[Federal Register Volume 88, Number 129 (Friday, July 7, 2023)]
[Notices]
[Pages 43284-43286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14431]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-819]


Prestressed Concrete Steel Wire Strand From Malaysia: Preliminary 
Results of Antidumping Duty Administrative Review, 2020-2022

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that prestressed concrete steel wire strand (PC strand) from 
Malaysia was not sold in the United States at prices below normal 
value. The period of review (POR) is November 19, 2020, through May 31, 
2022. Interested parties are invited to comment on these preliminary 
results.

DATES: Applicable July 7, 2023.

FOR FURTHER INFORMATION CONTACT: Miranda Bourdeau or Samuel Frost, 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) 482-2021 or (202) 
482-8180, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 4, 2021, Commerce published in the Federal Register an 
antidumping duty order on PC strand from Malaysia.\1\ On June 3, 2022, 
we published in the Federal Register a notice of opportunity to request 
an administrative review of the Order.\2\ On August 9, 2022, based on 
timely requests for an administrative review, Commerce initiated an 
administrative review with respect to four companies.\3\ On August 26, 
2022, Commerce selected Kiswire Sdn. Bhd. (Kiswire) and Wei Dat Steel 
Wire Sdn. Bhd. (Wei Dat) as mandatory respondents for individual 
examination.\4\
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    \1\ See Prestressed Concrete Steel Wire Strand from Indonesia, 
Italy, Malaysia, South Africa, Spain, Tunisia, and Ukraine: 
Antidumping Duty Orders, 86 FR 29998 (June 4, 2021) (Order).
    \2\ See Antidumping and Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 33706 (June 3, 
2022).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 48459 (August 9, 2022) (Initiation 
Notice). Although there are five entities listed in the Initiation 
Notice, one of these entities (i.e., Kiswire Sdn. Bhd. (Kota 
Kiswire)) is part of another exporter/producer under review. Thus, 
Commerce only considers four of these entities to be companies 
covered by this administrative review. For further details, see 
Memorandum, ``Decision Memorandum for the Preliminary Results of the 
Antidumping Duty Administrative Review of Prestressed Concrete Steel 
Wire Strand from Malaysia; 2020-2022,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
    \4\ See Memorandum, ``Respondent Selection,'' dated August 26, 
2022; see also Preliminary Decision Memorandum at 2.
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    On February 17, 2023, Commerce extended the time limit for 
completing the preliminary results of this review until June 30, 
2023.\5\ For a complete description of the events between the 
initiation of this review and these preliminary results, see the 
Preliminary Decision Memorandum
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    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review; 2021-2022,'' 
dated February 17, 2023.

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[[Page 43285]]

Scope of the Order

    The merchandise covered by the scope of this Order is prestressed 
concrete steel wire strand. A complete description of the scope of the 
Order is in the Preliminary Decision Memorandum.\6\
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    \6\ See the Preliminary Decision Memorandum at ``Scope of the 
Order.''
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Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act). We calculated 
export price in accordance with section 772(a) of the Act. Normal value 
is calculated in accordance with section 773 of the Act. For a full 
description of the methodology underlying these preliminary results, 
see the Preliminary Decision Memorandum. See the appendix to this 
notice for a complete list of topics discussed in the Preliminary 
Decision Memorandum. The Preliminary Decision Memorandum is a public 
document and is made available to the public 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 
Preliminary Decision Memorandum is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Rate for Non-Examined Companies

    The Act and Commerce's regulations do not address the establishment 
of a rate to be applied to companies not selected for examination when 
Commerce limits its examination in an administrative review pursuant to 
section 777A(c)(2) of the Act. Generally, Commerce looks to section 
735(c)(5) of the Act, which provides instructions for calculating the 
all-others rate in a market economy investigation, for guidance when 
calculating the rate for companies which were not selected for 
individual examination in an administrative review. Under section 
735(c)(5)(A) of the Act, the all-others rate is normally ``an amount 
equal to the weighted average of the estimated weighted-average dumping 
margins established for exporters and producers individually 
investigated, excluding any zero and de minimis margins, and any 
margins determined entirely {on the basis of facts available{time} .''
    Where the dumping margin for individually examined respondents are 
all zero, de minimis, or based entirely on facts available, section 
735(c)(5)(B) of the Act provides that Commerce may use ``any reasonable 
method to establish the estimated all-others rate for exporters and 
producers not individually investigated, including averaging the 
estimated weighted average dumping margins determined for the exporters 
and producers individually investigated.''
    In this review, Commerce preliminarily determines that the 
estimated weighted-average dumping margins for both Kiswire and Wei Dat 
are zero percent. Therefore, in accordance with section 735(c)(5)(B) of 
the Act, we are preliminarily assigning Southern Steel Sdn. Bhd. and 
Southern PC Steel Sdn. Bhd., the two companies not selected for 
individual examination, a rate of zero percent, because we calculated 
rates of zero percent for both mandatory respondents.

