[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74887-74888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20801]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-520-809]


Prestressed Concrete Steel Wire Strand From the United Arab 
Emirates: Initiation of Antidumping Duty New Shipper Review

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

SUMMARY: The U.S. Department of Commerce (Commerce) has determined that 
a request for a new shipper review (NSR) of the antidumping duty order 
on prestressed concrete steel wire strand (PC strand) from the United 
Arab Emirates (UAE) meets the statutory and regulatory requirements for 
initiation. The period of review (POR) for the NSR is February 1, 2024, 
through July 31, 2024.

DATES: Applicable September 13, 2024,

FOR FURTHER INFORMATION CONTACT: Alexander Cipolla or Brendan Quinn, 
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) 482-4956 
or (202) 482-5848, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the order on PC Strand from the UAE on February 
1, 2021.\1\ On August 6, 2024, pursuant to

[[Page 74888]]

section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the 
Act), and 19 CFR 351.214(c), Commerce received a timely NSR request 
from Essen Steel Industry L.L.C. (Essen Steel).\2\
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    \1\ See Prestressed Concrete Steel Wire Strand from Argentina, 
Colombia, Egypt, the Netherlands, Saudi Arabia, Taiwan, the Republic 
of Turkey, and the United Arab Emirates: Antidumping Duty Orders, 86 
FR 7703 (February 1, 2021) (Order).
    \2\ See Essen Steel's Letter, ``Request for New Shipper 
Administrative Review of Antidumping Duty Order,'' dated August 5, 
2024 (NSR Request). We note that this request was filed after close 
of business on August 5, 2024. As such, we treat August 6, 2024, as 
the official file date. See, generally, 19 CFR 351.303(b)(1).
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    In its submission, Essen Steel certified that it is the producer 
and exporter of the subject merchandise subject to this NSR request.\3\ 
Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), Essen Steel certified that it did not export PC 
strand to the United States during the period of investigation 
(POI).\4\ Additionally, pursuant to section 751(a)(2)(B)(i)(II) of the 
Act and 19 CFR 351.214(b)(2)(iii)(A), Essen Steel certified that, since 
the initiation of the investigation, it has not been affiliated with 
any producer or exporter that exported PC strand to the United States 
during the POI, including those not individually examined during the 
investigation.\5\
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    \3\ Id. at 2.
    \4\ Id. at Exhibit 1.
    \5\ Id.
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    In its submission, pursuant to 19 CFR 351.214(b)(2)(iv), Essen 
Steel certified that it will provide necessary information related to 
the unaffiliated customer in the United States during the NSR.\6\ Essen 
Steel also provided a certification by its unaffiliated customer of its 
willingness to participate in the NSR.\7\
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    \6\ Id.
    \7\ Id. at Exhibit 2.
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    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(v), Essen Steel submitted documentation establishing 
the following: (1) the date on which the subject merchandise was first 
entered, or withdrawn from warehouse, for consumption; (2) the volume 
of its first shipment, including whether such shipment was made in a 
commercial quantity; and (3) the date of its first sale to an 
unaffiliated customer in the United States.\8\ Essen Steel stated that 
it has not made subsequent shipments of subject merchandise during the 
POR.\9\
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    \8\ Id. at Exhibit 3.
    \9\ Id. at 2.
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    Additionally, Essen Steel submitted documentation establishing the 
circumstances surrounding such sale, including: (1) the price of such 
sale; (2) any expenses arising from such sale; (3) whether the subject 
merchandise involved in such sale was resold in the United States at a 
profit; and (4) whether such sale were made on an arms-length 
basis.\10\ Essen Steel also submitted documentation regarding its 
business activities, including: (1) its offers to sell merchandise in 
the United States; (2) an identification of the complete circumstance 
surrounding its sales to the United States, as well as any home market 
or third country sales; and (3) an identification of its relationship 
to the first unaffiliated U.S. purchaser.\11\
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    \10\ Id. at Exhibit 5.
    \11\ Id. at Exhibit 4.
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    Commerce conducted a query of U.S. Customs and Border Protection 
(CBP) data and confirmed that Essen Steel's subject merchandise entered 
the United States for consumption and that liquidation of such entries 
had been properly suspended for antidumping duties. The CBP data that 
Commerce examined are consistent with information provided by Essen 
Steel in its NSR request. In particular, the CBP data confirm the price 
and quantity reported by Essen Steel for the sale that forms the basis 
of its NSR request.\12\
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    \12\ Id at Exhibit 3.; see also Memorandum, ``Initiation of 
Antidumping Duty New Shipper Review,'' dated concurrently with this 
notice.
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Period of Review

