[Federal Register Volume 86, Number 67 (Friday, April 9, 2021)]
[Notices]
[Pages 18505-18507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07366]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-843]


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

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 Italy 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: Stephanie Berger, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2483.

SUPPLEMENTARY INFORMATION:

Background

    On November 19, 2020, Commerce published the Preliminary 
Determination in this investigation, 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 petitioners). The mandatory respondents subject to this 
investigation are CB Trafilati Acciai S.p.A. (CB) and WBO Italcables 
Societa Cooperativa (WBO). CB informed Commerce that it would not 
participate as a mandatory respondent in this investigation.\2\ 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.\3\
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    \1\ See Prestressed Concrete Steel Wire Strand from Italy: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, Preliminary Negative Determination of Critical Circumstances, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 85 FR 73679 (November 19, 2020) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum 
(PDM).
    \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 from 
Italy,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
    \3\ See 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 https://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 Italy. 
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 
attached to this notice as Appendix II.

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 an on-site verification and requested additional documentation 
and information.\4\
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    \4\ See Commerce's Letter, ``WBO Italcables Societa' Cooperative 
Questionnaire in Lieu of Verification,'' dated December 9, 2020; see 
also WBO's Letter, ``Questionnaire in Lieu of Verification 
Response,'' dated December 17, 2020 (ILOV Response).
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Changes Since the Preliminary Determination

    Based on our analysis of the ILOV Response and the comments 
received,

[[Page 18506]]

we made one change to the margin calculation for WBO since the 
Preliminary Determination. For a discussion of this change, see the 
Issues and Decision Memorandum.

Final Negative Determination of Critical Circumstances

    Consistent with the Preliminary Determination,\5\ Commerce 
continues to determine that critical circumstances do not exist within 
the meaning of section 735(a)(3) of the Act.
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    \5\ See Preliminary Determination PDM at 8-10
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Use of Adverse Facts Available

    The mandatory respondent CB withdrew from participation in this 
investigation.\6\ Therefore, in the Preliminary Determination, pursuant 
to sections 776(a) and 776(b) of the Act, we assigned to CB an 
estimated weighted-average dumping margin based on adverse facts 
available (AFA). No parties filed comments concerning the Preliminary 
Determination with respect to CB, and there is no new information on 
the record that would cause us to revisit the Preliminary 
Determination. Accordingly, we continue to find that the application of 
AFA pursuant to sections 776(a) and (b) of the Act is warranted with 
respect to CB. Consistent with the Preliminary Determination, Commerce 
has assigned to CB the highest individual margin calculated for WBO, 
which is 19.26 percent. Because this rate is not secondary information, 
but rather is based on information obtained in the course of the 
investigation, Commerce need not corroborate this rate pursuant to 
section 776(c) of the Act.\7\ For further information, see the 
Preliminary Determination PDM.
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    \6\ Id. at 4-7.
    \7\ See Preliminary Determination PDM at 6-7.
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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 any margins determined entirely 
under section 776 of the Act. In this investigation, Commerce has 
assigned a rate based entirely on facts available to CB. Therefore, the 
only rate that is not zero, de minimis or based entirely on facts 
otherwise available is the rate calculated for WBO. Consequently, the 
rate calculated for WBO is also assigned as the rate for 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)
------------------------------------------------------------------------
WBO Italcables Societa Cooperativa..........................        3.59
CB Trafilati Acciai S.p.A...................................     * 19.26
All Others..................................................        3.59
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* (AFA).

Disclosure

    We intend to disclose to interested parties the calculations and 
analysis 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, 
as described in Appendix I of this notice, entered, or withdrawn from 
warehouse, for consumption on or after November 19, 2020, the date of 
publication of the Preliminary Determination of this investigation 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 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 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. 
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

[[Page 18507]]

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 Home Market Sales with Missing Payment Dates 
Should Be Disregarded
VI. Recommendation

[FR Doc. 2021-07366 Filed 4-8-21; 8:45 am]
BILLING CODE 3510-DS-P