Notice2024-02142
Prestressed Concrete Steel Wire Strand From Thailand: Preliminary Results of Antidumping Duty Administrative Review; 2022
Primary source
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Published
February 2, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that prestressed concrete steel wire strand (PC strand) from Thailand was not sold in the United States at less than normal value (NV) during the period of review (POR) January 1, 2022, through December 31, 2022. We invite interested parties to comment on these preliminary results of review.
Full Text
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<title>Federal Register, Volume 89 Issue 23 (Friday, February 2, 2024)</title>
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[Federal Register Volume 89, Number 23 (Friday, February 2, 2024)]
[Notices]
[Pages 7370-7372]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02142]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-820]
Prestressed Concrete Steel Wire Strand From Thailand: Preliminary
Results of Antidumping Duty Administrative Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that prestressed concrete steel wire strand (PC strand) from Thailand
was not sold in the United States at less than normal value (NV) during
the period of review (POR) January 1, 2022, through December 31, 2022.
We invite interested parties to comment on these preliminary results of
review.
DATES: Applicable February 2, 2024.
FOR FURTHER INFORMATION CONTACT: Samantha Kinney, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2285.
SUPPLEMENTARY INFORMATION:
Background
On January 28, 2004, Commerce published in the Federal Register the
antidumping (AD) duty order on PC strand from Thailand.\1\ On January
3,
[[Page 7371]]
2023, Commerce published in the Federal Register a notice of
opportunity to request an administrative review of the Order for the
POR.\2\ On March 14, 2023, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an AD
administrative review of the Order, covering one producer/exporter, The
Siam Industrial Wire Co., Ltd. (SIW).\3\
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\1\ See Notice of Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order: Prestressed Concrete
Steel Wire Strand from Thailand, 69 FR 4111 (January 28, 2004)
(Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 45 (January 3,
2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 15642 (May 14, 2023).
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Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act), on September 12, 2023, Commerce extended the
deadline for the preliminary results of this review until January 31,
2024.\4\ For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
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\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated September
12, 2023.
\5\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Prestressed
Concrete Steel Wire Strand from Thailand; 2022,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Order
The merchandise covered by the Order is PC strand from Thailand.
For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a) of the Act. Constructed export price is calculated
in accordance with section 772 of the Act. NV 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. A list of
topics discussed in the Preliminary Decision Memorandum is attached as
an appendix to this notice. The Preliminary Decision Memorandum is a
public document and is available 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 can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Preliminary Results of Review
We preliminarily determine the following weighted-average dumping
margin exists for the period January 1, 2022, through December 31,
2022:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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The Siam Industrial Wire Co., Ltd.......................... 0.00
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed for these
preliminary results to interested parties within five days after public
announcement, or if there is no public announcement, within five days
of the date of publication of this notice in the Federal Register.\6\
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to Commerce no later than 30 days after the date of publication
of this notice.\7\ Rebuttal briefs, limited to issues raised in the
case briefs, may be filed no later than five days after the date for
filing case briefs.\8\ Interested parties who submit case briefs or
rebuttal briefs in this proceeding must submit: (1) a table of contents
listing each issue; and (2) a table of authorities.\9\
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\6\ See 19 CFR 351.224(b).
\7\ See 19 CFR 351.303 (for general filing requirements).
\8\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Final Service Rule).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\10\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\11\
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\10\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\11\ See APO and Final Service Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5:00 p.m. Eastern Time
within 30 days after the date of publication of this notice. If a
request for a hearing is made, Commerce intends to hold a hearing at a
time and date to be determined.\12\ Parties should confirm the date,
time, and location of the hearing two days before the scheduled date.
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\12\ See 19 CFR 351.310(d).
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All submissions, including case and rebuttal briefs, as well as
hearing requests, should be filed using ACCESS.\13\ An electronically-
filed document must be received successfully in its entirety by ACCESS
by 5:00 p.m. Eastern Time on the established deadline. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\14\
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\13\ See 19 CFR 351.303.
\14\ See APO and Final Service Rule.
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act, upon completion of the
final results of this administrative review, Commerce shall determine,
and U.S. Customs and Border Protection (CBP) shall assess, ADs on all
appropriate entries of subject merchandise covered by this review.\15\
If the weighted-average dumping margin for SIW is not zero or de
minimis (i.e., less than 0.5 percent) in the final results of this
review, and because SIW reported entered values for all of its sales,
Commerce intends to calculate importer-specific ad valorem assessment
rates based on the ratio of the total amount of dumping calculated for
each importer's examined sales to the total entered value of those
sales, in accordance with 19 CFR 351.212(b)(1).
[[Page 7372]]
We intend to instruct CBP to assess ADs on all appropriate entries
covered by this review when the importer-specific assessment rate
calculated in the final results of this review is above de minimis
(i.e., 0.50 percent). If SIW's overall weighted-average dumping margin
is zero or de minimis or where an importer-specific ad valorem
assessment rate is zero or de minimis in the final results of review,
we intend to instruct CBP to liquidate the appropriate entries without
regard to ADs.\16\ The final results of this administrative review
shall be the basis for the assessment of ADs on entries of merchandise
covered by the final results of this review and for future deposits of
estimated duties, where applicable.\17\
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\15\ See 19 CFR 351.212(b).
\16\ See 19 CFR 351.106(c)(2); see also Antidumping Proceedings:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
\17\ See section 751(a)(2)(C) of the Act.
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For entries of subject merchandise during the POR produced by SIW
for which it did not know that the merchandise was destined for the
United States, we intend to instruct CBP to liquidate unreviewed
entries at the all-others rate (i.e., 12.91 percent) in the original
less-than-fair-value (LTFV) investigation \18\ if there is no rate for
the intermediate company(ies) involved in the transaction.\19\
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\18\ See Order, 69 FR at 4111.
\19\ 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
administrative 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 SIW will be equal to the weighted-average
dumping margin established in the final results of this administrative
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 merchandise exported by a
company not covered in this review but covered in a prior segment of
the proceeding, the cash deposit rate will continue to be the company-
specific cash deposit rate published in the completed segment for the
most recent period; (3) if the exporter is not a firm covered in this
review, or a previous segment, but the producer is, then the cash
deposit rate will be the rate established in the completed segment for
the most recent period for the producer of the merchandise; and (4) the
cash deposit rate for all other producers or exporters will continue to
be 12.91 percent, the all-others rate established in the LTFV
investigation.\20\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\20\ See Order, 69 FR at 4111.
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Final Results of Review
Unless the deadline is otherwise extended, Commerce intends to
issue the final results of this administrative review, including the
results of its analysis of issues raised by interested parties in the
written comments, within 120 days of publication of these preliminary
results in the Federal Register.\21\
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\21\ See section 751(a)(3)(A) of the Act; see also 19 CFR
351.213(h).
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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 ADs prior to liquidation of the relevant
entries during this POR. Failure to comply with this requirement could
result in Commerce's presumption that reimbursement of ADs occurred and
the subsequent assessment of doubled ADs.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213 and 19 CFR 351.221(b)(4).
Dated: January 29, 2024.
Abdelali Elouaradia,
Deputy 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. 2024-02142 Filed 2-1-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 2, 2024.
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