[Federal Register Volume 89, Number 132 (Wednesday, July 10, 2024)]
[Notices]
[Pages 56728-56731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15104]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-819]


Prestressed Concrete Steel Wire Strand From Malaysia: Preliminary 
Results and Preliminary Partial Rescission of Antidumping Duty 
Administrative Review; 2022-2023

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

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 Malaysia for the period of 
review (POR) June 1, 2022, through May 31, 2023. Commerce preliminarily 
finds that PC Strand from Malaysia was sold in the United States at 
prices below normal value (NV) during the POR. We

[[Page 56729]]

are also preliminarily rescinding the review with respect to one 
company that had no entries of the subject merchandise during the POR. 
We invite interested parties to comment on these preliminary results.

DATES: Applicable July 10, 2024.

FOR FURTHER INFORMATION CONTACT: Alice Maldanado or Miranda Bourdeau, 
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) 482-4682 or (202) 
482-2021, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 3, 2023, Commerce initiated an administrative review of 
the antidumping duty order on PC strand from Malaysia, in accordance 
with section 751(a) of the Tariff Act of 1930, as amended (the Act).\1\ 
This review covers four producers/exporters of subject merchandise. On 
August 31, 2023, Commerce selected Kiswire Sdn. Bhd. (Kiswire) 
(Kiswire) and Wei Dat Steel Wire Sdn. Bhd. (Wei Dat) as mandatory 
respondents for individual examination.\2\ On April 26, 2024, Commerce 
extended the deadline for the preliminary results to June 28, 2024.\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 Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 51271 (August 3, 2023); see also 
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 Memorandum, ``Respondent Selection,'' dated August 31, 
2023.
    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated April 26, 
2024.
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Prestressed Concrete Wire Strand from Malaysia; 2022-2023,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise subject to the Order is prestressed concrete steel 
wire strand from Malaysia. For a full description of the scope, see the 
Preliminary Decision Memorandum.

Preliminary Rescission of Administrative Review, in Part

    Pursuant to 19 CFR 351.213(d)(3), when there are no reviewable 
entries of subject merchandise during the POR subject to the 
antidumping duty order for which liquidation is suspended, Commerce may 
rescind an administrative review, in whole or only with respect to a 
particular exporter or producer.\5\ At the completion of the 
administrative review, any suspended entries are liquidated at the 
assessment rate computed for the review period.\6\ Therefore, for an 
administrative review to be conducted, there must be a reviewable, 
suspended entry to be liquidated at the newly calculated assessment 
rate.
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    \5\ See, e.g., Forged Steel Fittings from Taiwan: Rescission of 
Antidumping Duty Administrative Review; 2018-2019, 85 FR 71317, 
71318 (November 9, 2020); see also Certain Circular Welded Non-Alloy 
Steel Pipe from Mexico: Rescission of Antidumping Duty 
Administrative Review; 2016-2017, 83 FR 54084 (October 26, 2018).
    \6\ See 19 CFR 351.212(b)(1).
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    On August 15, 2023, we released U.S. import data from U.S. Customs 
and Border Protection (CBP) for the purpose of respondent selection.\7\ 
These data showed that one company for which Commerce initiated an 
administrative review, Southern Steel Sdn. Bhd. (Southern Steel), had 
no reviewable, suspended entries of subject merchandise.\8\ 
Accordingly, pursuant to 19 CFR 351.213(d)(3) and (d)(4), we are 
preliminarily rescinding this administrative review with respect to 
Southern Steel. Absent evidence of a shipment on the record from 
Southern Steel during the POR, Commerce intends to rescind its review 
of Southern Steel, pursuant to 19 CFR 351.213(d)(3).
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    \7\ See Memorandum, ``CBP Data Release,'' dated August 15, 2023.
    \8\ Id.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act. We calculated export price in accordance with 
section 772(a) of the Act. We calculated NV in accordance with section 
773 of the Act. For a full description of the methodology underlying 
these preliminary results, see the Preliminary Decision Memorandum. A 
list of the topics discussed in the Preliminary Decision Memorandum is 
included as an appendix to this notice. 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, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Rate for Non-Examined Company

    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} .''
    In this review, we preliminarily calculated weighted-average 
dumping margins of zero percent and 0.73 percent for Kiswire and Wei 
Dat, respectively. Therefore, in accordance with section 735(c)(5)(A) 
of the Act, we are preliminarily applying Wei Dat's weighted-average 
dumping margin of 0.73 percent to the sole non-examined company, 
Southern PC Steel Sdn. Bhd., because this is the only rate that is not 
zero, de minimis, or based entirely on facts available.

