Frontseating Service Valves From the People's Republic of China: Final Results of the 2008-2010 Antidumping Duty Administrative Review of the Antidumping Duty Order, 70706-70709 [2011-29498]
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70706
Federal Register / Vol. 76, No. 220 / Tuesday, November 15, 2011 / Notices
Preliminary Rescission of the
Antidumping Duty New Shipper
Review of Heze Huayi
The NSR provisions of the
Department’s regulations require that
the entity making a request for a NSR
must document and certify, among other
things: (1) The date on which subject
merchandise of the exporter or producer
making the request was first entered, or
withdrawn from warehouse, for
consumption, or, if it cannot establish
the date of first entry, the date on which
the exporter or producer first shipped
the merchandise for export to the
United States; (2) the volume of that and
subsequent shipments; and (3) the date
of the first sale to an unaffiliated
customer in the United States. See 19
CFR 351.214(b)(2)(iv). If these
provisions are met, the Department will
conduct a NSR to establish an
individual weighted-average dumping
margin for the new shipper. See
generally 19 CFR 351.214(b)(2).
In its request for a NSR, Heze Huayi
provided certified statements that it had
only one U.S. sale, which it stated took
place on October 8, 2010, and that the
sale entered the United States on
December 1, 2010. See Letter from Heze
Huayi to the Secretary of Commerce,
‘‘Chlorinated Isocyanurates from the
People’s Republic of China: Request for
New-Shipper Review,’’ December 20,
2010. Based on this information, the
Department initiated the NSR for Heze
Huayi.
However, based on an analysis of the
CBP data, the Customs Entry
Documents, and Heze Huayi’s
supplemental questionnaire responses,
the Department has now determined
that Heze Huayi had additional sales
and entries that were not reported to the
Department in its request for a NSR
under 19 CFR 351.214(b)(2)(iv). As
noted, in order to qualify for a NSR
under 19 CFR 351.214, a company must
certify and document, among other
things, the dates of the first sale and all
subsequent sales to the United States.
Id. Because Heze Huayi had additional
unreported sales and entries to the
United States during the POR, the
Department has preliminarily found that
Heze Huayi’s request for a NSR did not
satisfy the regulatory requirements for
requesting a NSR, and the Department
thus preliminarily determines that it is
appropriate to rescind the NSR for Heze
Huayi. As much of the factual
information used in our analysis of Heze
Huayi’s additional sales and entries
involves business proprietary
information, a full discussion of the
basis for our preliminary determination
is set forth in the Memorandum to
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19:06 Nov 14, 2011
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Barbara E. Tillman, Director, AD/CVD
Operations, Office 6, ‘‘Analysis of Heze
Huayi Chemical Co., Ltd.’s Additional
Sales in the Antidumping Duty New
Shipper Review of Chlorinated
Isocyanurates from the People’s
Republic of China,’’ November 7, 2011.
Assessment Rates
If we proceed to a final rescission of
Heze Huayi’s NSR, Heze Huayi’s
shipments will be subject to the PRCwide rate. The Department is currently
conducting an administrative review for
the POR June 1, 2010, through May 31,
2011, in which the PRC-wide rate is
under review. If we proceed to a final
rescission, upon completion of the
2010–2011 administrative review, we
will instruct CBP to assess antidumping
duties on entries exported by Heze
Huayi at the appropriate PRC-wide rate
determined in the 2010–2011
administrative review and we will
instruct CBP to assess antidumping
duties on the entries covered by this
NSR at the rate established in the final
results of the administrative review.
Cash Deposit Requirements
Effective upon publication of the final
rescission of the NSR or the final results
of the NSR, we will instruct CBP to
discontinue the option of posting a bond
or security in lieu of a cash deposit for
entries of subject merchandise exported
by Heze Huayi. If we proceed to a final
rescission of the NSR, the cash deposit
rate will continue to be the per-unit
PRC-wide rate for entries exported by
Heze Huayi. If we issue final results for
the NSR, we will instruct CBP to collect
cash deposits, effective upon the
publication of the final results, at the
rates established therein.
Disclosure
We will disclose our analysis to
parties to this proceeding not later than
five days after the date of public
announcement, or, if there is no public
announcement, within five days of the
date of publication of this notice. See 19
CFR 351.224(b).
Comments
Interested parties are invited to
comment on these preliminary results
and may submit case briefs within 30
days of the date of publication of this
notice, unless otherwise notified by the
Department. See 19 CFR 351.309(c)(ii).
Rebuttal briefs, limited to issues raised
in the case briefs, will be due five days
later, pursuant to 19 CFR 351.309(d).
