Prestressed Concrete Steel Wire Strand From Malaysia: Preliminary Results and Preliminary Partial Rescission of Antidumping Duty Administrative Review; 2022-2023, 56728-56731 [2024-15104]
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56728
Federal Register / Vol. 89, No. 132 / Wednesday, July 10, 2024 / Notices
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ddrumheller on DSK120RN23PROD with NOTICES1
SUPPLEMENTARY INFORMATION:
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Jkt 262001
Equal opportunity practices in
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public meeting will begin with
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hear from the USDA Equity Commission
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Leadership from USDA’s Office of the
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Committee members will visit with
local producers in New York State.
On Days 2 and 3 (July 24 and 25), the
Committee will review specific topics
from its most recent set of
recommendations (July 2023). The
members will engage with USDA
agencies on status updates, discussions
on implementation and timelines for
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following agencies will report out and
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Dated: July 3, 2024.
Cikena Reid,
USDA Committee Management Officer.
[FR Doc. 2024–15069 Filed 7–9–24; 8:45 am]
BILLING CODE 3412–88–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–10–2024]
Foreign-Trade Zone (FTZ) 183;
Authorization of Production Activity;
Flextronics America, LLC; (Radio
Frequency Communication Device
Testers); Austin, Texas
On March 7, 2024, Flextronics
America, LLC submitted a notification
of proposed production activity to the
FTZ Board for its facility, within
Subzone 183C, in Austin, Texas.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (89 FR 18372, March
13, 2024). On July 5, 2024, the applicant
was notified of the FTZ Board’s decision
that no further review of the activity is
warranted at this time. The production
activity described in the notification
was authorized, subject to the FTZ Act
and the FTZ Board’s regulations,
including section 400.14.
Dated: July 5, 2024.
Elizabeth Whiteman,
Executive Secretary.
[FR Doc. 2024–15128 Filed 7–9–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–557–819]
Prestressed Concrete Steel Wire
Strand From Malaysia: Preliminary
Results and Preliminary Partial
Rescission of Antidumping Duty
Administrative Review; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is conducting an
administrative review of the
antidumping duty order on prestressed
concrete steel wire strand (PC strand)
from Malaysia for the period of review
(POR) June 1, 2022, through May 31,
2023. Commerce preliminarily finds
that PC Strand from Malaysia was sold
in the United States at prices below
normal value (NV) during the POR. We
AGENCY:
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Federal Register / Vol. 89, No. 132 / Wednesday, July 10, 2024 / Notices
are also preliminarily rescinding the
review with respect to one company
that had no entries of the subject
merchandise during the POR. We invite
interested parties to comment on these
preliminary results.
DATES:
Applicable July 10, 2024.
FOR FURTHER INFORMATION CONTACT:
Alice Maldanado or Miranda Bourdeau,
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) 482–4682 or
(202) 482–2021, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 3, 2023, Commerce
initiated an administrative review of the
antidumping duty order on PC strand
from Malaysia, in accordance with
section 751(a) of the Tariff Act of 1930,
as amended (the Act).1 This review
covers four producers/exporters of
subject merchandise. On August 31,
2023, Commerce selected Kiswire Sdn.
Bhd. (Kiswire) (Kiswire) and Wei Dat
Steel Wire Sdn. Bhd. (Wei Dat) as
mandatory respondents for individual
examination.2 On April 26, 2024,
Commerce extended the deadline for the
preliminary results to June 28, 2024.3
For a complete description of the events
that followed the initiation of this
review, see the Preliminary Decision
Memorandum.4
Scope of the Order
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The merchandise subject to the Order
is prestressed concrete steel wire strand
from Malaysia. For a full description of
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
51271 (August 3, 2023); see also 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).
2 See Memorandum, ‘‘Respondent Selection,’’
dated August 31, 2023.
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated April 26, 2024.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Antidumping Duty Order on
Prestressed Concrete Wire Strand from Malaysia;
2022–2023,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
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the scope, see the Preliminary Decision
Memorandum.
