[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Notices]
[Pages 328-330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28932]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-819]


Prestressed Concrete Steel Wire Strand From Malaysia: Final 
Results of Antidumping Duty Administrative Review; 2020-2022

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 
not sold in the United States at less than normal value during the 
period of review (POR), November 19, 2020, through May 31, 2022.

DATES: Applicable January 3, 2024.

FOR FURTHER INFORMATION CONTACT: Miranda Bourdeau or Samuel Frost, 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 or (202) 482-
8180.

SUPPLEMENTARY INFORMATION:

Background

    On July 7, 2023, Commerce published the preliminary results of this 
administrative review and invited parties to comment on the Preliminary 
Results.\1\ This administrative review covers four producers/exporters 
of PC strand from Malaysia.\2\ Commerce selected two respondents for 
individual examination, Kiswire Sdn. Bhd. (KSB) and Wei Dat Steel Wire 
Sdn. Bhd. (Wei Dat).\3\ Commerce extended the time period for issuing 
the final results until December 29, 2023.\4\ For a complete 
description of the events that occurred since the Preliminary Results, 
see the Issues and Decision Memorandum.\5\
---------------------------------------------------------------------------

    \1\ See Prestressed Concrete Steel Wire Strand from Malaysia: 
Preliminary Results of Antidumping Duty Administrative Review, 2020-
2022, 88 FR 43284 (July 7, 2023) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 48459 (August 9, 2022) (Initiation 
Notice). Although there are five entities listed in the Initiation 
Notice, one of these entities (i.e., Kiswire Sdn. Bhd. (Kota 
Kiswire)) is part of another exporter/producer under review. For 
further details, see the Preliminary Results PDM at footnote 4.
    \3\ See Memorandum, ``Respondent Selection,'' dated August 26, 
2022.
    \4\ See Memoranda, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review, 2020-2022,'' dated October 
20, 2023; and ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review, 2020-2022,'' dated December 
15, 2023.
    \5\ 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; 2020-
2022,'' 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 \6\
---------------------------------------------------------------------------

    \6\ 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.

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

[[Page 329]]

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 KSB 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{time} .''
    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, we calculated weighted-average dumping margins for 
KSB and Wei Dat that are zero. Therefore, consistent with section 
735(c)(5)(B) of the Act, we are applying to Southern Steel Sdn. Bhd. 
and Southern PC Steel Sdn. Bhd., the two companies not selected for 
individual examination in this review, a margin of zero percent.

Final Results of Review

    Commerce determines that the following estimated weighted-average 
dumping margins exist for the period November 19, 2020, through May 31, 
2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Kiswire Sdn. Bhd............................................        0.00
Wei Dat Steel Wire Sdn. Bhd.................................        0.00
------------------------------------------------------------------------
Review-Specific Rate Applicable to the Following Non-Examined Companies
------------------------------------------------------------------------
Southern Steel Sdn. Bhd.....................................        0.00
Southern PC Steel Sdn. Bhd..................................        0.00
------------------------------------------------------------------------

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.\7\
---------------------------------------------------------------------------

    \7\ 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 KSB's and 
Wei Dat's weighted-average dumping margins are zero percent, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties. For entries of subject merchandise during the POR 
produced by KSB 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) \8\ if there is no rate for the intermediate company(ies) 
involved in the transaction.\9\ For the companies which were not 
selected for individual review, Southern Steel Sdn. Bhd. and Southern 
PC Steel Sdn. Bhd., we will assign an assessment rate based on the 
methodology described in the ``Rates for Non-Examined Companies'' 
section, above.
---------------------------------------------------------------------------

    \8\ See Order, 86 FR at 30000.
    \9\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    We intend to instruct CBP to take into account the ``provisional 
measures deposit cap,'' in accordance with 19 CFR 351.212(d). 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; and (3) the cash deposit rate for all other manufacturers 
or exporters will continue to be 5.13 percent, the all-others rate 
established in the less-than-fair-value investigation.\10\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \10\ 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

    This notice also serves as a final reminder to parties subject to 
an administrative protective order (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

[[Page 330]]

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: December 27, 2023.
Abdelali Elouaradia,
Deputy 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 Commerce Should Apply Total Adverse Facts 
Available (AFA) to KSB for Failing to Fully Disclose its 
Affiliations
    Comment 2: Whether Commerce Should Rely on Annual or Quarterly 
Weighted-Average Costs for KSB
    Comment 3: Whether Commerce Should Allow KSB's Reported Scrap 
Offset
    Comment 4: Whether Certain of KSB's Home Market Sales Are 
Fictitious
    Comment 5: Whether Commerce Should Compare KSB's Reported Home 
and U.S. Market Sales Using the Full 90/60 Day Window Period
    Comment 6: Whether Commerce Should Reject the Petitioners' Case 
Brief
VI. Recommendation

[FR Doc. 2023-28932 Filed 1-2-24; 8:45 am]
BILLING CODE 3510-DS-P