Parties are requested to provide a
summary of their arguments not to
exceed five pages, and a table of
statutes, regulations, and cases cited.
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Interested parties who wish to request
a hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Import Administration within 30 days
of the date of publication of this notice.
Requests should contain: (1) The party’s
name, address, and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. See 19
CFR 351.310(c). Issues raised in the
hearing will be limited to those raised
in case and rebuttal briefs. The
Department will issue the final
rescission or final results of this NSR,
including the results of our analysis of
issues raised in any briefs, not later than
90 days after this preliminary rescission
is issued, unless the deadline for the
final rescission or final results is
extended. See 19 CFR 351.214(i).
Notification to Importers
This notice serves as a preliminary
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 the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
The NSR and notice are in accordance
with sections 751(a)(2)(B) and 777(i) of
the Act and 19 CFR 351.214(f).
Dated: November 7, 2011.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2011–29496 Filed 11–14–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–933]
Frontseating Service Valves From the
People’s Republic of China: Final
Results of the 2008–2010 Antidumping
Duty Administrative Review of the
Antidumping Duty Order
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 9, 2011, the
Department of Commerce
(‘‘Department’’) published the
preliminary results in the 2008–2010
antidumping duty administrative review
of frontseating service valves (‘‘FSVs’’)
from the People’s Republic of China
AGENCY:
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Federal Register / Vol. 76, No. 220 / Tuesday, November 15, 2011 / Notices
(‘‘PRC’’).1 The period of review (‘‘POR’’)
is October 22, 2008, through March 31,
2010. We have rescinded the review
with respect to Tycon Alloy Industries
(Shenzhen) Co., Ltd. (‘‘Tycon Alloy’’).
We have determined that Zhejiang
DunAn Hetian Metal Co., Ltd.
(‘‘DunAn’’) and Zhejiang Sanhua Co.,
Ltd. (‘‘Sanhua’’), the only respondents
in this review, made sales in the United
States at prices below normal value
(‘‘NV’’). There are no other respondents
covered by this review. We invited
interested parties to comment on our
Preliminary Results. Based on our
analysis of the comments received, we
made changes to our margin
calculations for DunAn and Sanhua.
The final dumping margins for this
review are listed in the ‘‘Final Results
Margins’’ section below.
DATES: Effective Date: November 15,
2011.
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita, Paul Stolz, or Eugene
Degnan, AD/CVD Operations, Office 8,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–4243,
(202) 482–4474, and (202) 482–0414,
respectively.
Background
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On May 9, 2011, the Department
published its Preliminary Results in the
antidumping duty administrative review
of frontseating service valves from the
People’s Republic of China.2 On June 7
and June 8, 2011, Sanhua and DunAn,
respectively, requested a hearing for
issues raised in the case and rebuttal
briefs.
On June 21, 2011, all parties (ParkerHannifin Corporation (‘‘Petitioner’’),
DunAn and Sanhua) submitted publicly
available surrogate value (‘‘SV’’) data to
value TMI’s factors of production. On
July 11, 2011, DunAn and Sanhua
submitted rebuttal SV comments on the
June 21, 2011, submissions. On July 19,
2011, in conformity with the
Department’s revised wage rate
methodology,3 we placed on the record
additional wage rate information for
consideration in the final results, and
requested parties to comment on that
1 See Frontseating Service Valves from the
People’s Republic of China: Preliminary Results of
the 2008–2010 Antidumping Duty Administrative
Review and Partial Rescission of Review, 76 FR
26686 (May 9, 2011) (‘‘Preliminary Results’’).
2 See Preliminary Results.
3 See Antidumping Methodologies in Proceedings
Involving Non-Market Economies: Valuing the
Factor of Production: Labor, 76 FR 36092 (June 21,
2011).
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19:06 Nov 14, 2011
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data.4 None of the parties to this
proceeding provided comments on the
Department’s wage rate data. We
received the case briefs from all parties
on August 16, 2011, and rebuttal briefs
on August 22, 2011.
On August 24, 2011, the Department
extended the deadline for the final
results of review until November 5,
2011.5 On September 8, 2011, DunAn
and Sanhua each withdrew their request
for a hearing.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in this
review are addressed in the
Memorandum from Christian Marsh,
Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration, ‘‘Frontseating Service
Valves From the People’s Republic of
China: Issues and Decision
Memorandum for the Final Results of
the 2008–2010 Administrative Review,
dated November 7, 2011 (‘‘Issues and
Decision Memorandum’’),’’ which is
hereby adopted by this notice. A list of
the issues that parties raised and to
which we responded in the Issues and
Decision Memorandum follows as an
appendix to this notice. The Issues and
Decision Memorandum is a public
document and is on file in the Central
Records Unit (‘‘CRU’’), Main Commerce
Building, Room 7046, and is also
accessible on the Web at https://
ia.ita.doc.gov/frn. The paper copy and
electronic version of the Issues and
Decision Memorandum are identical in
content.
