90 FR 34 pgs. 10063-10066 - Prestressed Concrete Steel Wire Strand From Malaysia: Final Results of Antidumping Duty Administrative Review, and Partial Rescission; 2022-2023
Type: NOTICEVolume: 90Number: 34Pages: 10063 - 10066
Pages: 10063, 10064, 10065, 10066Docket number: [A-557-819]
FR document: [FR Doc. 2025-02925 Filed 2-20-25; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
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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, and Partial Rescission; 2022-2023
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 sold in the United States at less than normal value during the period of review (POR), June 1, 2022, through May 31, 2023.
DATES:
Applicable February 21, 2025.
FOR FURTHER INFORMATION CONTACT:
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) 482-2021.
SUPPLEMENTARY INFORMATION:
Background
[top] On July 10, 2024, Commerce published the preliminary results of this administrative review and invited parties to comment on the Preliminary
Footnotes:
1 ? See Prestressed Concrete Steel Wire Strand from Malaysia: Preliminary Results and Preliminary Partial Rescission of Administrative Review, 2022-2023, 89 FR 56728 (July 10, 2024) ( Preliminary Results ), and accompanying Preliminary Decision Memorandum.
2 ? See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 51271 (August 3, 2023).
3 ? See Memorandum, "Respondent Selection," dated August 31, 2023.
4 ? See Memorandum, "Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings," dated July 22, 2024.
5 ? See Memorandum, "Extension of Deadline for Final Results of Antidumping Duty Administrative Review," dated November 13, 2024.
6 ? See Memorandum, "Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings," dated December 9, 2024.
7 ? 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; 2022-2023," dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).
Commerce conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order? 8
Footnotes:
8 ? 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 ).
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.
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 (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. 9 At the end of the administrative review, any suspended entries are liquidated at the assessment rate computed for the review period. 10 Therefore, for an administrative review to be conducted, there must be a reviewable, suspended entry to be liquidated at the newly calculated assessment rate. In the Preliminary Results, Commerce preliminarily rescinded this review with respect to Southern Steel Sdn. Bhd. (Southern Steel) because it had no reviewable, suspended entries of subject merchandise and invited parties to comment. 11 We received no comments on our preliminary rescission of the review with respect to this company. Accordingly, in the absence of suspended entries of subject merchandise during the POR, we are hereby rescinding this administrative review, in part, with respect to Southern Steel, in accordance with 19 CFR 351.213(d)(3).
Footnotes:
9 ? 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).
10 ? See 19 CFR 351.212(b)(1).
11 ? See Preliminary Results, 89 FR at 56729.
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 https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on a review of the record and comments received from interested 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 Kiswire 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}."
In this review, we 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 remaining 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.
Final Results of Review
Commerce determines that the following weighted-average dumping margins exist for the period June 1, 2022, through May 31, 2023:
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| Exporter/producer | Weighted-average dumping margin (percent) |
|---|---|
| Kiswire Sdn. Bhd | 0.00 |
| Wei Dat Steel Wire Sdn. Bhd | 0.73 |
| Review-Specific Rate Applicable to the Following Non-Examined Companies | |
| Southern PC Steel Sdn. Bhd | 0.73 |
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 . 12
Footnotes:
12 ? See 19 CFR 351.224(b).
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 Kiswire's weighted-average dumping margins is zero percent, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. Further, because Wei Dat's weighted-average dumping margin is not zero or de minimis, Commerce has calculated importer-specific AD assessment rates based on the ratio of the total amount of dumping calculated for the examined sales to the total entered value of the sales.
Consistent with Commerce's assessment practice, for entries of subject merchandise during the POR produced by Kiswire 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)? 13 if there is no rate for the intermediate company(ies) involved in the transaction. 14
Footnotes:
13 ? See Order, 86 FR at 30000.
14 ?For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
For Southern Steel Sdn. Bhd., we will instruct CBP to liquidate any suspended entries of subject merchandise 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.
For the company which was not selected for individual review, Southern PC Steel Sdn. Bhd., we will assign an assessment rate based on the review-specific average rate, calculated as noted in the "Rates for Non-Examined Companies" section above.
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; (3) if the exporter is not a firm covered in this review, a prior review, or the original less-than-fair-value (LTFV) investigation, but the producer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the subject merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 5.13 percent, the all-others rate established in the LTFV investigation. 15 These cash deposit requirements, when imposed, shall remain in effect until further notice.
Footnotes:
15 ? See Order, 86 FR at 30000.
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 (APO)
This notice also serves as a final reminder to parties subject to 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 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: February 13, 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 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 KSB's Home Market is Viable
[top] Comment 2: Whether KSB's Home Market is Distorted by a Price-Based Particular Market Situation (PMS)
Comment 3: Whether Commerce Should Base KSB's Normal Value (NV) on Constructed Value (CV)
Comment 4: Whether Commerce Should Revise KSB's Reported General and Administrative (G&A) Expense Calculation to Account for Certain Periodic Costs
Comment 5: Whether Commerce Should Revise KSB's Reported G&A Expense Calculation to Include the Auditor's Adjustment
Comment 6: Revising Wei Dat's Margin Program
VI. Recommendation
[FR Doc. 2025-02925 Filed 2-20-25; 8:45 am]
BILLING CODE 3510-DS-P