Notice2023-14984
Prestressed Concrete Steel Wire Strand From Ukraine: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Intent To Rescind, in Part; 2020-2022
Primary source
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Published
July 14, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 134 (Friday, July 14, 2023)</title>
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[Federal Register Volume 88, Number 134 (Friday, July 14, 2023)]
[Notices]
[Pages 45133-45135]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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.
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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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, the Preliminary Decision Memorandum may
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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:
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Weighted-
average
Producer and/or exporter dumping
margin
(percent)
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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,<SUP>10</SUP>
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
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</html>Indexed from Federal Register on July 14, 2023.
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