Preliminary Rescission of
Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(3),
when there are no reviewable entries of
subject merchandise during the POR
subject to the antidumping duty order
for which liquidation is suspended,
Commerce may rescind an
administrative review, in whole or only
with respect to a particular exporter or
producer.5 At the completion of the
administrative review, any suspended
entries are liquidated at the assessment
rate computed for the review period.6
Therefore, for an administrative review
to be conducted, there must be a
reviewable, suspended entry to be
liquidated at the newly calculated
assessment rate.
On August 15, 2023, we released U.S.
import data from U.S. Customs and
Border Protection (CBP) for the purpose
of respondent selection.7 These data
showed that one company for which
Commerce initiated an administrative
review, Southern Steel Sdn. Bhd.
(Southern Steel), had no reviewable,
suspended entries of subject
merchandise.8 Accordingly, pursuant to
19 CFR 351.213(d)(3) and (d)(4), we are
preliminarily rescinding this
administrative review with respect to
Southern Steel. Absent evidence of a
shipment on the record from Southern
Steel during the POR, Commerce
intends to rescind its review of
Southern Steel, pursuant to 19 CFR
351.213(d)(3).
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Act. We calculated export price
in accordance with section 772(a) of the
Act. We calculated NV in accordance
with section 773 of the Act. For a full
description of the methodology
underlying these preliminary results,
see the Preliminary Decision
5 See, e.g., Forged Steel Fittings from Taiwan:
Rescission of Antidumping Duty Administrative
Review; 2018–2019, 85 FR 71317, 71318 (November
9, 2020); see also Certain Circular Welded NonAlloy Steel Pipe from Mexico: Rescission of
Antidumping Duty Administrative Review; 2016–
2017, 83 FR 54084 (October 26, 2018).
6 See 19 CFR 351.212(b)(1).
7 See Memorandum, ‘‘CBP Data Release,’’ dated
August 15, 2023.
8 Id.
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56729
Memorandum. A list of the topics
discussed in the Preliminary Decision
Memorandum is included as an
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Rate for Non-Examined Company
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}.’’
In this review, we preliminarily
calculated weighted-average dumping
margins of zero percent and 0.73
percent for Kiswire and Wei Dat,
respectively. Therefore, in accordance
with section 735(c)(5)(A) of the Act, we
are preliminarily applying Wei Dat’s
weighted-average dumping margin of
0.73 percent to the sole non-examined
company, Southern PC Steel Sdn. Bhd.,
because this is the only rate that is not
zero, de minimis, or based entirely on
facts available.
Preliminary Results of the Review
We preliminarily determine that the
following estimated weighted-average
dumping margins exist for the period
June 1, 2022, through May 31, 2023:
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Federal Register / Vol. 89, No. 132 / Wednesday, July 10, 2024 / Notices
Weighted-average
dumping margin
(percent)
Exporter/producer
Kiswire Sdn. Bhd .........................................................................................................................................................................
Wei Dat Steel Wire Sdn. Bhd ......................................................................................................................................................
Review-Specific Rate Applicable to the Following Non-Examined Company:
Southern PC Steel Sdn. Bhd ...............................................................................................................................................
Disclosure and Public Comment
We intend to disclose the calculations
performed to parties within five days of
the date of publication of this notice.9
Interested parties may submit case briefs
no later than 30 days after the date of
publication of this notice.10 Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed not later than
five days after the date for filing case
briefs.11 Interested parties who submit
case or rebuttal briefs in this proceeding
must submit: (1) a table of contents
listing each issue; and (2) a table of
authorities.12
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their briefs that
should be limited to five pages total,
including footnotes. In this review, we
instead request that interested parties
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.13 Further, we
request that interested parties limit their
public executive summary of each issue
to no more than 450 words, not
including citations. We intend to use
the public executive summaries as the
basis of the comment summaries
included in the issues and decision
memorandum that will accompany the
final results in this administrative
review. We request that interested
parties include footnotes for relevant
citations in the public executive
summary of each issue. Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).14
Interested parties who wish to request
a hearing must submit a written request
9 See
19 CFR 351.224(b).
19 CFR 351.309(c)(1)(ii); see also 19 CFR
351.303 (for general filing requirements).
11 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023).
