[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.
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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
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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