Prestressed Concrete Steel Wire Strand From Malaysia: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2023-2024
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Issuing agencies
Abstract
The U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty (AD) order on prestressed concrete steel wire strand (PC strand) from Malaysia for the period of review (POR) June 1, 2023, through May 31, 2024. Commerce preliminarily finds that Kiswire Sdn. Bhd. (Kiswire) and Wei Dat Steel Wire Sdn. Bhd. (Wei Dat) did not make sales of subject merchandise at prices below normal value (NV) during the POR. Additionally, we are rescinding this review, in part, with respect to one company for which there were no reviewable entries of 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 90 Issue 190 (Friday, October 3, 2025)</title>
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[Federal Register Volume 90, Number 190 (Friday, October 3, 2025)]
[Notices]
[Pages 48037-48040]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19421]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-819]
Prestressed Concrete Steel Wire Strand From Malaysia: Preliminary
Results and Rescission, in Part, of Antidumping Duty Administrative
Review; 2023-2024
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 (AD) order on prestressed
concrete steel wire strand (PC strand) from Malaysia for the period of
review (POR) June 1, 2023, through May 31, 2024. Commerce preliminarily
finds that Kiswire Sdn. Bhd. (Kiswire) and Wei Dat Steel Wire Sdn. Bhd.
(Wei Dat) did not make sales of subject merchandise at prices below
normal value (NV) during the POR. Additionally, we are rescinding this
review, in part, with respect to one company for which there were no
reviewable entries of subject merchandise during the POR. We invite
interested parties to comment on these preliminary results.
DATES: Applicable October 3, 2025.
FOR FURTHER INFORMATION CONTACT: Monica Gillis or Peter Shaw, 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) 482-6384 or (202) 482-0697,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 29, 2024, Commerce initiated an administrative review of
the AD order on PC strand, in accordance with
[[Page 48038]]
section 751(a) of the Tariff Act of 1930, as amended (the Act).\1\ This
review covers four producers/exporters of subject merchandise.\2\
Commerce selected two mandatory respondents for individual examination,
Kiswire and Wei Dat.\3\ On December 9, 2024, Commerce tolled certain
deadlines in this administrative proceeding by 90 days \4\ and, on May
8, 2025, Commerce extended the time limit for completing the
preliminary results of this review until September 26, 2025.\5\ For a
complete description of the events that followed the initiation of the
review, see the Preliminary Decision Memorandum.\6\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 60871 (July 29, 2024) (Initiation
Notice); 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 Initiation Notice.
\3\ See Memorandum, ``Respondent Selection,'' dated August 13,
2024.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated May 8,
2025.
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Prestressed Concrete Wire Strand from Malaysia; 2023-2024,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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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 made available to the public 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>.
Scope of the Order
The product covered by the scope of the Order is PC strand from
Malaysia. For a full description of the scope of the Order, see the
Preliminary Decision Memorandum.
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 AD order
for which liquidation is suspended, Commerce may rescind an
administrative review, in whole or only with respect to a particular
exporter or producer.\7\ At the end of the administrative review, any
suspended entries are liquidated at the assessment rate computed for
the review period.\8\ Therefore, for an administrative review to be
conducted, there must be at least one reviewable, suspended entry that
Commerce can instruct U.S. Customs and Border Protection (CBP) to
liquidate at the newly calculated assessment rate. On August 14, 2024,
Commerce notified all interested parties of its intent to rescind the
administrative review with respect to Southern Steel Sdn. Bhd.
(Southern Steel) because this company had no reviewable, suspended
entries of subject merchandise and invited interested parties to
comment.\9\ We received no comments on our intent to rescind the review
with respect to Southern Steel. Accordingly, pursuant to 19 CFR
351.213(d)(3), we are rescinding this administrative review, in part,
with respect to Southern Steel.
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\7\ 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).
\8\ See 19 CFR 351.212(b)(1).
\9\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated August 14, 2024.
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. We calculated export price and NV in accordance with
sections 772(a) and 773 of the Act, respectively.
