Notice2023-28932
Prestressed Concrete Steel Wire Strand From Malaysia: Final 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
January 3, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that prestressed concrete steel wire strand (PC strand) from Malaysia was not sold in the United States at less than normal value during the period of review (POR), November 19, 2020, through May 31, 2022.
Full Text
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<title>Federal Register, Volume 89 Issue 2 (Wednesday, January 3, 2024)</title>
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[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Notices]
[Pages 328-330]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28932]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-819]
Prestressed Concrete Steel Wire Strand From Malaysia: Final
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) determines that
prestressed concrete steel wire strand (PC strand) from Malaysia was
not sold in the United States at less than normal value during the
period of review (POR), November 19, 2020, through May 31, 2022.
DATES: Applicable January 3, 2024.
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.
SUPPLEMENTARY INFORMATION:
Background
On July 7, 2023, Commerce published the preliminary results of this
administrative review and invited parties to comment on the Preliminary
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. (KSB) and Wei Dat Steel Wire
Sdn. Bhd. (Wei Dat).\3\ Commerce extended the time period for issuing
the final results until December 29, 2023.\4\ For a complete
description of the events that occurred since the Preliminary Results,
see the Issues and Decision Memorandum.\5\
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\1\ See Prestressed Concrete Steel Wire Strand from Malaysia:
Preliminary Results of Antidumping Duty Administrative Review, 2020-
2022, 88 FR 43284 (July 7, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ 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. For
further details, see the Preliminary Results PDM at footnote 4.
\3\ See Memorandum, ``Respondent Selection,'' dated August 26,
2022.
\4\ See Memoranda, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review, 2020-2022,'' dated October
20, 2023; and ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review, 2020-2022,'' dated December
15, 2023.
\5\ 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; 2020-
2022,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
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Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order \6\
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\6\ 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).
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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.
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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested
[[Page 329]]
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 KSB 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} .''
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, we calculated weighted-average dumping margins for
KSB and Wei Dat that are zero. Therefore, consistent with section
735(c)(5)(B) of the Act, we are applying to Southern Steel Sdn. Bhd.
and Southern PC Steel Sdn. Bhd., the two companies not selected for
individual examination in this review, a margin of zero percent.
Final Results of Review
Commerce determines that the following estimated weighted-average
dumping margins exist for the period November 19, 2020, through May 31,
2022:
------------------------------------------------------------------------
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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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.\7\
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\7\ See 19 CFR 351.224(b).
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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 KSB's and
Wei Dat's weighted-average dumping margins are zero percent, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties. For entries of subject merchandise during the POR
produced by KSB 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) \8\ if there is no rate for the intermediate company(ies)
involved in the transaction.\9\ For the companies which were not
selected for individual review, Southern Steel Sdn. Bhd. and Southern
PC Steel Sdn. Bhd., we will assign an assessment rate based on the
methodology described in the ``Rates for Non-Examined Companies''
section, above.
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\8\ See Order, 86 FR at 30000.
\9\ 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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We intend to instruct CBP to take into account the ``provisional
measures deposit cap,'' in accordance with 19 CFR 351.212(d). 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; and (3) the cash deposit rate for all other manufacturers
or exporters will continue to be 5.13 percent, the all-others rate
established in the less-than-fair-value investigation.\10\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\10\ See Order, 86 FR at 30000.
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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
This notice also serves as a final reminder to parties subject to
an administrative protective order (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
[[Page 330]]
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: December 27, 2023.
Abdelali Elouaradia,
Deputy 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 Commerce Should Apply Total Adverse Facts
Available (AFA) to KSB for Failing to Fully Disclose its
Affiliations
Comment 2: Whether Commerce Should Rely on Annual or Quarterly
Weighted-Average Costs for KSB
Comment 3: Whether Commerce Should Allow KSB's Reported Scrap
Offset
Comment 4: Whether Certain of KSB's Home Market Sales Are
Fictitious
Comment 5: Whether Commerce Should Compare KSB's Reported Home
and U.S. Market Sales Using the Full 90/60 Day Window Period
Comment 6: Whether Commerce Should Reject the Petitioners' Case
Brief
VI. Recommendation
[FR Doc. 2023-28932 Filed 1-2-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 3, 2024.
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