12 See 19 351.309(c)(2) and (d)(2).
13 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
14 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings; Final Rule, 88 FR
67069 (September 29, 2023).
ddrumheller on DSK120RN23PROD with NOTICES1
10 See
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18:33 Jul 09, 2024
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to the Assistant Secretary for
Enforcement and Compliance, filed
electronically via ACCESS.15 Requests
should contain: (1) the party’s name,
address, and telephone number; (2) the
number of participants and whether any
participant is a foreign national; and (3)
a list of issues to be discussed. Issues
raised in the hearing will be limited to
those raised in case and rebuttal
briefs.16 If a request for a hearing is
made, Commerce intends to hold the
hearing at a time and date to be
determined. A hearing request must be
filed electronically using ACCESS and
received in its entirety by 5:00 p.m.
Eastern Time within 30 days after the
publication of this notice.
Assessment Rates
Upon completion of the final results
of this administrative review, Commerce
shall determine, and CBP shall assess,
antidumping duties on all appropriate
entries covered by this review.17
Pursuant to 19 CFR 351.212(b)(1), if the
weighted-average dumping margin for
Kiswire or Wei Dat is not zero or de
minimis (i.e., less than 0.50 percent) in
the final results of this review, we will
calculate importer-specific assessment
rates based on the ratio of the total
amount of dumping calculated for the
importer’s examined sales to the total
entered value of those same sales. If
either respondent’s weighted-average
dumping margin is zero or de minimis
in the final results of review, or if an
importer-specific assessment rate is zero
or de minimis, Commerce will instruct
CBP to liquidate appropriate entries
without regard to antidumping duties.
The final results of this review shall be
the basis for the assessment of
antidumping duties on entries of
merchandise covered by this review,
and for future deposits of estimated
duties, where applicable.18
If, in the final results, we continue to
find that the administrative review for
Southern Steel Sdn. Bhd. should be
rescinded, we will instruct CBP to
assess antidumping duties on any
suspended entries that entered under its
PO 00000
15 See
19 CFR 351.310(c).
19 CFR 351.310.
17 See 19 CFR 351.212(b).
18 See section 751(a)(2)(C) of the Act.
16 See
Frm 00016
Fmt 4703
Sfmt 4703
0.00
0.73
0.73
CBP case number (i.e., at that exporter’s
rate) at a rate equal to the cash deposit
of estimated antidumping duties
required at the time of entry, or
withdrawal from warehouse, for
consumption, during the POR.
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by Kiswire or Wei
Dat for which the company did not
know that the merchandise was
destined for the United States, we will
instruct CBP to liquidate those entries at
the all-others rate established in the
original less-than-fair-value (LTFV)
investigation (i.e., 5.13 percent) 19 if
there is no rate for the intermediate
company(ies) involved in the
transaction.20 For the company which
was not selected for individual review,
we will assign an assessment rate based
on the review-specific average rate,
calculated as noted in the ‘‘Preliminary
Results of Review’’ section above.
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 above will be equal to the
weighted-average dumping margins
established in the final results of this
review, except if the rate is less than
0.50 percent and, therefore, de minimis
within the meaning of 19 CFR
19 See
Order, 86 FR at 30000.
a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
20 For
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Federal Register / Vol. 89, No. 132 / Wednesday, July 10, 2024 / Notices
351.106(c)(1), in which case the cash
deposit rate 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 be the companyspecific rate published for the most
recently-completed segment in which it
was reviewed; (3) if the exporter is not
a firm covered in this review or in the
original LTFV investigation, but the
producer is, then the cash deposit rate
will be the rate established for the most
recently-completed segment of this
proceeding for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 5.13 percent, the allothers rate established in the LTFV
investigation.21 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Final Results of Review
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
no later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
Notification to Importers
This notice serves as a preliminary
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 POR.
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.
Notification to Interested Parties
ddrumheller on DSK120RN23PROD with NOTICES1
Commerce is issuing and publishing
these results in accordance with
sections 751(a)(1) and 777(i) of the Act,
and 19 CFR 351.213(h)(2) and 19 CFR
351.221(b)(4).
Dated: June 28, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
21 See
Order, 86 FR at 30000.
