[Federal Register Volume 85, Number 190 (Wednesday, September 30, 2020)]
[Notices]
[Pages 61726-61727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21547]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-868]


Prestressed Concrete Steel Wire Strand From Taiwan: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value and Negative 
Preliminary Determination of Critical Circumstances

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that prestressed concrete steel wire strand (PC strand) from Taiwan is 
being, or is likely to be, sold in the United States at less than fair 
value (LTFV). The period of investigation (POI) is April 1, 2019 
through March 31, 2020. Interested parties are invited to comment on 
this preliminary determination.

DATES: Applicable September 30, 2020.

FOR FURTHER INFORMATION CONTACT: Joy Zhang or John Hoffner, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230, telephone: (202) 482-1168 or (202) 482-3315, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on May 13, 
2020.\1\ For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\2\ A list of topics included in the Preliminary Decision 
Memorandum is included as Appendix II 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 http://enforcement.trade.gov/frn/. The signed and the electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.
---------------------------------------------------------------------------

    \1\ See Prestressed Concrete Steel Wire Strand from Argentina, 
Colombia, Egypt, Indonesia, Italy, Malaysia, the Netherlands, Saudi 
Arabia, South Africa, Spain, Taiwan, Tunisia, the Republic of 
Turkey, Ukraine, and the United Arab Emirates: Initiation of Less-
Than-Fair-Value Investigations, 85 FR 28605 (May 13, 2020) 
(Initiation Notice).
    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in Less-Than-Fair-Value Investigation of Prestressed 
Concrete Steel Wire Strand from Taiwan,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

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

Scope Comments

    In accordance with the preamble to Commerce's regulations,\3\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\4\ No interested party 
commented on the scope of the investigation as it appeared in the 
Initiation Notice. Therefore, Commerce is not preliminarily modifying 
the scope language as it appeared in the Initiation Notice. See the 
scope in Appendix I to this notice.
---------------------------------------------------------------------------

    \3\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \4\ See Initiation Notice, 85 FR at 28606.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Pursuant to section 776(a) and (b) of the Act, 
Commerce has preliminarily relied upon facts otherwise available, with 
adverse inferences, for Chia Ta World Co., Ltd. (Chia Ta). For a full 
description of the methodology underlying the preliminary 
determination, see the Preliminary Decision Memorandum.

Preliminary Negative Determination of Critical Circumstances

    In accordance with section 733(e) of the Act and 19 CFR 351.206, 
Commerce preliminarily determines that critical circumstances do not 
exist for Chia Ta and all other producers/exporters of PC strand from 
Taiwan. For a full description of the methodology and results of 
Commerce's critical circumstances analysis, see the Preliminary 
Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in 
the preliminary determination Commerce shall determine an estimated 
all-others rate for all exporters and producers not individually 
investigated. This rate shall be 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 under 
section 776 of the Act.
    Pursuant to section 735(c)(5)(B) of the Act, if the estimated 
weighted-average dumping margins established for all exporters and 
producers individually examined are zero, de minimis, or determined 
based entirely on facts otherwise available, Commerce may use any 
reasonable method to establish the estimated weighted-average dumping 
margin for all other producers or exporters. Commerce has preliminarily 
determined the estimated weighted-average dumping margin for Chia Ta, 
the sole mandatory respondent, under section 776 of the Act. 
Consequently, pursuant to section 735(c)(5)(B) of the Act, Commerce's 
normal practice under these circumstances has been to calculate the 
all-others rate as a simple average of the alleged dumping margins from 
the petition. With respect to Taiwan, in the Petitions,\5\ the 
petitioners \6\ alleged only one margin. Therefore, we have 
preliminarily assigned the only margin alleged for subject merchandise 
from Taiwan in the Petitions, which is 23.89 percent, to all other 
producers/exporters.\7\
---------------------------------------------------------------------------

    \5\ See Petitioner's Letter, ``Prestressed Concrete Steel Wire 
Strand from Argentina, Colombia, Egypt, Indonesia, Italy, Malaysia, 
Netherlands, Saudi Arabia, South Africa, Spain, Taiwan, Tunisia, 
Turkey, Ukraine, and United Arab Emirates--Petition for the 
Imposition of Antidumping and Countervailing Duties,'' dated April 
16, 2020 (the Petitions) at Volume XII; see also AD Investigation 
Initiation Checklist: Prestressed Concrete Steel Wire Strand from 
Taiwan, dated May 6, 2020 (AD Checklist).
    \6\ Insteel Wire Products Company, Sumiden Wire Products 
Corporation, and Wire Mesh Corporation (collectively, the 
petitioners).
    \7\ See AD Checklist.
---------------------------------------------------------------------------

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
dumping margins exist during the period April 1, 2019 through March 31, 
2020:

------------------------------------------------------------------------
                                                               Estimated
                                                                dumping
                      Exporter/producer                         margin
                                                               (percent)
------------------------------------------------------------------------
Chia Ta World Co., Ltd ***..................................       23.89
All Others..................................................       23.89
------------------------------------------------------------------------
*** Adverse Facts Available (AFA).