Period of Review
The POR is October 22, 2008, through
March 31, 2010.
Scope of the Order
The merchandise covered by this
order is frontseating service valves,
assembled or unassembled, complete or
incomplete, and certain parts thereof.
Frontseating service valves contain a
sealing surface on the front side of the
valve stem that allows the indoor unit
or outdoor unit to be isolated from the
refrigerant stream when the air
conditioning or refrigeration unit is
being serviced. Frontseating service
valves rely on an elastomer seal when
4 See
Memorandum to the File, ‘‘Frontseating
Service Valves from the People’s Republic of China:
Industry-Specific Surrogate Wage Rate and
Surrogate Financial Ratios,’’ dated July 19, 2011.
5 See Frontseating Service Valves from the
People’s Republic of China: Extension of Time for
the Final Results of the Antidumping Duty
Administrative Review, 76 FR 52935 (August 24,
2011).
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the stem cap is removed for servicing
and the stem cap metal to metal seat to
create this seal to the atmosphere during
normal operation.6
For purposes of the scope, the term
‘‘unassembled’’ frontseating service
valve means a brazed subassembly
requiring any one or more of the
following processes: The insertion of a
valve core pin, the insertion of a valve
stem and/or O ring, the application or
installation of a stem cap, charge port
cap or tube dust cap. The term
‘‘complete’’ frontseating service valve
means a product sold ready for
installation into an air conditioning or
refrigeration unit. The term
‘‘incomplete’’ frontseating service valve
means a product that when sold is in
multiple pieces, sections, subassemblies
or components and is incapable of being
installed into an air conditioning or
refrigeration unit as a single, unified
valve without further assembly.
The major parts or components of
frontseating service valves intended to
be covered by the scope under the term
‘‘certain parts thereof’’ are any brazed
subassembly consisting of any two or
more of the following components: A
valve body, field connection tube,
factory connection tube or valve charge
port. The valve body is a rectangular
block, or brass forging, machined to be
hollow in the interior, with a generally
square shaped seat (bottom of body).
The field connection tube and factory
connection tube consist of copper or
other metallic tubing, cut to length,
shaped and brazed to the valve body in
order to create two ports, the factory
connection tube and the field
connection tube, each on opposite sides
of the valve assembly body. The valve
charge port is a service port via which
a hose connection can be used to charge
or evacuate the refrigerant medium or to
monitor the system pressure for
diagnostic purposes.
The scope includes frontseating
service valves of any size, configuration,
material composition or connection
type. Frontseating service valves are
classified under subheading
8481.80.1095, and also have been
classified under subheading
8415.90.80.85, of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’). It is possible for
frontseating service valves to be
6 The frontseating service valve differs from a
backseating service valve in that a backseating
service valve has two sealing surfaces on the valve
stem. This difference typically incorporates a valve
stem on a backseating service valve to be machined
of steel, where a frontseating service valve has a
brass stem. The backseating service valve dual stem
seal (on the back side of the stem), creates a metal
to metal seal when the valve is in the open position,
thus, sealing the stem from the atmosphere.
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Federal Register / Vol. 76, No. 220 / Tuesday, November 15, 2011 / Notices
manufactured out of primary materials
other than copper and brass, in which
case they would be classified under
HTSUS subheadings 8481.80.3040,
8481.80.3090, or 8481.80.5090. In
addition, if unassembled or incomplete
frontseating service valves are imported,
the various parts or components would
be classified under HTSUS subheadings
8481.90.1000, 8481.90.3000, or
8481.90.5000. The HTSUS subheadings
are provided for convenience and
customs purposes, but the written
description of the scope of this
proceeding is dispositive.
Rescission of Administrative Review in
Part
In the Preliminary Results, the
Department partially rescinded the
review with respect to Tycon Alloy
because it submitted a ‘‘no shipment’’
letter and our review of CBP import data
did not contradict that information.
Because Tycon Alloy is part of the PRCwide entity, the Department stated that
it would issue liquidation instructions
for the PRC-wide entity, which includes
Tycon Alloy, 15 days after the
publication of these Final Results.7
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Changes Since the Preliminary Results
Based on an analysis of the comments
received, the Department has made
certain changes in the margin
calculation. For the final results, the
Department has made the following
changes:
• We revised the surrogate financial
ratios for overhead, selling, general and
administrative expenses and profit to
account for our determination that the
financial statements of Pyrocast India
Private Limited (‘‘Pyrocast’’) alone
represented the best information
available on the record to value these
ratios. See Comment 1 of the
accompanying Issues and Decision
Memorandum.