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18:33 Jul 09, 2024
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II. Background
III. Scope of the Order
IV. Preliminary Partial Rescission of
Administrative Review
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024–15104 Filed 7–9–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–931]
Certain High Chrome Cast Iron
Grinding Media From India:
Postponement of Preliminary
Determination in the Countervailing
Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable July 10, 2024.
FOR FURTHER INFORMATION CONTACT:
Gorden Struck or David Crespo, Office
II, AD/CVD Operations, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, telephone:
(202) 482–8151 or (202) 482–3693,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On May 16, 2024, the U.S.
Department of Commerce (Commerce)
initiated a countervailing duty (CVD)
investigation of imports of certain high
chrome cast iron grinding media
(grinding media) from India.1 Currently,
the preliminary determination is due no
later than July 22, 2024.
Postponement of Preliminary
Determination
Section 703(b)(1) of the Tariff Act of
1930, as amended (the Act), requires
Commerce to issue the preliminary
determination in a CVD investigation
within 65 days after the date on which
Commerce initiated the investigation.
However, section 703(c)(1) of the Act
permits Commerce to postpone the
preliminary determination in a CVD
investigation until no later than 130
days after the date on which Commerce
initiated the investigation if: (A) the
petitioner makes a timely request for an
extension of the period within which
the determination must be made; or (B)
Commerce concludes that the parties
concerned are cooperating, that the
investigation is extraordinarily
complicated, and that additional time is
necessary to make the preliminary
determination. Under 19 CFR
351.205(e), the petitioner must submit a
request for postponement 25 days or
more before the scheduled date of the
preliminary determination and must
state the reasons for the request.
Commerce will grant the request unless
it finds compelling reasons to deny the
request.
On June 26, 2024, the petitioner 2
submitted a timely request to postpone
the preliminary determination in the
investigation.3 The petitioner stated that
postponement of the preliminary
determination is necessary because the
current schedule does not provide
Commerce with adequate time to fully
analyze the forthcoming questionnaire
responses of the mandatory respondents
and issue supplemental questionnaires,
as necessary.4
In accordance with 19 CFR
351.205(e), the petitioner submitted its
request for postponement of the
preliminary determination in this
investigation 25 days or more before the
scheduled date of the preliminary
determination and stated the reasons for
its request. Commerce finds no
compelling reason to deny its request.
Therefore, in accordance with section
703(c)(1)(A) of the Act, Commerce is
postponing the deadline for the
preliminary determination in this
investigation to no later than 130 days
after the date on which it initiated this
investigation, i.e., September 23, 2024.
Pursuant to section 705(a)(1) of the Act
and 19 CFR 351.210(b)(1), the deadline
for the final determination in this
investigation will continue to be 75 days
after the date of the preliminary
determination.
This notice is issued and published
pursuant to section 703(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: July 3, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2024–15103 Filed 7–9–24; 8:45 am]
BILLING CODE 3510–DS–P
2 The
petitioner is Magotteaux Inc.
Petitioner’s Letter, ‘‘Request for
Postponement of the Preliminary Determination,’’
dated June 26, 2024.
4 Id.
3 See
1 See Certain High Chrome Cast Iron Grinding
Media from India: Initiation of Countervailing Duty
Investigation, 89 FR 45640 (May 23, 2024).
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56731
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Agencies
[Federal Register Volume 89, Number 132 (Wednesday, July 10, 2024)]
[Notices]
[Pages 56728-56731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15104]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-819]
Prestressed Concrete Steel Wire Strand From Malaysia: Preliminary
Results and Preliminary Partial Rescission of Antidumping Duty
Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty order on prestressed
concrete steel wire strand (PC strand) from Malaysia for the period of
review (POR) June 1, 2022, through May 31, 2023. Commerce preliminarily
finds that PC Strand from Malaysia was sold in the United States at
prices below normal value (NV) during the POR. We
[[Page 56729]]
are also preliminarily rescinding the review with respect to one
company that had no entries of the subject merchandise during the POR.
We invite interested parties to comment on these preliminary results.
DATES: Applicable July 10, 2024.
