Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 65694-65695 [2011-27459]
Download as PDF
<![CDATA[
65694
Federal Register / Vol. 76, No. 205 / Monday, October 24, 2011 / Notices
• Wan Bao Chen Group Hong Kong
Co., Ltd.80
• World Design International Co., Ltd.
• Xilinmen Furniture Co., Ltd.
• Xingli Arts & Crafts Factory of
Yangchun 81
• Yuexing Group Co., Ltd.
• Zhejiang Shaoxing Huaweimei
Furniture Co., Ltd.
• Zhong Shan Heng Fu Furniture Co.
• Zhongshan Fengheng Furniture Co.,
Ltd.
• Zhongshan Yiming Furniture Co.,
Ltd.
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
The Department is issuing and
publishing these preliminary results of
administrative review in accordance
with section 777(i)(1) of the Act, and
19 CFR 351.221(b)(4).
Cash Deposit Requirements
Dated: October 3, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
The following cash deposit
requirements will be effective upon
publication of the final results of this
review for shipments of subject
merchandise from the PRC entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by sections 751(a)(1)
and (a)(2)(C) of the Act: (1) For all
respondents receiving a separate rate,
the cash deposit rate will be that rate
established in the final results of this
review; (2) for previously investigated or
reviewed PRC and non-PRC exporters
not listed above that have separate rates,
the cash deposit rate will continue to be
the exporter-specific rate published for
the most recent period; (3) for all PRC
exporters of subject merchandise that
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the PRC-wide rate established in the
final results of this review; and (4) for
all non-PRC exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the PRC
exporters that supplied the non-PRC
exporter. These deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers
tkelley on DSK3SPTVN1PROD with NOTICES
This notice also serves as a reminder
to importers of their responsibility
under 19 CFR 351.402(f) to file a
certificate regarding the reimbursement
80 Wan Bao Chen Group Hong Kong Co., Ltd. lost
its separate rate on August 18, 2010 (see 4th Review
Final Results). The separate rate applies only to
entries from January 1, 2010 through August 17,
2010. All other entries of subject merchandise from
Wan Bao Chen Group Hong Kong Co., Ltd. during
2010 are subject to the PRC-wide rate. Assessment
instructions for 2010 entries will not be issued until
completion of the instant review.
81 Xingli Arts & Crafts Factory of Yangchun lost
its separate rate on August 18, 2010 (see 4th Review
Final Results). The separate rate applies only to
entries from January 1, 2010 through August 17,
2010. All other entries of subject merchandise from
Xingli Arts & Crafts Factory of Yangchun during
2010 are subject to the PRC-wide rate. Assessment
instructions for 2010 entries will not be issued until
completion of the instant review.
VerDate Mar<15>2010
15:34 Oct 21, 2011
Jkt 226001
[FR Doc. 2011–27280 Filed 10–21–11; 8:45 am]
BILLING CODE 3510–DS–M
DEPARTMENT OF COMMERCE
International Trade Administration
Non-Market Economy Antidumping
Proceedings: Assessment of
Antidumping Duties
Import Administration,
International Trade Administration,
Department of Commerce.
ACTION: Notice of Policy Concerning
Assessment of Antidumping Duties.
AGENCY:
After consideration of public
comments, the Department of
Commerce (‘‘the Department’’) is hereby
adopting a refinement in its practice
with respect to the rate at which it
instructs U.S. Customs and Border
Protection (‘‘CBP’’) to liquidate certain
non-reviewed entries. Specifically, the
Department is refining its practice to
instruct CBP to liquidate such entries at
the non-market economy (‘‘NME’’)-wide
rate.
FOR FURTHER INFORMATION CONTACT: Julia
Hancock, Special Assistant, China/NME
Unit, Office of Antidumping and
Countervailing Operations, Import
Administration, U.S. Department of
Commerce, at 202–482–1394.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On June 10, 2011, the Department
proposed a refinement to its practice
regarding the rate at which it instructs
CBP to liquidate certain entries from
non-reviewed exporters. See NonMarket Economy Antidumping
Proceedings: Assessment of
Antidumping Duties, 76 FR 34046 (June
10, 2011) (‘‘Proposed Policy’’). As
explained in the Proposed Policy, in
administrative reviews of antidumping
duty (‘‘AD’’) orders covering
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
merchandise produced in NME
countries, importers will sometimes
declare in their entry documentation a
cash deposit rate that is associated with
a company which has a companyspecific rate, as opposed to the NMEwide rate, but the sales underlying the
particular entry are not reported to or
reviewed by the Department in the
course of the administrative review
covering that company. As a result,
there may be suspended entries to
which the Department’s final review
results do not apply. Previously, in such
situations, it was the Department’s
practice to instruct CBP to assess AD
duties at the cash deposit rate in effect
at the time of entry for such entries of
merchandise.