    In accordance with 19 CFR 351.214(g)(1)(i)(B), the POR for an NSR 
initiated in the month immediately following the semiannual anniversary 
month will be the six-month period immediately preceding the semiannual 
anniversary month. Therefore, the POR for this NSR is February 1, 2024, 
through July 31, 2024.

Initiation of NSR

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), 
and based on the information on the record, we find that Essen Steel's 
NSR request meets the threshold requirements for initiation of an NSR 
of its shipment of PC strand to the United States.\13\ However, if the 
information supplied by Essen Steel is later found to be incorrect or 
insufficient during the course of this NSR, Commerce may rescind the 
review or apply adverse facts available, pursuant to section 776 of the 
Act, as appropriate. Pursuant to 19 CFR 351.221(c)(1)(i), Commerce will 
publish the notice of initiation of an NSR no later than the last day 
of the month following the anniversary or semiannual anniversary month 
of the order. Commerce intends to issue the preliminary results of this 
review no later than 180 days from the date of initiation, and the 
final results of this review no later than 90 days after the date the 
preliminary results are issued.\14\
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    \13\ See, generally, NSR Request.
    \14\ See section 751(a)(2)(B)(iii) of the Act.
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    We intend to conduct this NSR in accordance with section 
751(a)(2)(B) of the Act.\15\ Because Essen Steel certified that it 
exported subject merchandise, the sale of which is the basis for its 
NSR request, Commerce will instruct CBP to continue to suspend 
liquidation of all entries of subject merchandise produced and exported 
by Essen Steel. To assist in its analysis of the bona fide nature of 
Essen Steel's sale, upon initiation of this NSR, Commerce will require 
Essen Steel to submit, on an ongoing basis, complete transaction 
information concerning any sales of subject merchandise to the United 
States that were made subsequent to the POR. Further, in accordance 
with section 751(a)(2)(B)(iv)(VII) of the Act and 19 CFR 351.214(k), 
Essen Steel will be required to provide information regarding the 
following factors for Commerce's consideration in determining whether 
the sales made by Essen Steel during the POR are bona fide: (1) whether 
the producer, exporter, or customer was established for purposes of the 
sale in question after the imposition of the relevant antidumping or 
countervailing duty order; (2) whether the producer, exporter, or 
customer has lines of business unrelated to the subject merchandise; 
(3) the quantity of sales; and (4) any other factor that Commerce 
determines to be relevant with respect to the future selling behavior 
of the producer or exporter, including any other indicia that the sale 
was not commercially viable.
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    \15\ The Act was amended by the Trade Facilitation and Trade 
Enforcement Act of 2015 which removed from section 751(a)(2)(B) of 
the Act the provision directing Commerce to instruct CBP to allow an 
importer the option of posting a bond or security in lieu of a cash 
deposit during the pendency of an NSR. This was also codified in 
Commerce's regulations at 19 CFR 351.214(e).
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    Interested parties requiring access to proprietary information in 
this NSR should submit applications for disclosure under administrative 
protective order in accordance with 19 CFR 351.305 and 351.306. This 
initiation notice is published in accordance with section 751(a)(2)(B) 
of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: September 9, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2024-20801 Filed 9-12-24; 8:45 am]
BILLING CODE 3510-DS-P