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

• Published date: 16 November 2023
• FR Document: 2023-25351
• Citation: 88 FR 78723
• Pages: 78723-78725
• Section: Notices
• Issuer: Commerce Department,International Trade Administration

Federal Register, Volume 88 Issue 220 (Thursday, November 16, 2023)

[Federal Register Volume 88, Number 220 (Thursday, November 16, 2023)]
                [Notices]
                [Pages 78723-78725]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2023-25351]
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                DEPARTMENT OF COMMERCE
                International Trade Administration
                [A-823-817]
                Prestressed Concrete Steel Wire Strand From Ukraine: 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
                PJSC Stalkanat (Stalkanat) did not make sales of prestressed concrete
                steel wire strand (PC strand) from Ukraine in the United States at less
                than normal value during the period of review, (POR) November 19, 2020,
                through May 31, 2022.
                DATES: Applicable November 16, 2023.
                FOR FURTHER INFORMATION CONTACT: Laura Griffith, 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) 482-6430.
                SUPPLEMENTARY INFORMATION:
                Background
                 On July 14, 2023, Commerce published the preliminary results of
                this administrative review covering one producer/exporter,
                Stalkanat.\1\ We invited interested parties to comment on the
                Preliminary Results. For a complete description of the events that
                occurred
                [[Page 78724]]
                since the Preliminary Results, see the Issues and Decision
                Memorandum.\2\
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                 \1\ See Prestressed Concrete Steel Wire Strand from Ukraine:
                Preliminary Results of Antidumping Duty Administrative Review and
                Preliminary Intent To Rescind, in Part; 2020-2022, 88 FR 45134 (July
                14, 2023) (Preliminary Results).
                 \2\ 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 Ukraine; 2020-
                2022,'' dated concurrently with and hereby adopted by this notice
                (Issues and Decision Memorandum).
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                 Commerce conducted this administrative review in accordance with
                section 751 of the Tariff Act of 1930, as amended (the Act).
                Scope of the Order 3
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                 \3\ 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).
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                 The product covered by this Order is PC strand from Ukraine. 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 and are listed in the 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.
                Final Results of Successor-in-Interest Analysis
                 Commerce initiated this administrative review with respect to
                Stalkanat and PJSC PA Stalkanat-Silur (Stalkanat-Silur), the entity
                that participated in the original investigation. We preliminarily
                determined that Stalkanat is the successor-in-interest to Stalkanat-
                Silur.\4\ No parties commented on this issue in their briefs;
                accordingly, Commerce has determined that Stalkanat is the successor-
                in-interest to Stalkanat-Silur.\5\
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                 \4\ See Preliminary Results.
                 \5\ While Commerce indicated its intent to rescind the review of
                Stalkanat-Silur in the Preliminary Results, rather than rescinding
                the review, Commerce determines that Stalkanat is the successor-in-
                interest to Stalkanat-Silur.
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                Changes Since the Preliminary Results
                 Based on a review of the record and comments received from
                interested parties, we have not made any changes to the weighted-
                average dumping margin for Stalkanat.
                Final Results of Review
                 Commerce determines that the following weighted-average dumping
                margin exists for the period November 19, 2020, through May 31, 2022:
                ------------------------------------------------------------------------
                 Weighted-
                 average
                 Producer and/or exporter dumping
                 margin
                 (percent)
                ------------------------------------------------------------------------
                PJSC Stalkanat............................................. 0.00
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                Disclosure
                 Commerce normally discloses to interested parties the calculations
                performed in connection with the final results 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 determination in
                the Federal Register, in accordance with 19 CFR 351.224(b). However,
                there are no new calculations to disclose in accordance with 19 CFR
                351.224(b) for these final results.
                Assessment Rate
                 Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR
                351.212(b)(1), Commerce shall determine, and U.S. Customs and Border
                Protection (CBP) shall assess, antidumping duties on all appropriate
                entries covered by this review. Because the rate assigned to Stalkanat
                (formerly Stalkanat-Silur) is zero, Commerce will instruct CBP to
                liquidate the appropriate entries without regard to antidumping
                duties.\6\
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                 \6\ As explained above, we determined that Stalkanat is the
                successor-in-interest to Stalkanat-Silur. Accordingly, we intend to
                issue assessment instructions covering entries produced and exported
                by either Stalkanat or Stalkanat-Silur during the POR at the rate
                established in these final results.
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                 Commerce's ``automatic assessment'' will apply to entries of
                subject merchandise during the POR produced by the mandatory respondent
                for which the company did not know that the merchandise it sold to an
                intermediary (e.g., a reseller, trading company, or exporter) was
                destined for the United States. In such instances, we will instruct CBP
                to liquidate unreviewed entries at the all-others rate if there is no
                rate for the intermediate company(ies) involved in the transaction.
                 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 Stalkanat will
                be zero; (2) for merchandise exported by a company not covered in this
                administrative review but covered in a completed 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 or
                completed prior segment of this proceeding but the producer is, the
                cash deposit rate will be the company-specific 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
                producers or exporters will continue to be 19.30 percent, the rate
                established in the investigation of this proceeding.\7\ These cash
                deposit requirements, when imposed, shall remain in effect until
                further notice.
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                 \7\ See Order.
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                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 POR. Failure to comply with this
                requirement could result in Commerce's presumption that reimbursement
                of antidumping duties has 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 of
                the proceeding. Timely written notification of the return or
                destruction of APO materials, or conversion to judicial protective
                order, is hereby
                [[Page 78725]]
                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 this notice 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)(1).
                 Dated: November 9, 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. Final Successor-In-Interest Determination
                VI. Discussion of the Issue
                 Comment: Whether Stalkanat's U.S. Sales Were Bona Fide
                VII. Recommendation
                [FR Doc. 2023-25351 Filed 11-15-23; 8:45 am]
                BILLING CODE 3510-DS-P