[Federal Register Volume 86, Number 67 (Friday, April 9, 2021)]
[Notices]
[Pages 18502-18504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07367]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-819]
Prestressed Concrete Steel Wire Strand From Malaysia: 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 Malaysia 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: Justin Neuman or Kabir Archuletta, AD/
CVD Operations, Office V, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-0486 or (202)
482-2593, respectively.
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 mandatory respondents subject to this investigation are
Kiswire Sdn. Bhd. (Kiswire), Southern PC Steel Sdn. Bhd. (Southern),
and Wei Dat Steel Wire Sdn Bhd (Wei Dat). 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 Malaysia:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, Postponement of Final Determination, and Extension of
Provisional Measures, 85 FR 73685 (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
Malaysia,'' 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.
[[Page 18503]]
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
Malaysia. 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 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, ``In Lieu of Verification
Questionnaire,'' dated December 10, 2020; and Commerce's Letter,
``In Lieu of Verification Questionnaire,'' dated December 16, 2020;
see also Kiswire's Letter, ``Prestressed Concrete Steel Wire Strand
from Malaysia, Case No. A-557-819: KSB's Response to Questionnaire
in Lieu of Verification,'' dated December 21, 2020; and Wei Dat's
Letter, ``Prestressed Concrete Steel Wire Strand form Malaysia;
Resubmission of December 23, 2020 Supplemental Questionnaire
Response in Lieu of Verification,'' dated January 8, 2021.
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Changes Since the Preliminary Determination
Based on our analysis of the comments received, we made changes to
the margins calculated for Wei Dat and Kiswire. For a discussion of
these changes, see the Issues and Decision Memorandum.
Use of Facts Available and Adverse Facts Available
One of the mandatory respondents, Southern, withdrew from
participation in this investigation.\4\ Therefore, in the Preliminary
Determination, pursuant to sections 776(a) and 776(b) of the Act, we
assigned to Southern an estimated weighted-average dumping margin based
on adverse facts available (AFA). No parties filed comments concerning
the Preliminary Determination with respect to Southern, and there is
nothing 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 Southern. Consistent with the Preliminary Determination,
Commerce has assigned to Southern the highest individual margin
calculated for Wei Dat, which is 26.95 percent.\5\ 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.\6\ For further information,
see the Preliminary Determination PDM.
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\4\ See Preliminary Determination PDM at 4-8.
\5\ Based on changes made to the calculation of Wei Dat's
margin, the highest individual margin for Wei Dat is different than
the margin applied as AFA in the Preliminary Determination. However,
neither the basis for the application of AFA nor the methodology for
determining the AFA rate has changed for this final determination.
\6\ See Preliminary Determination PDM at 6-8.
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In addition, we calculated Wei Dat's final dumping margin using
partial AFA. 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
margins that are zero, de minimis, or any margins determined entirely
under section 776 of the Act. Commerce assigned Southern a dumping
margin that is entirely based on section 776(a) and (b) of the Act, and
has calculated estimated weighted-average dumping margins for the two
producer/exporters participating in this investigation, Kiswire and Wei
Dat, that are not zero, de minimis, or based entirely on facts
otherwise available. Consequently, we calculated the all-others rate
using a weighted average of the estimated weighted-average dumping
margins calculated for the individually examined mandatory respondents
using each company's publicly ranged values for the merchandise under
consideration.\7\
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\7\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the estimated weighted-average
dumping margins calculated for the examined respondents; (B) a
simple average of the estimated weighted-average dumping margins
calculated for the examined respondents; and (C) a weighted-average
of the estimated weighted-average dumping margins calculated for the
examined respondents using each company's publicly-ranged U.S. sale
values for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate closest to (A) as
the most appropriate rate for producers and exporters not subject to
individual examination. See Ball Bearings and Parts Thereof from
France, Germany, Italy, Japan, and the United Kingdom: Final Results
of Antidumping Duty Administrative Reviews, Final Results of
Changed-Circumstances Review, and Revocation of an Order in Part, 75
FR 53661, 53663 (September 1, 2010). For a complete analysis of the
data, see Memorandum, ``Final Determination Calculation for the
`All-Others' Rate,'' dated concurrently with, and hereby adopted by,
this notice.
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Final Determination
The final estimated weighted-average dumping margins are as
follows:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Kiswire Sdn. Bhd............................................ 3.94
Southern PC Steel Sdn. Bhd.................................. * 26.95
Wei Dat Steel Wire Sdn. Bhd................................. 6.42
All Others.................................................. 5.13
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* (Based on total 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 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
the 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
[[Page 18504]]
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 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./ft\2\ 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 Wei Dat's Testing and License Fees Should be
Considered Direct or Indirect Selling Expenses
Comment 2: Whether Wei Dat Failed to Demonstrate that Its
Movement Expenses on U.S. Sales Reflect Actual Costs
Comment 3: Whether Wei Dat Reported Incorrect U.S. Destination
Information
Comment 4: Whether Wei Dat's Financial Interest Expense Rate is
Understated
Comment 5: Whether to Deny Wei Dat's Scrap Offset
Comment 6: Whether Commerce Should Grant Kiswire's Claimed Scrap
Offset
Comment 7: Whether Commerce Should Revise Kiswire's Reported
Cost of Manufacturing (COM)
Comment 8: Whether Kiswire's U.S. Sales Should Be Classified as
Constructed Export Price (CEP) Sales
Comment 9: Whether Commerce Erred in Calculating Kiswire's
Margin in the Preliminary Determination
VI. Recommendation
[FR Doc. 2021-07367 Filed 4-8-21; 8:45 am]
BILLING CODE 3510-DS-P