[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:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Kiswire Sdn. Bhd............................................        3.94
Southern PC Steel Sdn. Bhd..................................     * 26.95
Wei Dat Steel Wire Sdn. Bhd.................................        6.42
All Others..................................................        5.13
------------------------------------------------------------------------
* (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