[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
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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