left to
the right edges of the front and back panels
(upon which the handles typically are
located).
This merchandise is currently classifiable
under Harmonized Tariff Schedule of the
15 Paper sacks or bags with handles made of
braided or twisted materials, such as rope or cord,
do not qualify for this exclusion.
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United States (HTSUS) subheadings
4819.30.0040 and 4819.40.0040. The HTSUS
subheadings are provided for convenience
and customs purposes only; the written
description of the scope is dispositive.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Affiliation
V. Use of Facts Available With Adverse
Inference
VI. Discussion of the Methodology
VII. Critical Circumstances
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2023–28937 Filed 1–2–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–557–819]
Prestressed Concrete Steel Wire
Strand From Malaysia: Final Results of
Antidumping Duty Administrative
Review; 2020–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
prestressed concrete steel wire strand
(PC strand) from Malaysia was not sold
in the United States at less than normal
value during the period of review (POR),
November 19, 2020, through May 31,
2022.
AGENCY:
DATES:
Applicable January 3, 2024.
strand from Malaysia.2 Commerce
selected two respondents for individual
examination, Kiswire Sdn. Bhd. (KSB)
and Wei Dat Steel Wire Sdn. Bhd. (Wei
Dat).3 Commerce extended the time
period for issuing the final results until
December 29, 2023.4 For a complete
description of the events that occurred
since the Preliminary Results, see the
Issues and Decision Memorandum.5
Commerce conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order 6
The product covered by this Order is
PC strand from Malaysia. For a full
description of the scope of the Order,
see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are addressed in the
Issues and Decision Memorandum. A
list of the issues that parties raised, and
to which we responded in the Issues
and Decision Memorandum, is attached
as an appendix to this notice. The Issues
and 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 Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
FOR FURTHER INFORMATION CONTACT:
Miranda Bourdeau or Samuel Frost, 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) 482–2021 or (202) 482–8180.
SUPPLEMENTARY INFORMATION:
Background
On July 7, 2023, Commerce published
the preliminary results of this
administrative review and invited
parties to comment on the Preliminary
Results.1 This administrative review
covers four producers/exporters of PC
1 See Prestressed Concrete Steel Wire Strand from
Malaysia: Preliminary Results of Antidumping Duty
Administrative Review, 2020–2022, 88 FR 43284
(July 7, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum
(PDM).
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Sfmt 4703
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
48459 (August 9, 2022) (Initiation Notice). Although
there are five entities listed in the Initiation Notice,
one of these entities (i.e., Kiswire Sdn. Bhd. (Kota
Kiswire)) is part of another exporter/producer under
review. For further details, see the Preliminary
Results PDM at footnote 4.
3 See Memorandum, ‘‘Respondent Selection,’’
dated August 26, 2022.
4 See Memoranda, ‘‘Extension of Deadline for
Final Results of Antidumping Duty Administrative
Review, 2020–2022,’’ dated October 20, 2023; and
‘‘Extension of Deadline for Final Results of
Antidumping Duty Administrative Review, 2020–
2022,’’ dated December 15, 2023.
5 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Administrative Review of the Antidumping Duty
Order on Prestressed Concrete Steel Wire Strand
from Malaysia; 2020–2022,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
6 See Prestressed Concrete Steel Wire Strand from
Indonesia, Italy, Malaysia, South Africa, Spain,
Tunisia, and Ukraine: Antidumping Duty Orders,
86 FR 29998 (June 4, 2021) (Order).
E:\FR\FM\03JAN1.SGM
03JAN1
Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices
parties, we made certain adjustments to
the margin calculations for these final
results. However, those adjustments did
not result in any changes to the
estimated weighted-average dumping
margins for KSB or Wei Dat. For a more
detailed discussion of these changes, see
the Issues and Decision Memorandum.
ddrumheller on DSK120RN23PROD with NOTICES1
Rate for Non-Examined Companies
The Act and Commerce’s regulations
do not address the establishment of a
rate to be applied to companies not
selected for examination when
Commerce limits its examination in an
administrative review pursuant to
section 777A(c)(2) of the Act. Generally,
Commerce looks to section 735(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in a
market economy investigation, for
guidance when calculating the rate for
companies which were not selected for
individual examination in an
administrative review. Under section
735(c)(5)(A) of the Act, the all-others
rate is normally ‘‘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 {on the
basis of facts available}.’’