In response to the Proposed Policy,
the Department received comments
from thirteen parties. After careful
consideration of these comments, the
Department has determined to
implement the proposed refinement in
practice. The Department will instruct
CBP to apply the NME-wide rate to
entries suspended at a reviewed
exporter’s rate, but which are not
reported to or reviewed by the
Department during the administrative
review process. For further detail on
what entries this policy affects, see the
‘‘Applicability’’ section below.
Final Refinement in Practice
In AD proceedings, the Department
establishes a cash deposit rate for each
company subject to the investigation or
review. In NME cases, if an exporter
does not receive a separate rate, the
NME-wide rate applies as the cash
deposit rate at the time of entry to
entries of merchandise it exports.
Previously, for merchandise entered at
the separate rate applicable to a
reviewed exporter, but which were not
reported to the Department in the
review and thus not covered by the final
results of the review, the Department
instructed CBP to liquidate such entries
at the cash deposit rate in effect at the
time of entry.
With the publication of this notice,
the Department implements a policy
refinement regarding the rate at which
it will instruct CBP to liquidate such
non-reviewed entries. For entries that
are not reported in the reviewed
company’s U.S. sales databases
submitted to the Department during an
administrative review, or otherwise
determined not covered by the review
(i.e., the reviewed exporter claims no
shipments), the Department will
instruct CBP to liquidate such entries at
the NME-wide rate as opposed to the
company-specific rate declared by the
importer at the time of entry.
E:\FR\FM\24OCN1.SGM
24OCN1
Federal Register / Vol. 76, No. 205 / Monday, October 24, 2011 / Notices
This practice in NME proceedings
will be consistent with the application
of the same liquidation practice in
market economy (‘‘ME’’) proceedings.
The goal of this practice in ME
proceedings, the accurate assignment of
duties based on information obtained in
a review, is not unique to ME
proceedings but is necessary in all
antidumping proceedings. See
Antidumping and Countervailing Duty
Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May
6, 2003). Interested parties have the
right to request an administrative review
of their entries, or to participate in an
administrative review, to ensure that the
entries are liquidated at the rate the
interested party believes is proper. See
19 CFR 351.103, et seq.
tkelley on DSK3SPTVN1PROD with NOTICES
Applicability
The Department intends to apply the
policy to all non-reviewed entries from
exporters which are selected for
individual examination, whether or not
the Department is aware of the
involvement of a third party.
Additionally, if the Department
determines that an exporter under
review had no shipments of the subject
merchandise, any suspended entries
that entered under that exporter’s case
number (i.e., at that exporter’s rate) will
be liquidated at the NME-wide rate. See
Magnesium Metal from the Russian
Federation: Final Results of
Antidumping Duty Administrative
review, 75 FR 56989 (September 17,
2010). This refinement will not apply to
entries suspended at the cash deposit
rate for exporters for which a review is
not initiated. Nor does this refinement
apply to entries suspended at the rate of
exporters under review but which are
not selected for individual examination
(i.e., the separate rate companies),
except where the Department has
determined that the exporter had no
shipments covered by the review.
Definition of Exporter
In response to the Proposed Policy,
certain parties argued that the
Department should clarify the term
‘‘exporter’’ for this refinement in
practice to provide notice to the
importers regarding which entity the
importer should consider to be the
exporter in a multi-leg transaction for
the purpose of claiming the correct cash
deposit rate and having the entry
liquidated in accordance with that
expectation. Because of the variances in
commercial practice, it is the
Department’s established practice to
evaluate an export transaction on a caseby-case basis within the context of an
administrative review or investigation.
VerDate Mar<15>2010
15:34 Oct 21, 2011
Jkt 226001
Within the framework of an
administrative review, the Department
is able to examine additional
documentation to decide which entity
was the exporter for purposes of making
NME AD determinations.
Because the importer is the party most
likely to have the best information and
appropriate documentation regarding
the transactions relevant to the entries,
the Department considers it to be the
importer’s responsibility to ensure that
the documentation of the sales
transaction supports the cash deposit
rate the importer claims for its entries.
In order to facilitate the proper
identification of the exporter, the
Department will coordinate with CBP to
provide guidance to importers.
Likewise, as explained above, any
interested party can file a notice of
appearance with the Department to
ensure that its entries are liquidated in
accordance with its expectations.