Preliminary Results of the Review

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist during the period November 19, 
2020, through May 31, 2022:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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Kiswire Sdn. Bhd............................................        0.00
Wei Dat Steel Wire Sdn. Bhd.................................        0.00
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 Review-Specific Rate Applicable to the Following Non-Examined Companies
------------------------------------------------------------------------
Southern Steel Sdn. Bhd.....................................        0.00
Southern PC Steel Sdn. Bhd..................................        0.00
------------------------------------------------------------------------

Verification

    As provided in section 782(i)(3) of the Act, Commerce intends to 
verify certain information reported by Kiswire prior to issuing its 
final results.

Disclosure and Public Comment

    Commerce intends to disclose to interested parties the calculations 
performed for these preliminary results within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs containing issues pertaining to Kiswire to Commerce no later 
than seven days after the date on which the last verification report is 
issued in this administrative review. Interested parties may submit 
case briefs containing issues pertaining to Wei Dat to Commerce no 
later than 30 days after the publication of this notice. Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed no 
later than seven days after the date for filing the applicable case 
briefs.\7\ Commerce modified certain of its requirements for servicing 
documents containing business proprietary information until further 
notice.\8\ Parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) a statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\9\ Note that Commerce has temporarily modified certain 
portions of its requirements for serving documents containing business 
proprietary information, until further notice.\10\
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    \7\ See 19 CFR 351.309(d).
    \8\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension Effective Period, 85 FR 41363 (July 10, 2020) 
(Temporary Rule).
    \9\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for 
general filing requirements).
    \10\ See Temporary Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, filed 
electronically via ACCESS within 30 days of the date of publication of 
this notice. Requests should contain: (1) the party's name, address, 
and telephone number; (2) the number of participants; and (3) a list of 
the issues to be discussed. An electronically-filed hearing request 
must be received successfully in its entirety by ACCESS by 5:00 p.m. 
Eastern Time on the established deadline.
    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of issues raised in the 
case briefs, no later than 120 days after the date of publication of 
this notice, pursuant to section 751(a)(3)(A) of the Act, unless 
otherwise extended.

Assessment Rates

    Upon issuance of the final results of this administrative review, 
Commerce shall determine, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries covered by 
this review.\11\ If a respondent's weighted-average dumping margin is 
not zero or de minimis (i.e., less than 0.5 percent) in the final 
results of this review, we will calculate importer-specific assessment 
rates based on the ratio of the total amount of dumping calculated for 
the importer's examined sales to the total entered value of those same 
sales in accordance with 19 CFR 351.212(b)(1). We intend to instruct 
CBP to assess antidumping

[[Page 43286]]

duties on all appropriate entries covered by this review when the 
importer-specific assessment rate calculated in the final results of 
this review is not zero or de minimis. Where an importer-specific 
assessment rate is zero or de minimis in the final results of this 
review, or where the cash deposit rate is zero or de minimis, we intend 
to instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties in accordance with 19 CFR 351.106(c)(2). If Commerce 
calculates margins above de minimis in the final results of this 
review, we intend to instruct CBP to take into account the 
``provisional measures deposit cap,'' in accordance with 19 CFR 
351.212(d). For the companies which were not selected for individual 
review, we will assign an assessment rate based on the review-specific 
average rate, calculated as noted in the ``Preliminary Results of 
Review'' section above. The final results of this review shall be the 
basis for the assessment of antidumping duties on entries of 
merchandise covered by this review and for future deposits of estimated 
duties, where applicable.\12\
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    \11\ See 19 CFR 351.212(b)(1).
    \12\ See section 751(a)(2)(C) of the Act.
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by Kiswire 
or Wei Dat for which these companies did not know that the merchandise 
was destined for the United States, we will instruct CBP to liquidate 
those entries at the all-others rate established in the original less-
than-fair-value (LTFV) investigation (i.e., 5.13 percent),\13\ if there 
is no rate for the intermediate company(ies) involved in the 
transaction.\14\
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    \13\ See Order, 86 FR at 30000.
    \14\ For a full description of this practice, see Antidumping 
and Countervailing Duty Proceedings: Assessment of Antidumping 
Duties, 68 FR 23954 (May 6, 2003).
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    We intend to issue instructions to CBP no earlier than 35 days 
after the publication date of the final results of this review in the 
Federal Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication in the Federal Register of the notice of final results of 
this administrative review for all shipments of the subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication, as provided by section 751(a)(2)(C) of the Act: 
(1) the cash deposit rate for the companies listed in the final results 
of this review will be equal to the weighted-average dumping margin 
established in the final results of this administrative review; (2) if 
the exporter is not a firm covered in this review, or the original LTFV 
investigation, but the producer is, then the cash deposit rate will be 
the rate established for the most recently-completed segment of this 
proceeding for the producer of the merchandise; (3) the cash deposit 
rate for all other producers or exporters will continue to be 5.13 
percent, the all-others rate established in the LTFV investigation.\15\ 
The cash deposit requirements, when imposed, shall remain in effect 
until further notice.
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    \15\ See Order, 86 FR at 30000.
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Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during the POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification to Interested Parties

    Commerce is issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).

    Dated: June 30, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

[FR Doc. 2023-14431 Filed 7-6-23; 8:45 am]
BILLING CODE 3510-DS-P