[Federal Register Volume 86, Number 67 (Friday, April 9, 2021)]
[Notices]
[Pages 18498-18500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07369]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-823-817]


Prestressed Concrete Steel Wire Strand From Ukraine: 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 Ukraine 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: Laura Griffith, AD/CVD Operations, 
Office III, Enforcement and Compliance,

[[Page 18499]]

International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
6430.

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 sole mandatory respondent subject to this investigation is 
PJSC PA Stalkanat-Silur (Stalkanat). 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 Ukraine: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value and Preliminary Negative Determination of Critical 
Circumstances, Postponement of Final Determination, and Extension of 
Provisional Measures, Preliminary Affirmative Determination of 
Critical Circumstances, in Part, Postponement of Final 
Determination, and Extension of Provisional Measures, 85 FR 73688 
(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,'' 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 
Ukraine. 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 on-site verification and requested additional documentation and 
information.\3\
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    \3\ See Commerce's Letter, ``Questionnaire in Lieu of 
Verification,'' dated December 16, 2020; see also Stalkanat's 
Letter, ``Supplemental Questionnaire Response in Lieu of 
Verification,'' dated December 23, 2020.
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Changes Since the Preliminary Determination

    Based on our analysis of the comments received, we made changes to 
the margin assigned to Stalkanat since the Preliminary Determination. 
For a discussion of these changes, see the Issues and Decision 
Memorandum.

Final Negative Determination of Critical Circumstances

    Consistent with the Preliminary Determination,\4\ 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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    \4\ See Preliminary Determination PDM at 4.
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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. Commerce calculated an individual 
estimated weighted-average dumping margin for Stalkanat, the only 
individually examined exporter/producer in this investigation. Because 
the only individually calculated dumping margin is not zero, de 
minimis, or based entirely on facts otherwise available, the estimated 
weighted-average dumping margin calculated for Stalkanat is the margin 
assigned to all other producers and exporters, pursuant to section 
735(c)(5)(A) of the Act.

Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
PJSC PA Stalkanat-Silur.....................................       19.30
All Others..................................................       19.30
------------------------------------------------------------------------

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, 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 for such entries of 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 
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 respondent-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.

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

[[Page 18500]]

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./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. Changes Since the Preliminary Determination
IV. Discussion of the Issues
    Comment 1: Whether Commerce Should Apply Total Adverse Facts 
Available (AFA) to Stalkanat
    Comment 2: Whether Commerce Should Apply Partial AFA to 
Calculate Stalkanat's Packing Expenses in the Home and U.S. Markets
    Comment 3: Whether the Preliminary Home and U.S. Packing Expense 
Calculation Double Counted Labor and Energy Costs
    Comment 4: Whether to Apply a Warranty Expense to All of 
Stalkanat's U.S. Sales
    Comment 5: Whether to Revise the Calculation of Stalkanat's 
Indirect Selling Expenses
    Comment 6: Whether to Revise the Calculation of Stalkanat's 
General and Administrative (G&A) Expenses
    Comment 7: Whether to Revise the Calculation of Stalkanat's 
Interest Expenses
V. Recommendation

[FR Doc. 2021-07369 Filed 4-8-21; 8:45 am]
BILLING CODE 3510-DS-P