[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)
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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