[Federal Register Volume 88, Number 134 (Friday, July 14, 2023)]
[Notices]
[Pages 45133-45135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14984]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-823-817]


Prestressed Concrete Steel Wire Strand From Ukraine: Preliminary 
Results of Antidumping Duty Administrative Review and Preliminary 
Intent To Rescind, in Part; 2020-2022

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


[[Page 45134]]


SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an 
administrative review of the antidumping duty order on prestressed 
concrete steel wire strand (PC strand) from Ukraine. We preliminarily 
determine that PJSC Stalkanat (Stalkanat) did not make sales of subject 
merchandise at less than normal value during the period of review (POR) 
November 19, 2020, through May 31, 2022. Interested parties are invited 
to comment on these preliminary results.

DATES: Applicable July 14, 2023.

FOR FURTHER INFORMATION CONTACT: Laura Griffith, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-6430.

SUPPLEMENTARY INFORMATION:

Background

    On August 9, 2022, Commerce initiated an administrative review of 
the antidumping duty order \1\ on PC strand from Ukraine covering the 
above-referenced POR.\2\ On February 10, 2023, Commerce extended the 
deadline for issuing the preliminary results of this review to June 30, 
2023.\3\ For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\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 Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 48459 (August 9, 2022) (Initiation).
    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2020-2022 Antidumping Duty Administrative Review,'' dated 
February 10, 2023.
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review: Prestressed 
Concrete Steel Wire Strand from Ukraine; 2020-2022,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order

    The products covered by this Order are prestressed concrete steel 
wire 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. For a full description of the scope of the Order, see the 
Preliminary Decision Memorandum.

Preliminary Results of Successor-in-Interest Analysis and Intent To 
Rescind Administrative Review, in Part

    Commerce initiated this administrative review with respect to PJSC 
Stalkanat (Stalkanat) and PJSC PA Stalkanat-Silur (Stalkanat-Silur), 
the entity that participated in the original investigation. Stalkanat 
reported that it legally separated from Stalkanat-Silur and, 
subsequently, took over the business activities of Stalkanat-Silur in 
Odessa, Ukraine on January 1, 2022. We have analyzed record information 
regarding the management, manufacturing facilities, customers, and 
suppliers of Stalkanat-Silur and Stalkanat, and preliminarily determine 
that Stalkanat's operations are not materially dissimilar to those of 
Stalkanat-Silur prior to its legal separation. Thus, we preliminarily 
find that Stalkanat is the successor-in-interest to Stalkanat-Silur. 
See the Preliminary Decision Memorandum for further information. 
Accordingly, we are preliminarily rescinding the administrative review 
of Stalkanat-Silur.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). We 
calculated export prices for Stalkanat in accordance with section 772 
of the Act. For a full description of the methodology underlying our 
decisions, 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 on file 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, the Preliminary Decision Memorandum may 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Results of the Review

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

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                  Producer and/or exporter                     dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
PJSC Stalkanat.............................................        0.00
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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). 
Interested parties may comment on the preliminary results of this 
review by submitting case briefs to Commerce no later than 30 days 
after the date of publication of these preliminary results of review in 
the Federal Register.\5\ 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.\6\ 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.\7\ Note that Commerce 
has temporarily modified certain portions of its requirements for 
serving documents containing business proprietary information, until 
further notice.\8\
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    \5\ See 19 CFR 351.309(c)(1)(ii).
    \6\ See 19 CFR 351.309(d).
    \7\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for 
general filing requirements).
    \8\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension Effective Period, 85 FR 41363 (July 10, 2020) 
(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

[[Page 45135]]

entries associated with the U.S. sales covered by this review.\9\ If 
Stalkanat'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).
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    \9\ See 19 CFR 351.212(b).
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    Where an importer-specific ad valorem assessment rate is not zero 
or de minimis, we will instruct CBP to collect the appropriate duties 
at the time of liquidation. Where either Stalkanat's ad valorem 
weighted-average dumping margin is zero or de minimis, or an importer-
specific ad valorem assessment rate is zero or de minimis,10 
we will instruct CBP to liquidate the appropriate entries without 
regard to antidumping duties.
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    \10\ See 19 CFR 351.106(c)(2).
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    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).
    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR, produced by 
Stalkanat, for which it did not know that the merchandise it sold was 
destined for the United States, we will instruct CBP to liquidate those 
entries at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\11\
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    \11\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication 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).
    The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise associated 
with the U.S. sales covered by the final results of this review and for 
future deposits of estimated duties, where applicable.\12\
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    \12\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements

    The following cash deposit requirements will be in effect for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the notice of 
the final results of this administrative review in the Federal 
Register, as provided for by section 751(a)(2)(C) of the Act: (1) the 
cash deposit rate for Stalkanat will be equal to the weighted-average 
dumping margin established in the final results of this review, except 
if the rate is less than 0.50 percent, and, therefore, de minimis 
within the meaning of 19 CFR 351.106(c)(1), in which case the cash 
deposit rate will be zero; (2) for previously reviewed or investigated 
companies not participating in this review, the cash deposit rate will 
continue to be the company-specific rate published for the most 
recently-completed segment of this proceeding in which the company was 
reviewed; (3) if the exporter is not a firm covered in this review or a 
previous segment of this proceeding, but the producer is, then the cash 
deposit rate will be the rate established in the most recently 
completed segment for the producer of the subject merchandise; and (4) 
the cash deposit rate for all other producers or exporters will 
continue to be 19.30 percent, the all-others rate established in the 
less-than-fair-value investigation.\13\
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    \13\ See Prestressed Concrete Steel Wire Strand from Ukraine: 
Final Affirmative Determination of Sales at Less Than Fair Value, 
and Final Negative Determination of Critical Circumstances, 86 FR 
18498 (April 9, 2021).
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    These deposit requirements, when imposed, shall remain in effect 
until further notice.

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. 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

    We are issuing and publishing these preliminary results of review 
in accordance with sections 751(a)(1) and 777(i)(l) 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. Successor-in-Interest Analysis
V. Bona Fide Sales Analysis
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2023-14984 Filed 7-13-23; 8:45 am]
BILLING CODE 3510-DS-P