[Federal Register Volume 86, Number 67 (Friday, April 9, 2021)]
[Notices]
[Pages 18497-18498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07368]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-791-826]
Prestressed Concrete Steel Wire Strand From South Africa: 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 South Africa 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: Jerry Huang, 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) 482-4047.
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 sole mandatory respondent subject to this investigation is
Scaw Metals Group (Scaw). 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 South
Africa: Preliminary Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination, and Extension of
Provisional Measures, 85 FR 73674 (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 from South
Africa,'' 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 is April 1, 2019, through March 31,
2020.
Scope of the Investigation
The product covered by this investigation is PC strand from South
Africa. 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 of 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\ which Scaw failed to submit in a timely manner. As
a result, Commerce rejected the entirety of Scaw's ILOV response from
the record.\4\ Therefore, Commerce was unable to verify Scaw's
information as provided for in section 782(i) of the Act. For further
information, see the Issues and Decision Memorandum.
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\3\ See Commerce's Letter, In Lieu of Verification
Questionnaire, dated January 6, 2021 (ILOV Questionnaire).
\4\ See Commerce's Letter, ``Prestressed Concrete Steel Wire
Strand from South Africa: Rejection and Removal from ACCESS,'' dated
January 26, 2021.
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Changes Since the Preliminary Determination
Based on our analysis of the comments received, we have not
calculated an estimated dumping margin for Scaw and, instead, applied
total AFA. For a discussion of this issue, see the Issues and Decision
Memorandum.
Use of Facts Available and Adverse Facts Available
As noted above, Scaw did not comply with the ILOV Questionnaire
procedures and failed to provide its complete ILOV response in a timely
manner. Therefore, we have based Scaw's dumping margin on total adverse
facts available (AFA), 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
margins that are zero, de minimis, or any margins determined entirely
under section 776 of the Act. Commerce assigned Scaw a dumping margin
that is entirely based on section 776 of the Act. In cases where no
weighted-average dumping margins other than zero, de minimis, or
determined entirely under section 776 of the Act have been established
for individually-examined entities, in accordance with section
735(c)(5)(B) of the Act, Commerce typically averages the margins
alleged in the petition and applies the results to all other entities
not individually examined.\5\
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\5\ See, e.g., Seamless Carbon and Alloy Steel Standard, Line,
and Pressure Pipe from the Czech Republic: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, 85 FR 83059, 83060
(December 21, 2020), unchanged in Seamless Carbon and Alloy Steel
Standard, Line, and Pressure Pipe from the Czech Republic: Final
Affirmative Determination of Sales at Less Than Fair Value, 86 FR
12909 (March 5, 2021).
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In the Petition, the petitioners calculated a single estimated
dumping margin, 155.10 percent.\6\ Therefore,
[[Page 18498]]
consistent with our practice, for the all-others rate in this
investigation, we assigned the dumping margin alleged in the Petition,
which is 155.10 percent.
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\6\ See Petitioners' Letter, ``Prestressed Concrete Steel Wire
Strand from South Africa: Petition for the Imposition of Antidumping
Duties,'' dated April 16, 2020 (Petition) at Volume X; see also
Checklist, ``AD Investigation Initiation Checklist: Prestressed
Concrete Steel Wire Strand from South Africa,'' dated May 6, 2020.
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Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
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Scaw Metals Group........................................... ** 155.10
All Others.................................................. 155.10
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** (Based on total AFA).
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a final determination, in accordance with
19 CFR 351.224(b). However, because Commerce applied AFA to the sole
mandatory respondent in this investigation, there are no calculations
to disclose.
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 respondent
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 Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary Determination
V. Use of Adverse Facts Available
VI. Discussion of the Issues
Comment 1: Whether Scaw's Untimely ILOV Questionnaire Response
Should be Accepted
Comment 2: Application of Total AFA for Scaw
Comment 3: Moot Arguments
VII. Recommendation
[FR Doc. 2021-07368 Filed 4-8-21; 8:45 am]
BILLING CODE 3510-DS-P