Notice2024-20801
Prestressed Concrete Steel Wire Strand From the United Arab Emirates: Initiation of Antidumping Duty New Shipper Review
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
September 13, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) has determined that a request for a new shipper review (NSR) of the antidumping duty order on prestressed concrete steel wire strand (PC strand) from the United Arab Emirates (UAE) meets the statutory and regulatory requirements for initiation. The period of review (POR) for the NSR is February 1, 2024, through July 31, 2024.
Full Text
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<title>Federal Register, Volume 89 Issue 178 (Friday, September 13, 2024)</title>
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[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74887-74888]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20801]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-520-809]
Prestressed Concrete Steel Wire Strand From the United Arab
Emirates: Initiation of Antidumping Duty New Shipper Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) has determined that
a request for a new shipper review (NSR) of the antidumping duty order
on prestressed concrete steel wire strand (PC strand) from the United
Arab Emirates (UAE) meets the statutory and regulatory requirements for
initiation. The period of review (POR) for the NSR is February 1, 2024,
through July 31, 2024.
DATES: Applicable September 13, 2024,
FOR FURTHER INFORMATION CONTACT: Alexander Cipolla or Brendan Quinn,
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) 482-4956
or (202) 482-5848, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the order on PC Strand from the UAE on February
1, 2021.\1\ On August 6, 2024, pursuant to
[[Page 74888]]
section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.214(c), Commerce received a timely NSR request
from Essen Steel Industry L.L.C. (Essen Steel).\2\
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\1\ See Prestressed Concrete Steel Wire Strand from Argentina,
Colombia, Egypt, the Netherlands, Saudi Arabia, Taiwan, the Republic
of Turkey, and the United Arab Emirates: Antidumping Duty Orders, 86
FR 7703 (February 1, 2021) (Order).
\2\ See Essen Steel's Letter, ``Request for New Shipper
Administrative Review of Antidumping Duty Order,'' dated August 5,
2024 (NSR Request). We note that this request was filed after close
of business on August 5, 2024. As such, we treat August 6, 2024, as
the official file date. See, generally, 19 CFR 351.303(b)(1).
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In its submission, Essen Steel certified that it is the producer
and exporter of the subject merchandise subject to this NSR request.\3\
Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR
351.214(b)(2)(i), Essen Steel certified that it did not export PC
strand to the United States during the period of investigation
(POI).\4\ Additionally, pursuant to section 751(a)(2)(B)(i)(II) of the
Act and 19 CFR 351.214(b)(2)(iii)(A), Essen Steel certified that, since
the initiation of the investigation, it has not been affiliated with
any producer or exporter that exported PC strand to the United States
during the POI, including those not individually examined during the
investigation.\5\
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\3\ Id. at 2.
\4\ Id. at Exhibit 1.
\5\ Id.
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In its submission, pursuant to 19 CFR 351.214(b)(2)(iv), Essen
Steel certified that it will provide necessary information related to
the unaffiliated customer in the United States during the NSR.\6\ Essen
Steel also provided a certification by its unaffiliated customer of its
willingness to participate in the NSR.\7\
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\6\ Id.
\7\ Id. at Exhibit 2.
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In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(v), Essen Steel submitted documentation establishing
the following: (1) the date on which the subject merchandise was first
entered, or withdrawn from warehouse, for consumption; (2) the volume
of its first shipment, including whether such shipment was made in a
commercial quantity; and (3) the date of its first sale to an
unaffiliated customer in the United States.\8\ Essen Steel stated that
it has not made subsequent shipments of subject merchandise during the
POR.\9\
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\8\ Id. at Exhibit 3.
\9\ Id. at 2.
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Additionally, Essen Steel submitted documentation establishing the
circumstances surrounding such sale, including: (1) the price of such
sale; (2) any expenses arising from such sale; (3) whether the subject
merchandise involved in such sale was resold in the United States at a
profit; and (4) whether such sale were made on an arms-length
basis.\10\ Essen Steel also submitted documentation regarding its
business activities, including: (1) its offers to sell merchandise in
the United States; (2) an identification of the complete circumstance
surrounding its sales to the United States, as well as any home market
or third country sales; and (3) an identification of its relationship
to the first unaffiliated U.S. purchaser.\11\
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\10\ Id. at Exhibit 5.
