[Federal Register Volume 85, Number 224 (Thursday, November 19, 2020)]
[Notices]
[Pages 73676-73679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25482]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-837]


Prestressed Concrete Steel Wire Strand From Indonesia: 
Preliminary Affirmative Determination of Sales at Less Than Fair Value, 
Preliminary Affirmative Determination of Critical Circumstances, in 
Part, Postponement of Final Determination, and Extension of Provisional 
Measures

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 Indonesia 
is being, or is likely to be, sold in the United States at less than 
fair value (LTFV). The period of investigation is April 1, 2019 through 
March 31, 2020. Interested parties are invited to comment on this 
preliminary determination.

DATES: Applicable November 19, 2020.

FOR FURTHER INFORMATION CONTACT: Abdul Alnoor or Drew Jackson, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4554 or (202) 482-4406, 
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\ On September 8,

[[Page 73677]]

2020, Commerce postponed the preliminary determination in this 
investigation and the revised deadline is now November 12, 2020.\2\ For 
a complete description of the events that followed the initiation of 
this investigation, see the Preliminary Decision Memorandum.\3\ 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.
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    \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\ Prestressed Concrete Steel Wire Strand from Indonesia, 
Italy, Malaysia, South Africa, Spain, Tunisia, and Ukraine: 
Postponement of Preliminary Determinations in the Less-Than-Fair-
Value Investigations, 85 FR 55413 (September 8, 2020).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of 
Prestressed Concrete Steel Wire Strand from Indonesia,'' 
(Preliminary Decision Memorandum) from James Maeder, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Jeffrey I. Kessler, Assistant Secretary for 
Enforcement and Compliance, dated concurrently with, and hereby 
adopted by, this notice.
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Scope of the Investigation

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

Scope Comments

    In accordance with the Preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ No interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. Commerce is not preliminarily modifying the 
scope language as it appeared in the Initiation Notice. See the scope 
in Appendix I to this notice.
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    \4\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \5\ See Initiation Notice, 85 FR at 28606.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce calculated export prices in accordance 
with section 772(a) of the Act. Commerce calculated normal value in 
accordance with section 773 of the Act. Furthermore, pursuant to 
section 776(a) and (b) of the Act, Commerce has preliminarily relied 
upon facts otherwise available, with adverse inferences to determine 
the margin assigned to PT. Bumi Steel Indonesia (PT. Bumi). For a full 
description of the methodology underlying the preliminary 
determination, see the Preliminary Decision Memorandum.

Preliminary Affirmative Determination of Critical Circumstances, in 
Part

    In accordance with section 733(e) of the Act and 19 CFR 351.206, 
Commerce preliminarily finds that critical circumstances exist for PT. 
Bumi, but that critical circumstances do not exist for all other 
producers and exporters in Indonesia, including P.T. Kingdom Indah 
(Kingdom Indah). 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 
examined. 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 dumping margins, and any dumping margins determined 
entirely under section 776 of the Act.
    In this investigation, Commerce preliminarily assigned a rate based 
entirely on facts available to PT. Bumi. Therefore, the only rate that 
is not zero, de minimis or based entirely on facts otherwise available 
is the rate calculated for Kingdom Indah. Consequently, the rate 
calculated for Kingdom Indah is also the rate assigned to all other 
producers and exporters.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                              Estimated
                                                              weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
P.T. Kingdom Indah.........................................         2.96
PT. Bumi Steel Indonesia \6\...............................     ** 72.28
All Others.................................................         2.96
------------------------------------------------------------------------
** (Based on total AFA).

Suspension of Liquidation

    In  accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise from Kingdom Indah and all other 
producers and exporters, 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.
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    \6\ Also referred to as PT. Bumi Nindyyacipta in this 
proceeding.
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    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 the respondents 
listed in the table above will be equal to the company-specific 
estimated weighted-average dumping margins determined in this 
preliminary determination; (2) if the exporter is not a respondent 
identified in the table above, but the producer is, then the cash 
deposit rate will be equal to the 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.
    Section 733(e)(2) of the Act provides that, given an affirmative 
determination of critical circumstances, any suspension of liquidation 
shall apply to unliquidated entries of subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the later of: (a) 
The date which is 90 days before the date on which the suspension of 
liquidation was first ordered; or (b) the date on which notice of 
initiation of the investigation was published. As noted above, Commerce 
preliminarily finds that critical circumstances exist for imports of 
subject merchandise produced or exported by PT. Bumi. In accordance 
with section 733(e)(2)(A) of the Act, the suspension of liquidation 
shall apply to unliquidated entries of shipments of subject merchandise 
from PT. Bumi that were entered, or withdrawn from

[[Page 73678]]

warehouse, for consumption on or after the date which is 90 days before 
the publication of this notice.
    These suspension of liquidation instructions will remain in effect 
until further notice.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this 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 this 
notice in accordance with 19 CFR 351.224(b).

Verification

    Commerce is currently unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation. Accordingly, with respect to Kingdom Indah, we intend to 
take additional steps in lieu of on-site verification. Commerce will 
notify interested parties of any additional documentation or 
information required. Because PT. Bumi did not provide information 
requested by Commerce, and Commerce preliminarily determines PT. Bumi 
to have been uncooperative, we will not conduct verification of PT. 
Bumi.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance. A timeline for the 
submission of case briefs and written comments will be announced at a 
later date. Rebuttal briefs, limited to issues raised in case briefs, 
may be submitted no later than seven days after the deadline for case 
briefs.\7\ Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\8\ Pursuant to 19 CFR 351.309(c)(2) 
and (d)(2), parties who submit case briefs or rebuttal briefs in this 
investigation 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.
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    \7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \8\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of 
Effective Period, 85 FR 41363 (July 10, 2020).
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    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 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and 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 and time of 
the hearing two days before the scheduled date of the hearing.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of Commerce's regulations 
requires that a request by exporters for postponement of the final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On November 2 and 4, 2020, pursuant to 19 CFR 351.210(e), Insteel 
Wire Products, Sumiden Wire Products Corporation, and Wire Mesh Corp. 
(collectively, petitioners) and Kingdom Indah requested that Commerce 
postpone the final determination and that provisional measures be 
extended to a period not to exceed six months.\9\ In accordance with 
section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: 
(1) The preliminary determination is affirmative; (2) the requesting 
exporter accounts for a significant proportion of exports of the 
subject merchandise; and (3) no compelling reasons for denial exist, 
Commerce is postponing the final determination and extending the 
provisional measures from a four-month period to a period not greater 
than six months. Accordingly, Commerce will make its final 
determination no later than 135 days after the date of publication of 
this preliminary determination.
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    \9\ See Petitioners' Letter, ``Prestressed Concrete Steel Wire 
Strand from Indonesia, Italy, Malaysia, South Africa, Spain, 
Tunisia, and Ukraine--Petitioners' Request for Postponement of Final 
Antidumping Determinations,'' dated November 2, 2020; and Kingdom 
Indah's Letter, ``Prestressed Concrete Steel Wire Strand from 
Indonesia--Request to Postpone the Final Determination,'' dated 
November 4, 2020.
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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, 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: November 12, 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./ft2 standard set 
forth in ASTM-A-475.
    The PC strand subject to this investigation is currently 
classifiable under subheadings 7312.10.3010 and 7312.10.3012 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of this investigation 
is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Application of Facts Available and Use of Adverse Inferences
VII. Critical Circumstances

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VIII. Discussion of the Methodology
IX. Currency Conversion
X. Recommendation

[FR Doc. 2020-25482 Filed 11-18-20; 8:45 am]
BILLING CODE 3510-DS-P