Notice2024-15104
Prestressed Concrete Steel Wire Strand From Malaysia: Preliminary Results and Preliminary Partial Rescission of Antidumping Duty Administrative Review; 2022-2023
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 10, 2024
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 Malaysia for the period of review (POR) June 1, 2022, through May 31, 2023. Commerce preliminarily finds that PC Strand from Malaysia was sold in the United States at prices below normal value (NV) during the POR. We are also preliminarily rescinding the review with respect to one company that had no entries of the subject merchandise during the POR. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 132 (Wednesday, July 10, 2024)</title>
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[Federal Register Volume 89, Number 132 (Wednesday, July 10, 2024)]
[Notices]
[Pages 56728-56731]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15104]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-819]
Prestressed Concrete Steel Wire Strand From Malaysia: Preliminary
Results and Preliminary Partial Rescission of Antidumping Duty
Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
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 Malaysia for the period of
review (POR) June 1, 2022, through May 31, 2023. Commerce preliminarily
finds that PC Strand from Malaysia was sold in the United States at
prices below normal value (NV) during the POR. We
[[Page 56729]]
are also preliminarily rescinding the review with respect to one
company that had no entries of the subject merchandise during the POR.
We invite interested parties to comment on these preliminary results.
DATES: Applicable July 10, 2024.
FOR FURTHER INFORMATION CONTACT: Alice Maldanado or 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) 482-4682 or (202)
482-2021, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 3, 2023, Commerce initiated an administrative review of
the antidumping duty order on PC strand from Malaysia, in accordance
with section 751(a) of the Tariff Act of 1930, as amended (the Act).\1\
This review covers four producers/exporters of subject merchandise. On
August 31, 2023, Commerce selected Kiswire Sdn. Bhd. (Kiswire)
(Kiswire) and Wei Dat Steel Wire Sdn. Bhd. (Wei Dat) as mandatory
respondents for individual examination.\2\ On April 26, 2024, Commerce
extended the deadline for the preliminary results to June 28, 2024.\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 Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 51271 (August 3, 2023); see also
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 Memorandum, ``Respondent Selection,'' dated August 31,
2023.
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated April 26,
2024.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Prestressed Concrete Wire Strand from Malaysia; 2022-2023,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The merchandise subject to the Order is prestressed concrete steel
wire strand from Malaysia. For a full description of the scope, see the
Preliminary Decision Memorandum.
Preliminary 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 order for which liquidation is suspended, Commerce may
rescind an administrative review, in whole or only with respect to a
particular exporter or producer.\5\ At the completion of the
administrative review, any suspended entries are liquidated at the
assessment rate computed for the review period.\6\ Therefore, for an
administrative review to be conducted, there must be a reviewable,
suspended entry to be liquidated at the newly calculated assessment
rate.
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\5\ 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).
\6\ See 19 CFR 351.212(b)(1).
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On August 15, 2023, we released U.S. import data from U.S. Customs
and Border Protection (CBP) for the purpose of respondent selection.\7\
These data showed that one company for which Commerce initiated an
administrative review, Southern Steel Sdn. Bhd. (Southern Steel), had
no reviewable, suspended entries of subject merchandise.\8\
Accordingly, pursuant to 19 CFR 351.213(d)(3) and (d)(4), we are
preliminarily rescinding this administrative review with respect to
Southern Steel. Absent evidence of a shipment on the record from
Southern Steel during the POR, Commerce intends to rescind its review
of Southern Steel, pursuant to 19 CFR 351.213(d)(3).
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\7\ See Memorandum, ``CBP Data Release,'' dated August 15, 2023.
\8\ Id.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. We calculated export price in accordance with
section 772(a) of the Act. We calculated NV 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 the topics discussed in the Preliminary Decision Memorandum is
included as an appendix to this notice. 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, 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>.
Rate for Non-Examined Company
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 preliminarily 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 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.
Preliminary Results of the Review
We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period June 1, 2022, through May
31, 2023:
[[Page 56730]]
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Weighted-average
Exporter/producer dumping margin
(percent)
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Kiswire Sdn. Bhd.................................... 0.00
Wei Dat Steel Wire Sdn. Bhd......................... 0.73
Review-Specific Rate Applicable to the Following Non-
Examined Company:
Southern PC Steel Sdn. Bhd...................... 0.73
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days of the date of publication of this notice.\9\ Interested
parties may submit case briefs no later than 30 days after the date of
publication of this notice.\10\ Rebuttal briefs, limited to issues
raised in the case briefs, may be filed not later than five days after
the date for filing case briefs.\11\ Interested parties who submit case
or rebuttal briefs in this proceeding must submit: (1) a table of
contents listing each issue; and (2) a table of authorities.\12\
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\9\ See 19 CFR 351.224(b).
\10\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\11\ 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).
\12\ See 19 351.309(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 briefs 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.\13\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public 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 public 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).\14\
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\13\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\14\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
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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.\15\ Requests should
contain: (1) the party's name, address, and telephone number; (2) the
number of participants and whether any participant is a foreign
national; and (3) a list of issues to be discussed. Issues raised in
the hearing will be limited to those raised in case and rebuttal
briefs.\16\ If a request for a hearing is made, Commerce intends to
hold the hearing at a time and date to be determined. A hearing request
must be filed electronically using ACCESS and received in its entirety
by 5:00 p.m. Eastern Time within 30 days after the publication of this
notice.
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\15\ See 19 CFR 351.310(c).
\16\ See 19 CFR 351.310.
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Assessment Rates
Upon completion of the final results of this administrative review,
Commerce shall determine, and CBP shall assess, antidumping duties on
all appropriate entries covered by this review.\17\ Pursuant to 19 CFR
351.212(b)(1), if the weighted-average dumping margin for Kiswire or
Wei Dat is not zero or de minimis (i.e., less than 0.50 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. If either respondent's weighted-average dumping
margin is zero or de minimis in the final results of review, or if an
importer-specific assessment rate is zero or de minimis, Commerce will
instruct CBP to liquidate appropriate entries without regard to
antidumping duties. 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.\18\
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\17\ See 19 CFR 351.212(b).
\18\ See section 751(a)(2)(C) of the Act.
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If, in the final results, we continue to find that the
administrative review for Southern Steel Sdn. Bhd. should be rescinded,
we will instruct CBP to assess antidumping duties on any suspended
entries 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.
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Kiswire
or Wei Dat for which the company 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) \19\ if there is
no rate for the intermediate company(ies) involved in the
transaction.\20\ For the company which was 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.
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\19\ See Order, 86 FR at 30000.
\20\ 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).
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 above will be equal to the weighted-average dumping margins
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
[[Page 56731]]
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 be the company-specific rate published for the most recently-
completed segment in which it was reviewed; (3) if the exporter is not
a firm covered in this review or in 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; and (4) 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.\21\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\21\ See Order, 86 FR at 30000.
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, no later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
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 this 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) of the Act, and 19 CFR 351.213(h)(2) and
19 CFR 351.221(b)(4).
Dated: June 28, 2024.
Ryan Majerus,
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 Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Partial Rescission of Administrative Review
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024-15104 Filed 7-9-24; 8:45 am]
BILLING CODE 3510-DS-P
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