\11\ Id. at Exhibit 4.
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Commerce conducted a query of U.S. Customs and Border Protection
(CBP) data and confirmed that Essen Steel's subject merchandise entered
the United States for consumption and that liquidation of such entries
had been properly suspended for antidumping duties. The CBP data that
Commerce examined are consistent with information provided by Essen
Steel in its NSR request. In particular, the CBP data confirm the price
and quantity reported by Essen Steel for the sale that forms the basis
of its NSR request.\12\
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\12\ Id at Exhibit 3.; see also Memorandum, ``Initiation of
Antidumping Duty New Shipper Review,'' dated concurrently with this
notice.
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Period of Review
In accordance with 19 CFR 351.214(g)(1)(i)(B), the POR for an NSR
initiated in the month immediately following the semiannual anniversary
month will be the six-month period immediately preceding the semiannual
anniversary month. Therefore, the POR for this NSR is February 1, 2024,
through July 31, 2024.
Initiation of NSR
Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b),
and based on the information on the record, we find that Essen Steel's
NSR request meets the threshold requirements for initiation of an NSR
of its shipment of PC strand to the United States.\13\ However, if the
information supplied by Essen Steel is later found to be incorrect or
insufficient during the course of this NSR, Commerce may rescind the
review or apply adverse facts available, pursuant to section 776 of the
Act, as appropriate. Pursuant to 19 CFR 351.221(c)(1)(i), Commerce will
publish the notice of initiation of an NSR no later than the last day
of the month following the anniversary or semiannual anniversary month
of the order. Commerce intends to issue the preliminary results of this
review no later than 180 days from the date of initiation, and the
final results of this review no later than 90 days after the date the
preliminary results are issued.\14\
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\13\ See, generally, NSR Request.
\14\ See section 751(a)(2)(B)(iii) of the Act.
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We intend to conduct this NSR in accordance with section
751(a)(2)(B) of the Act.\15\ Because Essen Steel certified that it
exported subject merchandise, the sale of which is the basis for its
NSR request, Commerce will instruct CBP to continue to suspend
liquidation of all entries of subject merchandise produced and exported
by Essen Steel. To assist in its analysis of the bona fide nature of
Essen Steel's sale, upon initiation of this NSR, Commerce will require
Essen Steel to submit, on an ongoing basis, complete transaction
information concerning any sales of subject merchandise to the United
States that were made subsequent to the POR. Further, in accordance
with section 751(a)(2)(B)(iv)(VII) of the Act and 19 CFR 351.214(k),
Essen Steel will be required to provide information regarding the
following factors for Commerce's consideration in determining whether
the sales made by Essen Steel during the POR are bona fide: (1) whether
the producer, exporter, or customer was established for purposes of the
sale in question after the imposition of the relevant antidumping or
countervailing duty order; (2) whether the producer, exporter, or
customer has lines of business unrelated to the subject merchandise;
(3) the quantity of sales; and (4) any other factor that Commerce
determines to be relevant with respect to the future selling behavior
of the producer or exporter, including any other indicia that the sale
was not commercially viable.
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\15\ The Act was amended by the Trade Facilitation and Trade
Enforcement Act of 2015 which removed from section 751(a)(2)(B) of
the Act the provision directing Commerce to instruct CBP to allow an
importer the option of posting a bond or security in lieu of a cash
deposit during the pendency of an NSR. This was also codified in
Commerce's regulations at 19 CFR 351.214(e).
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Interested parties requiring access to proprietary information in
this NSR should submit applications for disclosure under administrative
protective order in accordance with 19 CFR 351.305 and 351.306. This
initiation notice is published in accordance with section 751(a)(2)(B)
of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).
Dated: September 9, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2024-20801 Filed 9-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 13, 2024.
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