Where the dumping margin for
individually examined respondents are
all zero, de minimis, or based entirely
on facts available, section 735(c)(5)(B) of
the Act provides that Commerce may
use ‘‘any reasonable method to establish
the estimated all-others rate for
exporters and producers not
individually investigated, including
averaging the estimated weighted
average dumping margins determined
for the exporters and producers
individually investigated.’’
In this review, we calculated
weighted-average dumping margins for
KSB and Wei Dat that are zero.
Therefore, consistent with section
735(c)(5)(B) of the Act, we are applying
to Southern Steel Sdn. Bhd. and
Southern PC Steel Sdn. Bhd., the two
companies not selected for individual
examination in this review, a margin of
zero percent.
Final Results of Review
Commerce determines that the
following estimated weighted-average
dumping margins exist for the period
November 19, 2020, through May 31,
2022:
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329
CFR 351.212(d). Commerce intends to
issue assessment instructions to CBP no
Exporter/producer
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
Kiswire Sdn. Bhd ........................
0.00 timely summons is filed at the U.S.
Wei Dat Steel Wire Sdn. Bhd .....
0.00 Court of International Trade, the
assessment instructions will direct CBP
Review-Specific Rate Applicable to the
not to liquidate relevant entries until the
Following Non-Examined Companies
time for parties to file a request for a
statutory injunction has expired (i.e.,
Southern Steel Sdn. Bhd ............
0.00
Southern PC Steel Sdn. Bhd .....
0.00 within 90 days of publication).
Weightedaverage
dumping
margin
(percent)
Disclosure
Commerce intends to disclose the
calculations performed in connection
with these final results to interested
parties within five days of any public
announcement or, if there is no public
announcement, within five days of the
date of publication of the notice of final
results in the Federal Register.7
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act, and 19 CFR 351.212(b)(1),
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review. Where the respondent’s
weighted-average dumping margin is
either zero or de minimis (i.e., less than
0.5 percent), we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
Accordingly, because KSB’s and Wei
Dat’s weighted-average dumping
margins are zero percent, we will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties. For entries of subject
merchandise during the POR produced
by KSB or Wei Dat for which these
companies did not know the
merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the allothers rate (i.e., 5.13 percent) 8 if there
is no rate for the intermediate
company(ies) involved in the
transaction.9 For the companies which
were not selected for individual review,
Southern Steel Sdn. Bhd. and Southern
PC Steel Sdn. Bhd., we will assign an
assessment rate based on the
methodology described in the ‘‘Rates for
Non-Examined Companies’’ section,
above.
We intend to instruct CBP to take into
account the ‘‘provisional measures
deposit cap,’’ in accordance with 19
7 See
19 CFR 351.224(b).
Order, 86 FR at 30000.
9 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
8 See
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Sfmt 4703
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for the companies
listed in these final results will be equal
to the weighted-average dumping
margins established in the final results
of this administrative review; (2) for
merchandise exported by producers or
exporters not covered in this
administrative review but covered in a
prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding; and (3) the cash deposit rate
for all other manufacturers or exporters
will continue to be 5.13 percent, the allothers rate established in the less-thanfair-value investigation.10 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
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 double antidumping duties.
Administrative Protective Order
This notice also serves as a final
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
10 See
E:\FR\FM\03JAN1.SGM
Order, 86 FR at 30000.
03JAN1
330
Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices
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 the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these
final results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5) and 19 CFR
351.213(h)(2).
