[Federal Register Volume 86, Number 67 (Friday, April 9, 2021)]
[Notices]
[Pages 18495-18497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07365]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-837]


Prestressed Concrete Steel Wire Strand From Indonesia: Final 
Affirmative Determination of Sales at Less Than Fair Value, and Final 
Affirmative Determination of Critical Circumstances, In Part

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 Indonesia is 
being, or is likely to be, sold in the United States at less than fair 
value (LTFV). The final weighted-average dumping margins are listed 
below in the section entitled ``Final Determination.''

DATES: Applicable April 9, 2021.

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

    On November 19, 2020, Commerce published the Preliminary 
Determination in the Federal Register and invited interested parties to 
comment on our findings.\1\ The petitioners in this investigation are 
Insteel Wire Products, Sumiden Wire Products Corporation, and Wire Mesh 
Corp. The mandatory respondents subject to this investigation are PT. 
Bumi Steel Indonesia (PT Bumi) and P.T. Kingdom Indah (Kingdom Indah). 
A summary of the events that occurred since Commerce published the 
Preliminary Determination, as well as a full discussion of the issues 
raised by parties for this final determination, may be found in the 
Issues and Decision Memorandum.\2\
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    \1\ See 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, 85 FR 73676 (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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    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.

Period of Investigation

    The period of investigation (POI) is April 1, 2019, through March 
31, 2020.

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.

Analysis of Comments Received

    All issues raised in the case briefs and rebuttal briefs submitted 
by interested parties in this proceeding 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 in 
Appendix II to this notice.

Verification

    Commerce was unable to conduct an 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 an on-site verification and requested additional documentation 
and information.\3\
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    \3\ See Commerce's Letter, Untitled, dated December 9, 2020; see 
also Kingdom Indah's Letter, ``Prestressed Concrete Steel Wire 
Strand from Indonesia--Response for Antidumping Duty Investigation 
Questionnaire In Lieu of On Site Verification of PT. Kingdom Indah 
(`PTKI'),'' dated December 17, 2020.
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Changes Since the Preliminary Determination

    We calculated Kingdom Indah's dumping margin using the cost of 
production, home-market, and U.S. sales databases that it submitted on 
November 6, 2020. We relied on the costs submitted by Kingdom Indah 
except that, consistent with our Preliminary Determination, we 
continued to reallocate Kingdom Indah's reported direct material and 
conversion costs to mitigate cost differences not associated with the 
physical characteristics of products. For further information, see the 
Issues and Decision Memorandum.

Use of Facts Available and Adverse Facts Available

    We have continued to base PT Bumi's dumping margin on total adverse 
facts available, pursuant to sections 776(a) and 776(b) of the Act. For 
further information, 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 
dumping margins that are zero, de minimis, or any dumping margins 
determined entirely under section 776 of the Act. Commerce assigned PT 
Bumi a dumping margin that is entirely based on section 776 of the Act. 
Therefore, the only dumping margin that is not zero, de minimis or 
based entirely on the facts otherwise available is the dumping margin 
that Commerce calculated for

[[Page 18496]]

Kingdom Indah. Consequently, we assigned the dumping margin calculated 
for Kingdom Indah to all producers and exporters that were not 
individually examined.

Final Affirmative Determination of Critical Circumstances, in Part

    Commerce determines that, in accordance with section 735(a)(3) of 
the Act, critical circumstances exist with respect to PT Bumi but do 
not exist with respect to Kingdom Indah or companies subject to the 
``all-others'' rate. For further discussion of Commerce's critical 
circumstances determination, see the Issues and Decision Memorandum.

Final Determination

    The final estimated weighted-average dumping margins are as 
follows:
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    \4\ Also referred to as PT. Bumi Nindyyacipta in this 
proceeding.

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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P.T. Kingdom Indah..........................................        5.76
PT. Bumi Steel Indonesia \4\................................    ** 72.28
All Others..................................................        5.76
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** (Based on total AFA).

Disclosure

    We intend to disclose to parties to the proceeding the calculations 
performed for 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 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, 
as described in Appendix I to this notice, from Kingdom Indah and all 
other producers and exporters not individually examined, that were 
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.
    Section 735(c)(4) of the Act provides that if there is 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 finds that critical circumstances exist for imports of 
subject merchandise from PT. Bumi. Accordingly, in accordance with 
section 735(c)(4) of the Act, suspension of liquidation shall continue 
to apply to unliquidated entries of subject merchandise from PT Bumi 
that were entered, or withdrawn from warehouse, for consumption on or 
after the date which is 90 days before 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 entries of subject merchandise equal to 
an 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 respondent-specific 
estimated weighted-average dumping margin determined in this final 
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 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 written 
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 Sections in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation

[[Page 18497]]

IV. Changes Since the Preliminary Determination
V. Final Affirmative Determination of Critical Circumstances, in 
Part
VI. Discussion of the Issues
    Comment 1: Whether to Continue to Apply, and the Basis for 
Applying, Total AFA to PT Bumi
    Comment 2: Whether Commerce Should Apply Total AFA to Kingdom 
Indah
VII. Recommendation

[FR Doc. 2021-07365 Filed 4-8-21; 8:45 am]
BILLING CODE 3510-DS-P