[Federal Register Volume 89, Number 194 (Monday, October 7, 2024)]
[Notices]
[Pages 81043-81044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23149]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-520-809]


Prestressed Concrete Wire Strand From the United Arab Emirates: 
Rescission of Antidumping Administrative Review; 2023-2024

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) is rescinding the 
administrative review of the antidumping duty (AD) order on prestressed 
concrete wire strand (PC wire strand) from the United Arab Emirates 
(UAE), covering the period of review (POR) February 1, 2023, through 
January 31, 2024.

DATES: Applicable October 7, 2024.

FOR FURTHER INFORMATION CONTACT: Alex Cipolla, 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.

SUPPLEMENTARY INFORMATION:

Background

    On February 2, 2024, Commerce published in the Federal Register a 
notice of opportunity to request an administrative review of the AD 
order \1\ on PC wire strand from the UAE, covering the POR.\2\ On 
February 27, 2024, Essen Steel Industry L.L.C. (Essen) timely requested 
that Commerce conduct an administrative review.\3\ On April 9, 2024, 
Commerce initiated an administrative review of the Order covering the 
POR.\4\ In a letter filed to the record at the outset of this 
proceeding, Essen acknowledged that it had no entries during the POR, 
but requested that Commerce exercise its discretion to modify the POR 
to capture a single sale intended for entry during the POR, but which 
entered the United States on February 8, 2024.\5\
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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 Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review and Join Annual Inquiry Service List, 89 FR 7366 (February 2, 
2024).
    \3\ See Essen's Letter, ``Request for administrative review of 
antidumping order,'' dated February 27, 2024.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 89 FR 24780 (April 9, 2024).
    \5\ See Essen's Letter, ``Notification and request for extension 
of POR by eight days,'' dated March 25, 2024.
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    On April 18, 2024, Commerce released to the record confirmation 
from U.S. Customs and Border Protection (CBP) that there were no 
entries of subject merchandise during the POR in a memorandum which 
notified parties of its intent to rescind this review in the absence of 
any suspended entries during the POR from Essen.\6\ In the Intent to 
Rescind Memorandum, Commerce provided all interested parties an 
opportunity to comment on the intent to rescind the review. No party to 
the proceeding provided comments on Commerce's intent to rescind the 
review. Subsequent to issuance of the Intent to Rescind Memorandum, 
pursuant to Essen's request for review of the same entry identified on 
the record of this proceeding, Commerce initiated a separate new 
shipper review covering the above-referenced sale.\7\
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    \6\ See Memorandum, ``Notice of Intent to Rescind Review,'' 
dated May 30, 2024 (Intent to Rescind Memorandum).
    \7\ See Prestressed Concrete Steel Wire Strand from the United 
Arab Emirates: Initiation of Antidumping Duty New Shipper Review, 89 
FR 74887 (September 13, 2024).
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Rescission of Review

    Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to 
rescind an administrative review of an AD order where it concludes that 
there were no suspended entries of subject merchandise during the 
POR.\8\ Normally, upon completion of an administrative review, the 
suspended entries are liquidated at the AD assessment rate for the 
review period.\9\ Therefore, for an administrative review to be 
conducted, there must be a reviewable, suspended entry that Commerce 
can instruct CBP to liquidate at the calculated AD assessment rate for 
the review period.\10\ As noted above,

[[Page 81044]]

there were no suspended entries of subject merchandise from Essen 
during the POR. Accordingly, in the absence of suspended entries of 
subject merchandise during the POR, we are rescinding this 
administrative review for Essen in accordance with 19 CFR 
351.213(d)(3).
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    \8\ See, e.g., Certain Carbon and Alloy Steel Cut-to Length 
Plate from the Federal Republic of Germany: Recission of Antidumping 
Administrative Review; 2020-2021, 88 FR 4157 (January 24, 2023).
    \9\ See 19 CFR 351.212(b)(1).
    \10\ See, e.g., Shanghai Sunbeauty Trading Co. v. United States, 
380 F. Supp. 3d 1328, 1335-36 (CIT 2019), at 12 (referring to 
section 751(a) of the Tariff Act of 1930, as amended (the Act), the 
CIT held: ``While the statute does not explicitly require that an 
entry be suspended as a prerequisite for establishing entitlement to 
a review, it does explicitly state the determined rate will be used 
as the liquidation rate for the reviewed entries. This result can 
only obtain if the liquidation of entries has been suspended. . . . 
''; see also Certain Frozen Fish Fillets from the Socialist Republic 
of Vietnam: Final Results of Antidumping Duty Administrative Review 
and Final Determination of No Shipments; 2018-2019, 86 FR 36102, and 
accompanying Issues and Decision Memorandum at Comment 4; and Solid 
Fertilizer Grade Ammonium Nitrate From the Russian Federation: 
Notice of Rescission of Antidumping Duty Administrative Review, 77 
FR 65532 (October 29, 2012) (noting that ``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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Assessment

    Commerce will instruct CBP to assess antidumping duties on all 
appropriate entries. Because Commerce is rescinding this review in its 
entirety, the entries to which this administrative review pertained 
shall be assessed at rates equal to the cash deposit of estimated 
antidumping duties required at the time of entry, or withdrawal from 
warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). 
Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of this rescission notice in 
the Federal Register.

Administrative Protective Order (APO)

    This notice serves as a final reminder to parties subject to an APO 
of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305, which continues to govern business proprietary information in 
this segment of the proceeding. Timely written notification of the 
return or destruction of the APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with 
regulations and terms of an APO is a violation, which is subject to 
sanction.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(l) of the Act, and 19 CFR 351.213(d)(4).

    Dated: October 2, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2024-23149 Filed 10-4-24; 8:45 am]
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