Dated: December 27, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Should
Apply Total Adverse Facts Available
(AFA) to KSB for Failing to Fully
Disclose its Affiliations
Comment 2: Whether Commerce Should
Rely on Annual or Quarterly WeightedAverage Costs for KSB
Comment 3: Whether Commerce Should
Allow KSB’s Reported Scrap Offset
Comment 4: Whether Certain of KSB’s
Home Market Sales Are Fictitious
Comment 5: Whether Commerce Should
Compare KSB’s Reported Home and U.S.
Market Sales Using the Full 90/60 Day
Window Period
Comment 6: Whether Commerce Should
Reject the Petitioners’ Case Brief
VI. Recommendation
[FR Doc. 2023–28932 Filed 1–2–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–867]
Large Power Transformers From the
Republic of Korea: Final Results of the
Expedited Second Sunset Review of
the Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this sunset
review, the U.S. Department of
Commerce (Commerce) finds that
revocation of the antidumping duty
(AD) order on large power transformers
(LPTs) from the Republic of Korea
(Korea) would be likely to lead to
continuation or recurrence of dumping
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
VerDate Sep<11>2014
18:32 Jan 02, 2024
Jkt 262001
at the levels indicated in the ‘‘Final
Results of Sunset Reviews’’ section of
this notice.
DATES: Applicable January 3, 2024.
FOR FURTHER INFORMATION CONTACT:
Natasia Harrison or Peter Farrell, AD/
CVD Operations, Office VI, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1240 or (202) 482–2104,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 1, 2023, Commerce
published the notice of initiation of the
second sunset review of the AD Order 1
on LPTs from Korea, pursuant to section
751(c) of the Tariff Act of 1930, as
amended (the Act).2 On September 14,
2023, Commerce received a notice of
intent to participate from Hitachi Energy
USA, Inc., Prolec-GE Waukesha, Inc.,
Delta Star Inc., and Pennsylvania
Transformer Technology, Inc.
(collectively, the domestic interested
parties), within the deadline specified
in 19 CFR 351.218(d)(1)(i).3 The
domestic interested parties claimed
interested party status under section
771(9)(C) of the Act, as manufacturers of
a domestic like product in the United
States.
On September 29, 2023, we received
a complete substantive response for this
review from the domestic interested
parties within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i).4
We received no substantive responses
from respondent interested parties. As a
result, pursuant to section 751(c)(3)(B)
of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce
conducted an expedited (120-day)
sunset review of the Order on LPTs from
Korea.
Scope of the Order
The scope of this Order covers large
liquid dielectric power transformers
(LPTs) having a top power handling
capacity greater than or equal to 60,000
kilovolt amperes (60 megavolt amperes),
1 See Large Power Transformers from the
Republic of Korea: Antidumping Duty Order, 77 FR
53177 (August 31, 2012) (Order).
2 See Initiation of Five-Year (Sunset) Reviews, 88
FR 60438 (September 1, 2023).
3 See Domestic Interested Parties’ Letter, ‘‘Large
Power Transformers from Korea—Domestic
Interested Parties’ Notice of Intent to Participate,’’
dated September 14, 2023.
4 See Domestic Interested Parties’ Letter, ‘‘Large
Power Transformers from the Republic of Korea—
Five-Year (Sunset) Review of Antidumping Duty
Order—Domestic Interested Parties’ Substantive
Response to Notice of Initiation,’’ dated September
29, 2023.
PO 00000
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Sfmt 4703
whether assembled or unassembled,
complete or incomplete. For a complete
description of the scope of the Order,
see the Issues and Decision
Memorandum.5
Analysis of Comments Received
All issues raised in this review,
including the likelihood of continuation
or recurrence of dumping in the event
of revocation and the magnitude of the
margins likely to prevail if the Order
were revoked, are addressed in the
accompanying Issues and Decision
Memorandum. The Issues and 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. A complete
version of the Issues and Decision
Memorandum can be accessed directly
on the internet at https://
access.trade.gov/public/
FRNoticesListLayout.aspx.
