[Federal Register Volume 90, Number 34 (Friday, February 21, 2025)]
[Notices]
[Pages 10063-10066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02925]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-819]
Prestressed Concrete Steel Wire Strand From Malaysia: Final
Results of Antidumping Duty Administrative Review, and Partial
Rescission; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
prestressed concrete steel wire strand (PC strand) from Malaysia was
sold in the United States at less than normal value during the period
of review (POR), June 1, 2022, through May 31, 2023.
DATES: Applicable February 21, 2025.
FOR FURTHER INFORMATION CONTACT: 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) 482-2021.
SUPPLEMENTARY INFORMATION:
Background
On July 10, 2024, Commerce published the preliminary results of
this administrative review and invited parties to comment on the
Preliminary
[[Page 10064]]
Results.\1\ This administrative review covers four producers/exporters
of PC strand from Malaysia.\2\ Commerce selected two respondents for
individual examination, Kiswire Sdn. Bhd. (Kiswire) and Wei Dat Steel
Wire Sdn. Bhd. (Wei Dat).\3\ On July 22, 2024, Commerce tolled certain
deadlines in this administrative proceeding by seven days.\4\ On
November 13, 2024, Commerce extended the time period for issuing the
final results until December 13, 2024.\5\ On December 9, 2024, Commerce
tolled the deadline for the final results by an additional 90 days, to
March 13, 2024.\6\ For a complete description of the events that
occurred since the Preliminary Results, see the Issues and Decision
Memorandum.\7\
---------------------------------------------------------------------------
\1\ See Prestressed Concrete Steel Wire Strand from Malaysia:
Preliminary Results and Preliminary Partial Rescission of
Administrative Review, 2022-2023, 89 FR 56728 (July 10, 2024)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 51271 (August 3, 2023).
\3\ See Memorandum, ``Respondent Selection,'' dated August 31,
2023.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\5\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated November 13, 2024.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\7\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Prestressed Concrete Steel Wire Strand from Malaysia; 2022-
2023,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
---------------------------------------------------------------------------
Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order 8
---------------------------------------------------------------------------
\8\ 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).
---------------------------------------------------------------------------
The product covered by this Order is PC strand from Malaysia. For a
full description of the scope of the Order, see the Issues and Decision
Memorandum.
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 (AD) order for which liquidation is suspended,
Commerce may rescind an administrative review, in whole or only with
respect to a particular exporter or producer.\9\ At the end of the
administrative review, any suspended entries are liquidated at the
assessment rate computed for the review period.\10\ Therefore, for an
administrative review to be conducted, there must be a reviewable,
suspended entry to be liquidated at the newly calculated assessment
rate. In the Preliminary Results, Commerce preliminarily rescinded this
review with respect to Southern Steel Sdn. Bhd. (Southern Steel)
because it had no reviewable, suspended entries of subject merchandise
and invited parties to comment.\11\ We received no comments on our
preliminary rescission of the review with respect to this company.
Accordingly, in the absence of suspended entries of subject merchandise
during the POR, we are hereby rescinding this administrative review, in
part, with respect to Southern Steel, in accordance with 19 CFR
351.213(d)(3).
---------------------------------------------------------------------------
\9\ 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).
\10\ See 19 CFR 351.212(b)(1).
\11\ See Preliminary Results, 89 FR at 56729.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues that parties
raised, and to which we responded in the Issues and Decision
Memorandum, is attached as an appendix to this notice. The Issues and
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 Issues and Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties, we made certain adjustments to the margin
calculations for these final results. However, those adjustments did
not result in any changes to the estimated weighted-average dumping
margins for Kiswire or Wei Dat. For a more detailed discussion of these
changes, see the Issues and Decision Memorandum.
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} .''
In this review, we 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 remaining 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.
Final Results of Review
Commerce determines that the following weighted-average dumping
margins exist for the period June 1, 2022, through May 31, 2023:
------------------------------------------------------------------------
Weighted-average
Exporter/producer dumping margin
(percent)
------------------------------------------------------------------------
Kiswire Sdn. Bhd.................................... 0.00
Wei Dat Steel Wire Sdn. Bhd......................... 0.73
------------------------------------------------------------------------
[[Page 10065]]
Review-Specific Rate Applicable to the Following Non-Examined Companies
------------------------------------------------------------------------
Southern PC Steel Sdn. Bhd.......................... 0.73
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed in
connection with these final results to interested parties within five
days of any public announcement or, if there is no public announcement,
within five days of the date of publication of the notice of final
results in the Federal Register.\12\
---------------------------------------------------------------------------
\12\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this review. Where the respondent's weighted-average
dumping margin is either zero or de minimis (i.e., less than 0.5
percent), we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties. Accordingly, because Kiswire's
weighted-average dumping margins is zero percent, we will instruct CBP
to liquidate the appropriate entries without regard to antidumping
duties. Further, because Wei Dat's weighted-average dumping margin is
not zero or de minimis, Commerce has calculated importer-specific AD
assessment rates based on the ratio of the total amount of dumping
calculated for the examined sales to the total entered value of the
sales.
Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by Kiswire or Wei Dat for
which these companies did not know the merchandise was destined for the
United States, we will instruct CBP to liquidate unreviewed entries at
the all-others rate (i.e., 5.13 percent) \13\ if there is no rate for
the intermediate company(ies) involved in the transaction.\14\
---------------------------------------------------------------------------
\13\ See Order, 86 FR at 30000.
\14\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
For Southern Steel Sdn. Bhd., we will instruct CBP to liquidate any
suspended entries of subject merchandise 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.
For the company which was not selected for individual review,
Southern PC Steel Sdn. Bhd., we will assign an assessment rate based on
the review-specific average rate, calculated as noted in the ``Rates
for Non-Examined Companies'' section above.
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 in these final results will be equal to the weighted-average
dumping margins established in the final results of this administrative
review; (2) for merchandise exported by producers or exporters not
covered in this administrative review but covered in a prior segment of
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this
proceeding; (3) if the exporter is not a firm covered in this review, a
prior review, or the original less-than-fair-value (LTFV)
investigation, but the producer is, the cash deposit rate will be the
rate established for the most recently completed segment of this
proceeding for the producer of the subject merchandise; and (4) the
cash deposit rate for all other manufacturers or exporters will
continue to be 5.13 percent, the all-others rate established in the
LTFV investigation.\15\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
---------------------------------------------------------------------------
\15\ See Order, 86 FR at 30000.
---------------------------------------------------------------------------
Notification to Importers
This notice serves as a final 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 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.
Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return/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 sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these final results in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(5) and 19 CFR 351.213(h)(2).
Dated: February 13, 2025.
Christopher Abbott,
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 Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether KSB's Home Market is Viable
Comment 2: Whether KSB's Home Market is Distorted by a Price-
Based Particular Market Situation (PMS)
[[Page 10066]]
Comment 3: Whether Commerce Should Base KSB's Normal Value (NV)
on Constructed Value (CV)
Comment 4: Whether Commerce Should Revise KSB's Reported General
and Administrative (G&A) Expense Calculation to Account for Certain
Periodic Costs
Comment 5: Whether Commerce Should Revise KSB's Reported G&A
Expense Calculation to Include the Auditor's Adjustment
Comment 6: Revising Wei Dat's Margin Program
VI. Recommendation
[FR Doc. 2025-02925 Filed 2-20-25; 8:45 am]
BILLING CODE 3510-DS-P