Notice2023-14431
Prestressed Concrete Steel Wire Strand From Malaysia: Preliminary Results of Antidumping Duty Administrative Review, 2020-2022
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 129 (Friday, July 7, 2023)</title>
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[Federal Register Volume 88, Number 129 (Friday, July 7, 2023)]
[Notices]
[Pages 43284-43286]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the
Preliminary Decision Memorandum is available at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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:
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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
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Southern Steel Sdn. Bhd..................................... 0.00
Southern PC Steel Sdn. Bhd.................................. 0.00
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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
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</html>Indexed from Federal Register on July 7, 2023.
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