Final Results of Sunset Review
Pursuant to sections 751(c)(1), and
752(c)(1) and (3) of the Act, Commerce
determines that revocation of the AD
Order on LPTs from Korea would be
likely to lead to continuation or
recurrence of dumping, and that the
magnitude of the dumping margins
likely to prevail would be weightedaverage dumping margins up to 29.04
percent.
Administrative Protective Orders
This notice also serves as a final
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305.
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 terms of an
APO is a violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(c), 752(c), and 777(i)(1) of the Act,
and 19 CFR 351.218.
5 See Memorandum, ‘‘Issues and Decision
Memorandum for the Expedited Second Sunset
Review of the Antidumping Duty Order on Large
Power Transformers from the Republic of Korea,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
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03JAN1
]]>Agencies
[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Notices]
[Pages 328-330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28932]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-819]
Prestressed Concrete Steel Wire Strand From Malaysia: Final
Results of Antidumping Duty Administrative Review; 2020-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
prestressed concrete steel wire strand (PC strand) from Malaysia was
not sold in the United States at less than normal value during the
period of review (POR), November 19, 2020, through May 31, 2022.
DATES: Applicable January 3, 2024.
FOR FURTHER INFORMATION CONTACT: Miranda Bourdeau or Samuel Frost, 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) 482-2021 or (202) 482-
8180.
SUPPLEMENTARY INFORMATION:
Background
On July 7, 2023, Commerce published the preliminary results of this
administrative review and invited parties to comment on the Preliminary
Results.\1\ This administrative review covers four producers/exporters
of PC strand from Malaysia.\2\ Commerce selected two respondents for
individual examination, Kiswire Sdn. Bhd. (KSB) and Wei Dat Steel Wire
Sdn. Bhd. (Wei Dat).\3\ Commerce extended the time period for issuing
the final results until December 29, 2023.\4\ For a complete
description of the events that occurred since the Preliminary Results,
see the Issues and Decision Memorandum.\5\
---------------------------------------------------------------------------
\1\ See Prestressed Concrete Steel Wire Strand from Malaysia:
Preliminary Results of Antidumping Duty Administrative Review, 2020-
2022, 88 FR 43284 (July 7, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 48459 (August 9, 2022) (Initiation
Notice). Although there are five entities listed in the Initiation
Notice, one of these entities (i.e., Kiswire Sdn. Bhd. (Kota
Kiswire)) is part of another exporter/producer under review. For
further details, see the Preliminary Results PDM at footnote 4.
\3\ See Memorandum, ``Respondent Selection,'' dated August 26,
2022.
\4\ See Memoranda, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review, 2020-2022,'' dated October
20, 2023; and ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review, 2020-2022,'' dated December
15, 2023.
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Prestressed Concrete Steel Wire Strand from Malaysia; 2020-
2022,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
---------------------------------------------------------------------------
Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order \6\
---------------------------------------------------------------------------
\6\ See Prestressed Concrete Steel Wire Strand from Indonesia,
Italy, Malaysia, South Africa, Spain, Tunisia, and Ukraine:
Antidumping Duty Orders, 86 FR 29998 (June 4, 2021) (Order).
---------------------------------------------------------------------------
The product covered by this Order is PC strand from Malaysia. For a
full description of the scope of the Order, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues that parties
raised, and to which we responded in the Issues and Decision
Memorandum, is attached as an appendix to this notice. The Issues and
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 Issues and Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested
[[Page 329]]
parties, we made certain adjustments to the margin calculations for
these final results. However, those adjustments did not result in any
changes to the estimated weighted-average dumping margins for KSB or
Wei Dat. For a more detailed discussion of these changes, see the
Issues and Decision Memorandum.
