[Federal Register Volume 86, Number 67 (Friday, April 9, 2021)]
[Notices]
[Pages 18508-18509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07364]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-723-001]


Prestressed Concrete Steel Wire Strand From Tunisia: Final 
Affirmative Determination of Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that 
prestressed concrete steel wire strand (PC strand) from Tunisia is 
being, or is likely to be, sold in the United States at less than fair 
value (LTFV) during the period of investigation (POI), April 1, 2019, 
through March 31, 2020. The final weighted-average dumping margins are 
listed below in the section entitled ``Final Determination.''

DATES: Applicable April 9, 2021.

FOR FURTHER INFORMATION CONTACT: Eva Kim, 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) 482-8283.

SUPPLEMENTARY INFORMATION:

Background

    On November 19, 2020, Commerce published the Preliminary 
Determination in this investigation, and invited interested parties to 
comment on the findings.\1\ The petitioners in this investigation are 
Insteel Wire Products, Sumiden Wire Products Corporation, and Wire Mesh 
Corp. The mandatory respondent subject to this investigation is Ste. 
Ten. De Trefilage Maklada, which later amended its name to Maklada 
Industries and Maklada SA (collectively, Maklada). A summary of the 
events that occurred since the Preliminary Determination, may be found 
in the Issues and Decision Memorandum.\2\
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    \1\ See Prestressed Concrete Steel Wire Strand from Tunisia: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, Postponement of Final Determination, and Extension of 
Provisional Measures, 85 FR 73681 (November 19, 2020) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Prestressed Concrete Steel Wire Strand,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Period of Investigation

    The POI is April 1, 2019, through March 31, 2020.

Scope of the Investigation

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

Analysis of Comments Received

    All issues raised by interested parties in the case and rebuttal 
briefs are discussed in the Issues and Decision Memorandum. A list of 
the issues raised by parties and responded to by Commerce in the Issues 
and Decision Memorandum is attached to this notice as Appendix II. The 
Issues and Decision Memorandum is a public document and is available 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/index.html.

Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation as provided for in section 782(i) of the Tariff Act of 
1930, as amended (the Act). Accordingly, we took additional steps in 
lieu of on-site verification and requested additional documentation and 
information.\3\
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    \3\ See Commerce's Letter, Untitled, dated November 8, 2020; see 
also Maklada's Letter, ``Prestressed Concrete Steel Wire Strand from 
Tunisia: Remote Verification Response,'' dated December 16, 2020.
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Changes Since the Preliminary Determination

    Based on our analysis of the comments received, we made one change 
to the margin assigned to Maklada since the Preliminary Determination. 
For a discussion of this change, see the Issues and Decision 
Memorandum.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
individually investigated exporters and producers, excluding any 
margins that are zero, de minimis, or determined entirely under section 
776 of the Act. The only rate that is not zero, de minimis, or based 
entirely on facts otherwise available is the rate calculated for 
Maklada. Accordingly, the rate calculated for Maklada is also the rate 
assigned to all other producers and exporters.

Final Determination

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

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Maklada Industries and Maklada SA...........................       30.58
All Others..................................................       30.58
------------------------------------------------------------------------

Disclosure

    We intend to disclose to interested parties the calculations and 
analysis

[[Page 18509]]

performed in this final determination within five days of any public 
announcement or, if there is no public announcement, within five days 
of the date of the publication of this notice to parties in this 
proceeding in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of subject merchandise 
from Maklada and all other producers and exporters, as described in 
Appendix I, entered, or withdrawn from warehouse, for consumption on or 
after November 19, 2020, the date of publication of the Preliminary 
Determination in the Federal Register.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), upon publication of this notice, Commerce will instruct CBP 
to require a cash deposit for such entries of merchandise 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 
above will be equal to the company-specific estimated weighted-average 
dumping margin determined in this final 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 respondent-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.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because the final determination in this 
proceeding is affirmative, in accordance with section 735(b)(2) of the 
Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports, or sales (or the 
likelihood of sales) for importation of PC strand no later than 45 days 
after our final determination. If the ITC determines that material 
injury or threat of material injury does not exist, the proceeding will 
be terminated, and all cash deposits will be refunded. If the ITC 
determines that material injury or threat of material injury does 
exist, Commerce will issue an antidumping duty order directing CBP to 
assess, upon further instruction by Commerce, antidumping duties on all 
imports of the subject merchandise, entered, or withdrawn from 
warehouse, for consumption on or after the effective date of the 
suspension of liquidation.

Notification Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the 
return or destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and the terms of an APO is a violation subject to sanction.

Notification to Interested Parties

    We are issuing and publishing this determination and notice in 
accordance with sections 735(d) and 777(i) of the Act, and 19 CFR 
351.210(c).

    Dated: April 5, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation is prestressed 
concrete steel wire strand (PC strand), produced from wire of non-
stainless, non-galvanized steel, which is suitable for use in 
prestressed concrete (both pretensioned and post-tensioned) 
applications. The product definition encompasses covered and 
uncovered strand and all types, grades, and diameters of PC strand. 
PC strand is normally sold in the United States in sizes ranging 
from 0.25 inches to 0.70 inches in diameter. PC strand made from 
galvanized wire is only excluded from the scope if the zinc and/or 
zinc oxide coating meets or exceeds the 0.40 oz./ft2 standard set 
forth in ASTM-A-475.
    The PC strand subject to this investigation is currently 
classifiable under subheadings 7312.10.3010 and 7312.10.3012 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of this investigation 
is dispositive.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
    Comment 1: Whether SAS Program Language Should Reflect that 
Maklada Industries and Maklada SA Were Collapsed into A Single 
Entity
    Comment 2: Whether Maklada Failed to Properly Report Its 
Warranty Expenses for Its U.S. Sales
    Comment 3: Whether Commerce Should Include Maklada's Parent's 
General and Administrative (G&A) Expenses in Maklada's G&A Ratio
    Comment 4: Whether Commerce Should Include Maklada's Parent's 
Interest Expenses in Maklada's Interest Expense Ratio
VI. Recommendation

[FR Doc. 2021-07364 Filed 4-8-21; 8:45 am]
BILLING CODE 3510-DS-P