FOR FURTHER INFORMATION CONTACT: Alice Maldanado or Miranda Bourdeau,
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) 482-4682 or (202)
482-2021, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 3, 2023, Commerce initiated an administrative review of
the antidumping duty order on PC strand from Malaysia, in accordance
with section 751(a) of the Tariff Act of 1930, as amended (the Act).\1\
This review covers four producers/exporters of subject merchandise. On
August 31, 2023, Commerce selected Kiswire Sdn. Bhd. (Kiswire)
(Kiswire) and Wei Dat Steel Wire Sdn. Bhd. (Wei Dat) as mandatory
respondents for individual examination.\2\ On April 26, 2024, Commerce
extended the deadline for the preliminary results to June 28, 2024.\3\
For a complete description of the events that followed the initiation
of this review, see the Preliminary Decision Memorandum.\4\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 51271 (August 3, 2023); see also
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).
\2\ See Memorandum, ``Respondent Selection,'' dated August 31,
2023.
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated April 26,
2024.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Prestressed Concrete Wire Strand from Malaysia; 2022-2023,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The merchandise subject to the Order is prestressed concrete steel
wire strand from Malaysia. For a full description of the scope, see the
Preliminary Decision Memorandum.
Preliminary Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(3), when there are no reviewable
entries of subject merchandise during the POR subject to the
antidumping duty order for which liquidation is suspended, Commerce may
rescind an administrative review, in whole or only with respect to a
particular exporter or producer.\5\ At the completion of the
administrative review, any suspended entries are liquidated at the
assessment rate computed for the review period.\6\ Therefore, for an
administrative review to be conducted, there must be a reviewable,
suspended entry to be liquidated at the newly calculated assessment
rate.
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\5\ See, e.g., Forged Steel Fittings from Taiwan: Rescission of
Antidumping Duty Administrative Review; 2018-2019, 85 FR 71317,
71318 (November 9, 2020); see also Certain Circular Welded Non-Alloy
Steel Pipe from Mexico: Rescission of Antidumping Duty
Administrative Review; 2016-2017, 83 FR 54084 (October 26, 2018).
\6\ See 19 CFR 351.212(b)(1).
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On August 15, 2023, we released U.S. import data from U.S. Customs
and Border Protection (CBP) for the purpose of respondent selection.\7\
These data showed that one company for which Commerce initiated an
administrative review, Southern Steel Sdn. Bhd. (Southern Steel), had
no reviewable, suspended entries of subject merchandise.\8\
Accordingly, pursuant to 19 CFR 351.213(d)(3) and (d)(4), we are
preliminarily rescinding this administrative review with respect to
Southern Steel. Absent evidence of a shipment on the record from
Southern Steel during the POR, Commerce intends to rescind its review
of Southern Steel, pursuant to 19 CFR 351.213(d)(3).
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\7\ See Memorandum, ``CBP Data Release,'' dated August 15, 2023.
\8\ Id.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. We calculated export price in accordance with
section 772(a) of the Act. We calculated NV in accordance with section
773 of the Act. For a full description of the methodology underlying
these preliminary results, see the Preliminary Decision Memorandum. A
list of the topics discussed in the Preliminary Decision Memorandum is
included as an appendix to this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Rate for Non-Examined Company
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} .''
In this review, we preliminarily calculated weighted-average
dumping margins of zero percent and 0.73 percent for Kiswire and Wei
Dat, respectively. Therefore, in accordance with section 735(c)(5)(A)
of the Act, we are preliminarily applying Wei Dat's weighted-average
dumping margin of 0.73 percent to the sole non-examined company,
Southern PC Steel Sdn. Bhd., because this is the only rate that is not
zero, de minimis, or based entirely on facts available.
Preliminary Results of the Review
We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period June 1, 2022, through May
31, 2023:
[[Page 56730]]
------------------------------------------------------------------------
Weighted-average
Exporter/producer dumping margin
(percent)
------------------------------------------------------------------------
Kiswire Sdn. Bhd.................................... 0.00
Wei Dat Steel Wire Sdn. Bhd......................... 0.73
Review-Specific Rate Applicable to the Following Non-
Examined Company:
Southern PC Steel Sdn. Bhd...................... 0.73
------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days of the date of publication of this notice.\9\ Interested
parties may submit case briefs no later than 30 days after the date of
publication of this notice.\10\ Rebuttal briefs, limited to issues
raised in the case briefs, may be filed not later than five days after
the date for filing case briefs.\11\ Interested parties who submit case
or rebuttal briefs in this proceeding must submit: (1) a table of
contents listing each issue; and (2) a table of authorities.\12\
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\9\ See 19 CFR 351.224(b).