Rate for Non-Examined Companies
The Act and Commerce's regulations do not address the establishment
of a rate to be applied to companies not selected for examination when
Commerce limits its examination in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally, Commerce looks to section
735(c)(5) of the Act, which provides instructions for calculating the
all-others rate in a market economy investigation, for guidance when
calculating the rate for companies which were not selected for
individual examination in an administrative review. Under section
735(c)(5)(A) of the Act, the all-others rate is normally ``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 {on the basis of facts available{time} .''
Where the dumping margin for individually examined respondents are
all zero, de minimis, or based entirely on facts available, section
735(c)(5)(B) of the Act provides that Commerce may use ``any reasonable
method to establish the estimated all-others rate for exporters and
producers not individually investigated, including averaging the
estimated weighted average dumping margins determined for the exporters
and producers individually investigated.''
In this review, we calculated weighted-average dumping margins for
KSB and Wei Dat that are zero. Therefore, consistent with section
735(c)(5)(B) of the Act, we are applying to Southern Steel Sdn. Bhd.
and Southern PC Steel Sdn. Bhd., the two companies not selected for
individual examination in this review, a margin of zero percent.
Final Results of Review
Commerce determines that the following estimated weighted-average
dumping margins exist for the period November 19, 2020, through May 31,
2022:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Kiswire Sdn. Bhd............................................ 0.00
Wei Dat Steel Wire Sdn. Bhd................................. 0.00
------------------------------------------------------------------------
Review-Specific Rate Applicable to the Following Non-Examined Companies
------------------------------------------------------------------------
Southern Steel Sdn. Bhd..................................... 0.00
Southern PC Steel Sdn. Bhd.................................. 0.00
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed in
connection with these final results to interested parties within five
days of any public announcement or, if there is no public announcement,
within five days of the date of publication of the notice of final
results in the Federal Register.\7\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.224(b).
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Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this review. Where the respondent's weighted-average
dumping margin is either zero or de minimis (i.e., less than 0.5
percent), we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties. Accordingly, because KSB's and
Wei Dat's weighted-average dumping margins are zero percent, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties. For entries of subject merchandise during the POR
produced by KSB or Wei Dat for which these companies did not know the
merchandise was destined for the United States, we will instruct CBP to
liquidate unreviewed entries at the all-others rate (i.e., 5.13
percent) \8\ if there is no rate for the intermediate company(ies)
involved in the transaction.\9\ For the companies which were not
selected for individual review, Southern Steel Sdn. Bhd. and Southern
PC Steel Sdn. Bhd., we will assign an assessment rate based on the
methodology described in the ``Rates for Non-Examined Companies''
section, above.
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\8\ See Order, 86 FR at 30000.
\9\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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We intend to instruct CBP to take into account the ``provisional
measures deposit cap,'' in accordance with 19 CFR 351.212(d). 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).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
listed in these final results will be equal to the weighted-average
dumping margins established in the final results of this administrative
review; (2) for merchandise exported by producers or exporters not
covered in this administrative review but covered in a prior segment of
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this
proceeding; and (3) the cash deposit rate for all other manufacturers
or exporters will continue to be 5.13 percent, the all-others rate
established in the less-than-fair-value investigation.\10\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\10\ See Order, 86 FR at 30000.
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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 double antidumping duties.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment
[[Page 330]]
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
the terms of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these final results in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(5) and 19 CFR 351.213(h)(2).
Dated: December 27, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Total Adverse Facts
Available (AFA) to KSB for Failing to Fully Disclose its
Affiliations
Comment 2: Whether Commerce Should Rely on Annual or Quarterly
Weighted-Average Costs for KSB
Comment 3: Whether Commerce Should Allow KSB's Reported Scrap
Offset
Comment 4: Whether Certain of KSB's Home Market Sales Are
Fictitious
Comment 5: Whether Commerce Should Compare KSB's Reported Home
and U.S. Market Sales Using the Full 90/60 Day Window Period
Comment 6: Whether Commerce Should Reject the Petitioners' Case
Brief
VI. Recommendation
[FR Doc. 2023-28932 Filed 1-2-24; 8:45 am]
BILLING CODE 3510-DS-P
