[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
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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