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S.

[[Page 61727]]

Customs and Border Protection (CBP) to suspend liquidation of entries 
of subject merchandise, as described in Appendix I, entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register. Further, pursuant 
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will 
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows: 
(1) The cash deposit rate for Chia Ta will be equal to the company-
specific estimated weighted-average dumping margin determined in this 
preliminary determination; (2) if the exporter is not a respondent 
identified above, but the producer is, then the cash deposit rate will 
be equal to the company-specific estimated weighted-average dumping 
margin established for that producer of the subject merchandise; and 
(3) the cash deposit rate for all other producers and exporters will be 
equal to the all-others estimated weighted-average dumping margin.
    These suspension of liquidation instructions will remain in effect 
until further notice.

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a preliminary determination 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 
preliminary determination in the Federal Register, in accordance with 
19 CFR 351.224(b). However, because Commerce preliminarily applied AFA 
in determining the estimated weighted-average margin for the sole 
individually examined company, Chia Ta, in this investigation, in 
accordance with section 776 of the Act, and the applied AFA rate is 
based solely on the single rate alleged in the petition, there are no 
calculations to disclose.

Verification

    Because Chia Ta did not provide information requested by Commerce, 
and Commerce preliminarily determines Chia Ta to be uncooperative, we 
will not conduct verification.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than 30 
days after the date of publication of this preliminary determination, 
unless Commerce alters the time limit.\8\ Rebuttal briefs, limited to 
issues raised in case briefs, may be submitted no later than seven days 
after the deadline date for case briefs.\9\ Pursuant to 19 CFR 
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal 
briefs in these proceedings are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for 
general filing requirements); Temporary Rule Modifying AD/CVD 
Service Requirements Due to COVID-19, 85 FR 17006 (March 26, 2020) 
(Temporary Rule); and Temporary Rule Modifying AD/CVD Service 
Requirements Due to COVID-19; Extension of Effective Period, 85 FR 
41363 (July 10, 2020).
    \9\ See 19 CFR 351.309(d); see also 19 CFR 351.303 (for general 
filing requirements); and Temporary Rule.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. 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 the issues to be discussed. If a request for a hearing is 
made, Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
    Parties are reminded that briefs and hearing requests are to be 
filed electronically using ACCESS and that electronically filed 
documents must be received successfully in their entirety by ACCESS by 
5:00 p.m. Eastern Time on the due date. Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\10\
---------------------------------------------------------------------------

    \10\ See Temporary Rule.
---------------------------------------------------------------------------

Final Determination

    Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that 
Commerce will issue the final determination within 75 days after the 
date of its preliminary determination. Accordingly, Commerce will make 
its final determination no later than 75 days after the signature date 
of this preliminary determination.

International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, in accordance 
with 735(b), the ITC will determine before the later of 120 days after 
the date of this preliminary determination or 45 days after the final 
determination whether these imports 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: September 23, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation is prestressed 
concrete steel wire strand (PC strand), produced from wire of non-
stainless, non-galvanized steel, which is suitable for use in 
prestressed concrete (both pretensioned and post-tensioned) 
applications. The product definition encompasses covered and 
uncovered strand and all types, grades, and diameters of PC strand. 
PC strand is normally sold in the United States in sizes ranging 
from 0.25 inches to 0.70 inches in diameter. PC strand made from 
galvanized wire is only excluded from the scope if the zinc and/or 
zinc oxide coating meets or exceeds the 0.40 oz./ft\2\ standard set 
forth in ASTM-A-475.
    The PC strand subject to this investigation is currently 
classifiable under subheadings 7312.10.3010 and 7312.10.3012 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of the investigation 
is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum:

I. Summary
II. Background
III. Period of Investigation
IV. Scope of Investigation
V. Application of Facts Available and Use of Adverse Inferences and 
Calculation of All-Others Rate
VI. Preliminary Critical Circumstances Finding
VII. Recommendation

[FR Doc. 2020-21547 Filed 9-29-20; 8:45 am]
BILLING CODE 3510-DS-P