\10\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\11\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023).
\12\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their briefs that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\13\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the public executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\14\
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\13\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\14\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via ACCESS.\15\ Requests should
contain: (1) the party's name, address, and telephone number; (2) the
number of participants and whether any participant is a foreign
national; and (3) a list of issues to be discussed. Issues raised in
the hearing will be limited to those raised in case and rebuttal
briefs.\16\ If a request for a hearing is made, Commerce intends to
hold the hearing at a time and date to be determined. A hearing request
must be filed electronically using ACCESS and received in its entirety
by 5:00 p.m. Eastern Time within 30 days after the publication of this
notice.
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\15\ See 19 CFR 351.310(c).
\16\ See 19 CFR 351.310.
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Assessment Rates
Upon completion of the final results of this administrative review,
Commerce shall determine, and CBP shall assess, antidumping duties on
all appropriate entries covered by this review.\17\ Pursuant to 19 CFR
351.212(b)(1), if the weighted-average dumping margin for Kiswire or
Wei Dat is not zero or de minimis (i.e., less than 0.50 percent) in the
final results of this review, we will calculate importer-specific
assessment rates based on the ratio of the total amount of dumping
calculated for the importer's examined sales to the total entered value
of those same sales. If either respondent's weighted-average dumping
margin is zero or de minimis in the final results of review, or if an
importer-specific assessment rate is zero or de minimis, Commerce will
instruct CBP to liquidate appropriate entries without regard to
antidumping duties. The final results of this review shall be the basis
for the assessment of antidumping duties on entries of merchandise
covered by this review, and for future deposits of estimated duties,
where applicable.\18\
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\17\ See 19 CFR 351.212(b).
\18\ See section 751(a)(2)(C) of the Act.
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If, in the final results, we continue to find that the
administrative review for Southern Steel Sdn. Bhd. should be rescinded,
we will instruct CBP to assess antidumping duties on any suspended
entries that entered under its CBP case number (i.e., at that
exporter's rate) at a rate equal to the cash deposit of estimated
antidumping duties required at the time of entry, or withdrawal from
warehouse, for consumption, during the POR.
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Kiswire
or Wei Dat for which the company did not know that the merchandise was
destined for the United States, we will instruct CBP to liquidate those
entries at the all-others rate established in the original less-than-
fair-value (LTFV) investigation (i.e., 5.13 percent) \19\ if there is
no rate for the intermediate company(ies) involved in the
transaction.\20\ For the company which was not selected for individual
review, we will assign an assessment rate based on the review-specific
average rate, calculated as noted in the ``Preliminary Results of
Review'' section above.
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\19\ See Order, 86 FR at 30000.
\20\ 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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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 above will be equal to the weighted-average dumping margins
established in the final results of this review, except if the rate is
less than 0.50 percent and, therefore, de minimis within the meaning of
19 CFR
[[Page 56731]]
351.106(c)(1), in which case the cash deposit rate 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 be the company-specific rate published for the most recently-
completed segment in which it was reviewed; (3) if the exporter is not
a firm covered in this review or in the original LTFV investigation,
but the producer is, then the cash deposit rate will be the rate
established for the most recently-completed segment of this proceeding
for the producer of the merchandise; and (4) the cash deposit rate for
all other producers or exporters will continue to be 5.13 percent, the
all-others rate established in the LTFV investigation.\21\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\21\ See Order, 86 FR at 30000.
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, no later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Importers
This notice serves as a preliminary 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 POR. 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.
Notification to Interested Parties
Commerce is issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213(h)(2) and
19 CFR 351.221(b)(4).
Dated: June 28, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Partial Rescission of Administrative Review
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024-15104 Filed 7-9-24; 8:45 am]
BILLING CODE 3510-DS-P