Implementation
As stated in the Proposed Policy, the
Department intends to apply this policy
to all entries for which the anniversary
month for requesting an administrative
review is the month after the date of
publication of this final notice. See
Proposed Policy. This implementation is
consistent with our ME Reseller Practice
and with the Federal Circuit’s opinion
in Parkdale Int’l v. United States, 475
F.3d 1375, 1378–79 (CAFC 2007) (‘‘the
primary effect of the policy is
prospective, i.e., it applies to
liquidations post-dating its adoption,
[accordingly] we conclude that its effect
cannot properly be considered
impermissibly retroactive’’). Therefore,
this policy refinement will apply to all
relevant entries, regardless of when
entered, for which the anniversary
month for requesting a review of the
order is November, 2011 or later.
Dated: October 17, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2011–27459 Filed 10–21–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–928]
Uncovered Innerspring Units From the
People’s Republic of China: Extension
of Final Results of Antidumping Duty
New Shipper Review
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
65695
The Department of Commerce
(‘‘Department’’) is extending the time
limit for the final results of the first new
shipper review of uncovered
innerspring units (‘‘innersprings’’) from
the People’s Republic of China (‘‘PRC’’).
The review covers the period of review
(‘‘POR’’) of February 1, 2010, through
July 31, 2010.
SUMMARY:
Effective Date: October 24, 2011.
Paul
Walker, AD/CVD Operations, Office 9,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW., Washington,
DC 20230; telephone: (202) 482–0413.
DATES:
FOR FURTHER INFORMATION CONTACT:
Background
On August 4, 2011, the Department
published in the Federal Register the
Preliminary Results of the new shipper
review of innersprings from the PRC.1
The respondent in this new shipper
review is Foshan Nanhai Jiujiang Quan
Li Spring Hardware Factory (‘‘Quan
Li’’). The final results are currently due
no later than October 24, 2011.
Statutory Time Limits
Section 751(a)(2)(B)(iv) of the Tariff
Act of 1930, as amended (the ‘‘Act’’),
and section 351.214(i)(1) of the
Department’s regulations, require the
Department to issue the final results in
a new shipper review 90 days after the
date on which the preliminary results
are issued. The Department may,
however, extend the deadline for
completion of the final results of a new
shipper review to 150 days if it
determines that the case is
extraordinarily complicated.2
Extension of Time Limit for Final
Results of Review
We determine that this case is
extraordinarily complicated because the
Department requires additional time to
analyze interested parties’ case and
rebuttal briefs concerning the bona fide
nature of the sale under review.
Therefore, in accordance with section
751(a)(2)(B)(iv) of the Act, and section
351.214(i)(2) of the Department’s
regulations, we are extending the time
for the completion of the final results of
this review until November 22, 2011.
We are issuing and publishing this
notice in accordance with sections
751(a)(2)(B) and 777(i)(1) of the Act.
1 See Uncovered Innerspring Units From the
People’s Republic of China: Preliminary Intent To
Rescind New Shipper Review, 76 FR 47151 (August
4, 2011) (‘‘Preliminary Results’’).
2 See section 751(a)(2)(B)(iv) of the Act and 19
CFR 351.214(i)(2).
E:\FR\FM\24OCN1.SGM
24OCN1
]]>Agencies
[Federal Register Volume 76, Number 205 (Monday, October 24, 2011)]
[Notices]
[Pages 65694-65695]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27459]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
Non-Market Economy Antidumping Proceedings: Assessment of
Antidumping Duties
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Policy Concerning Assessment of Antidumping Duties.
-----------------------------------------------------------------------
SUMMARY: After consideration of public comments, the Department of
Commerce (``the Department'') is hereby adopting a refinement in its
practice with respect to the rate at which it instructs U.S. Customs
and Border Protection (``CBP'') to liquidate certain non-reviewed
entries. Specifically, the Department is refining its practice to
instruct CBP to liquidate such entries at the non-market economy
(``NME'')-wide rate.
FOR FURTHER INFORMATION CONTACT: Julia Hancock, Special Assistant,
China/NME Unit, Office of Antidumping and Countervailing Operations,
Import Administration, U.S. Department of Commerce, at 202-482-1394.
SUPPLEMENTARY INFORMATION:
Background
On June 10, 2011, the Department proposed a refinement to its
practice regarding the rate at which it instructs CBP to liquidate
certain entries from non-reviewed exporters. See Non-Market Economy
Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 34046
(June 10, 2011) (``Proposed Policy''). As explained in the Proposed
Policy, in administrative reviews of antidumping duty (``AD'') orders
covering merchandise produced in NME countries, importers will
sometimes declare in their entry documentation a cash deposit rate that
is associated with a company which has a company-specific rate, as
opposed to the NME-wide rate, but the sales underlying the particular
entry are not reported to or reviewed by the Department in the course
of the administrative review covering that company. As a result, there
may be suspended entries to which the Department's final review results
do not apply. Previously, in such situations, it was the Department's
practice to instruct CBP to assess AD duties at the cash deposit rate
in effect at the time of entry for such entries of merchandise.