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. 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, Commerce preliminarily calculated weighted-average
dumping margins for both Kiswire and Wei Dat that are zero percent.
Therefore, consistent with the U.S. Court of Appeals for the Federal
Circuit's decision in Albemarle,\10\ and Commerce's practice,\11\ we
assigned the sole non-examined company, Southern PC Steel Sdn. Bhd., a
rate of zero percent, because we calculated rates of zero percent for
both mandatory respondents, pursuant to section 735(c)(5)(B) of the
Act.
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\10\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed.
Cir. 2016) (Albemarle).
\11\ See, e.g., Certain Cold-Rolled Steel Flat Products from the
Republic of Korea: Preliminary Results of Antidumping Duty
Administrative Review; 2020-2021, 87 FR 60989 (October 7, 2022),
unchanged in Certain Cold-Rolled Steel Flat Products from the
Republic of Korea: Final Results of Antidumping Duty Administrative
Review; 2020-2021, 88 FR 20218 (April 5, 2023).
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Preliminary Results of the Review
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist for the period June 1, 2023,
through May 31, 2024:
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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................................ 0.00
Southern PC Steel Sdn. Bhd................................. 0.00
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Disclosure
Commerce intends to disclose the calculations performed in
connection with these preliminary 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 this
notice in the Federal Register, in accordance with 19 CFR 351.224(b).
Verification
On August 21, 2024, Insteel Wire Products Company, Sumiden Wire
[[Page 48039]]
Products Corporation, and Wire Mesh Corp. (collectively, the
petitioners), requested that Commerce conduct verification of the
questionnaire responses submitted in this administrative review for Wei
Dat.\12\ Pursuant to 19 CFR 351.307(b)(1)(v), Commerce intends to
verify the information submitted by Wei Dat prior to issuing the final
results of this review. Additionally, pursuant to 19 CFR
351.307(b)(1)(iv), Commerce intends to verify the questionnaire
responses submitted by Kiswire, because we find that good cause for
verification exists.
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\12\ See Petitioners' Letter, ``Petitioners' Request for
Verification of Wei Dat Sdn. Bhd.,'' dated August 21, 2024.
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Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance.\13\ Pursuant to 19
CFR 351.309(c)(1)(ii), interested parties may submit case briefs no
later than seven days after the date on which the last verification
report is issued in this administrative review. 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.\14\ 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.
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\13\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\14\ 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 Service Final Rule).
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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.\15\ 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 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).\16\
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\15\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\16\ See APO and Service Final 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, U.S. Department of Commerce,
within 30 days after 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 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 the respective case
briefs. Oral presentations at the hearing will be limited to issues
raised in the briefs. If a request for a hearing is made, parties will
be notified of the time and date for the hearing.\17\ Parties should
confirm by telephone the date, time, and location of the hearing two
days before the scheduled date. All submissions, including case and
rebuttal briefs, as well as hearing requests, should be filed via
ACCESS.\18\ An electronically filed document must be received
successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the
established deadline.
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\17\ See 19 CFR 351.310(d).
\18\ See 19 CFR 351.303.
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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. If a respondent'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). 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.\19\
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\19\ See section 751(a)(2)(C) of the Act.
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Kiswire
or Wei Dat for which these companies 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),\20\ if there
is no rate for the intermediate company(ies) involved in the
transaction.\21\ For the company that 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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\20\ See Order, 86 FR at 30000.
\21\ 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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For the company for which the review is rescinded, Southern Steel,
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.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the publication date 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
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
listed in the final results of this review 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 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-
[[Page 48040]]
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.\22\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\22\ See Order, 81 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 the
liquidation of the relevant entries during the 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)(1) of the Act, and 19 CFR 351.213(h)(2)
and 351.221(b)(4).
Dated: September 26, 2025.
Christopher Abbott,
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. Particular Market Situation
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2025-19421 Filed 10-2-25; 8:45 am]
BILLING CODE 3510-DS-P
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