Preliminary Results of the Review

    We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period June 1, 2022, through May 
31, 2023:

[[Page 56730]]



------------------------------------------------------------------------
                                                       Weighted-average
                  Exporter/producer                     dumping margin
                                                           (percent)
------------------------------------------------------------------------
Kiswire Sdn. Bhd....................................                0.00
Wei Dat Steel Wire Sdn. Bhd.........................                0.73
Review-Specific Rate Applicable to the Following Non-
 Examined Company:
    Southern PC Steel Sdn. Bhd......................                0.73
------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed to parties within 
five days of the date of publication of this notice.\9\ Interested 
parties may submit case briefs no later than 30 days after the date of 
publication of this notice.\10\ Rebuttal briefs, limited to issues 
raised in the case briefs, may be filed not later than five days after 
the date for filing case briefs.\11\ Interested parties who submit case 
or rebuttal briefs in this proceeding must submit: (1) a table of 
contents listing each issue; and (2) a table of authorities.\12\
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    \9\ See 19 CFR 351.224(b).
    \10\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for 
general filing requirements).
    \11\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023).
    \12\ See 19 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their briefs that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\13\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final results in this administrative review. We 
request that interested parties include footnotes for relevant 
citations in the public executive summary of each issue. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\14\
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    \13\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \14\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings; Final 
Rule, 88 FR 67069 (September 29, 2023).
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, filed electronically via ACCESS.\15\ Requests should 
contain: (1) the party's name, address, and telephone number; (2) the 
number of participants and whether any participant is a foreign 
national; and (3) a list of issues to be discussed. Issues raised in 
the hearing will be limited to those raised in case and rebuttal 
briefs.\16\ If a request for a hearing is made, Commerce intends to 
hold the hearing at a time and date to be determined. A hearing request 
must be filed electronically using ACCESS and received in its entirety 
by 5:00 p.m. Eastern Time within 30 days after the publication of this 
notice.
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    \15\ See 19 CFR 351.310(c).
    \16\ See 19 CFR 351.310.
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Assessment Rates

    Upon completion of the final results of this administrative review, 
Commerce shall determine, and CBP shall assess, antidumping duties on 
all appropriate entries covered by this review.\17\ Pursuant to 19 CFR 
351.212(b)(1), if the weighted-average dumping margin for Kiswire or 
Wei Dat is not zero or de minimis (i.e., less than 0.50 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. If either respondent's weighted-average dumping 
margin is zero or de minimis in the final results of review, or if an 
importer-specific assessment rate is zero or de minimis, Commerce will 
instruct CBP to liquidate appropriate entries without regard to 
antidumping duties. 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.\18\
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    \17\ See 19 CFR 351.212(b).
    \18\ See section 751(a)(2)(C) of the Act.
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    If, in the final results, we continue to find that the 
administrative review for Southern Steel Sdn. Bhd. should be rescinded, 
we will instruct CBP to assess antidumping duties on any suspended 
entries that entered under its CBP case number (i.e., at that 
exporter's rate) at a rate equal to the cash deposit of estimated 
antidumping duties required at the time of entry, or withdrawal from 
warehouse, for consumption, during the POR.
    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by Kiswire 
or Wei Dat for which the company 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) \19\ if there is 
no rate for the intermediate company(ies) involved in the 
transaction.\20\ For the company which was 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.
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    \19\ See Order, 86 FR at 30000.
    \20\ 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).

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies 
listed above will be equal to the weighted-average dumping margins 
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

[[Page 56731]]

351.106(c)(1), in which case the cash deposit rate will be zero; (2) 
for merchandise exported by a company not covered in this review, but 
covered in a prior segment of the proceeding, the cash deposit rate 
will be the company-specific rate published for the most recently-
completed segment in which it was reviewed; (3) if the exporter is not 
a firm covered in this review or in 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; and (4) 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.\21\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \21\ See Order, 86 FR at 30000.
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Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised in any written briefs, no later than 120 
days after the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

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 this 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) of the Act, and 19 CFR 351.213(h)(2) and 
19 CFR 351.221(b)(4).

    Dated: June 28, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the 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. Preliminary Partial Rescission of Administrative Review
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2024-15104 Filed 7-9-24; 8:45 am]
BILLING CODE 3510-DS-P