In response to the Proposed Policy, the Department received
comments from thirteen parties. After careful consideration of these
comments, the Department has determined to implement the proposed
refinement in practice. The Department will instruct CBP to apply the
NME-wide rate to entries suspended at a reviewed exporter's rate, but
which are not reported to or reviewed by the Department during the
administrative review process. For further detail on what entries this
policy affects, see the ``Applicability'' section below.
Final Refinement in Practice
In AD proceedings, the Department establishes a cash deposit rate
for each company subject to the investigation or review. In NME cases,
if an exporter does not receive a separate rate, the NME-wide rate
applies as the cash deposit rate at the time of entry to entries of
merchandise it exports. Previously, for merchandise entered at the
separate rate applicable to a reviewed exporter, but which were not
reported to the Department in the review and thus not covered by the
final results of the review, the Department instructed CBP to liquidate
such entries at the cash deposit rate in effect at the time of entry.
With the publication of this notice, the Department implements a
policy refinement regarding the rate at which it will instruct CBP to
liquidate such non-reviewed entries. For entries that are not reported
in the reviewed company's U.S. sales databases submitted to the
Department during an administrative review, or otherwise determined not
covered by the review (i.e., the reviewed exporter claims no
shipments), the Department will instruct CBP to liquidate such entries
at the NME-wide rate as opposed to the company-specific rate declared
by the importer at the time of entry.
[[Page 65695]]
This practice in NME proceedings will be consistent with the
application of the same liquidation practice in market economy (``ME'')
proceedings. The goal of this practice in ME proceedings, the accurate
assignment of duties based on information obtained in a review, is not
unique to ME proceedings but is necessary in all antidumping
proceedings. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). Interested
parties have the right to request an administrative review of their
entries, or to participate in an administrative review, to ensure that
the entries are liquidated at the rate the interested party believes is
proper. See 19 CFR 351.103, et seq.
Applicability
The Department intends to apply the policy to all non-reviewed
entries from exporters which are selected for individual examination,
whether or not the Department is aware of the involvement of a third
party. Additionally, if the Department determines that an exporter
under review had no shipments of the subject merchandise, any suspended
entries that entered under that exporter's case number (i.e., at that
exporter's rate) will be liquidated at the NME-wide rate. See Magnesium
Metal from the Russian Federation: Final Results of Antidumping Duty
Administrative review, 75 FR 56989 (September 17, 2010). This
refinement will not apply to entries suspended at the cash deposit rate
for exporters for which a review is not initiated. Nor does this
refinement apply to entries suspended at the rate of exporters under
review but which are not selected for individual examination (i.e., the
separate rate companies), except where the Department has determined
that the exporter had no shipments covered by the review.
Definition of Exporter
In response to the Proposed Policy, certain parties argued that the
Department should clarify the term ``exporter'' for this refinement in
practice to provide notice to the importers regarding which entity the
importer should consider to be the exporter in a multi-leg transaction
for the purpose of claiming the correct cash deposit rate and having
the entry liquidated in accordance with that expectation. Because of
the variances in commercial practice, it is the Department's
established practice to evaluate an export transaction on a case-by-
case basis within the context of an administrative review or
investigation. Within the framework of an administrative review, the
Department is able to examine additional documentation to decide which
entity was the exporter for purposes of making NME AD determinations.
Because the importer is the party most likely to have the best
information and appropriate documentation regarding the transactions
relevant to the entries, the Department considers it to be the
importer's responsibility to ensure that the documentation of the sales
transaction supports the cash deposit rate the importer claims for its
entries. In order to facilitate the proper identification of the
exporter, the Department will coordinate with CBP to provide guidance
to importers. Likewise, as explained above, any interested party can
file a notice of appearance with the Department to ensure that its
entries are liquidated in accordance with its expectations.
Implementation
As stated in the Proposed Policy, the Department intends to apply
this policy to all entries for which the anniversary month for
requesting an administrative review is the month after the date of
publication of this final notice. See Proposed Policy. This
implementation is consistent with our ME Reseller Practice and with the
Federal Circuit's opinion in Parkdale Int'l v. United States, 475 F.3d
1375, 1378-79 (CAFC 2007) (``the primary effect of the policy is
prospective, i.e., it applies to liquidations post-dating its adoption,
[accordingly] we conclude that its effect cannot properly be considered
impermissibly retroactive''). Therefore, this policy refinement will
apply to all relevant entries, regardless of when entered, for which
the anniversary month for requesting a review of the order is November,
2011 or later.
Dated: October 17, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-27459 Filed 10-21-11; 8:45 am]
BILLING CODE 3510-DS-P