• We revised the valuation of brazing
rings for Sanhua to account for the
proportion of copper, silver and
phosphorus recorded on a quality
certificate that Sanhua provided with
respect to brazing rings in its
supplemental questionnaire response.
7 Tycon Alloy was not previously assigned a
separate rate from a prior segment of the
proceeding. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 75 FR
29976 (May 28, 2010); and Preliminary Results, 76
FR at 26693. The Department could not order
liquidation for a company which, although no
longer under review as an independent entity,
might still be under review as part of the PRC-wide
entity. See Preliminary Results, 76 FR at 26693;
and, Certain Steel Nails From the People’s Republic
of China: Notice of Extension of Time Limits and
Partial Rescission of the Second Antidumping Duty
Administrative Review, 76 FR 23788 (April 28,
2011).
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19:55 Nov 14, 2011
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See Comment 6 of the accompanying
Issues and Decision Memorandum.
• We valued DunAn’s brass bar
processed by tollers using scrap
provided by DunAn using publicly
available data from an economically
comparable country. See Comment 12 of
the accompanying Issues and Decision
Memorandum.
• Consistent with Antidumping
Methodologies in Proceedings Involving
Non-Market Economies: Valuing the
Factor of Production: Labor, 76 FR
36092 (June 21, 2011), we have made
revisions to the surrogate labor rate for
the final results of this administrative
review. For these final results, the
surrogate labor rate has changed from
US$1.04/hour to 80.14 Indian Rupees
per hour. See Memorandum to the File,
‘‘Frontseating Service Valves from the
People’s Republic of China: IndustrySpecific Surrogate Wage Rate and
Surrogate Financial Ratios,’’ dated July
19, 2011; see also Memorandum to the
File, ‘‘Antidumping Duty
Administrative Review of Frontseating
Service Valves from the People’s
Republic of China: Factor Valuation for
the Final Results of Review,’’ dated
November 7, 2011.
basis, we will direct CBP to assess the
resulting ad valorem rate against the
entered customs values for the subject
merchandise. Where appropriate, we
calculated a per-unit rate for each
importer (or customer) by dividing the
total dumping margins for reviewed
sales to that party by the total sales
quantity associated with those
transactions. For duty-assessment rates
calculated on this basis, we will direct
CBP to assess the resulting per-unit rate
against the entered quantity of the
subject merchandise. Where an importer
(or customer)-specific assessment rate is
de minimis (i.e., less than 0.50 percent),
the Department will instruct CBP to
assess that importer (or customer’s)
entries of subject merchandise without
regard to antidumping duties, in
accordance with 19 CFR 351.106(c)(2).
The Department intends to issue
assessment instructions to CBP 15 days
after the date of publication of these
final results of review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
Final Results Margin
withdrawn from warehouse, for
consumption on or after the publication
We determine the weighted-average
dumping margins for the period October date, as provided for by section
22, 2008, through March 31, 2010, to be: 751(a)(2)(C) of the Act: (1) For DunAn
and Sanhua, the cash deposit rate will
FRONTSEATING SERVICE VALVES FROM be the rate identified in the Final
Results Margin section, as listed above;
THE PRC
(2) for previously investigated or
reviewed PRC and non-PRC exporters
Weightednot listed above that have separate rates,
average
Exporter
margin
the cash deposit rate will continue to be
(percentage)
the exporter-specific rate published for
the most recent period; (3) for all PRC
Zhejiang DunAn Hetian
Metal Co. Ltd ....................
9.42 exporters of subject merchandise which
Zhejiang Sanhua Co., Ltd ....
5.22 have not been found to be entitled to a
separate rate (including Tycon Alloy),
the cash deposit rate will continue to be
Assessment Rates
the PRC-wide rate of 55.62 percent; 8
Pursuant to section 751(a)(2)(A) of the and (4) for all non-PRC exporters of
Act and 19 CFR 351.212(b), the
subject merchandise which have not
Department will determine, and U.S.
received their own rate, the cash deposit
Customs and Border Protection (‘‘CBP’’) rate will be the rate applicable to the
shall assess, antidumping duties on all
PRC exporter that supplied that nonappropriate entries of subject
PRC exporter. The deposit requirements
merchandise in accordance with the
shall remain in effect until further
final results of this review. For
notice.
assessment purposes, we calculated
Notification to Importers
importer (or customer)-specific
assessment rates for merchandise
This notice also serves as a final
subject to this review. Where
reminder to importers of their
appropriate, we calculated an ad
responsibility under 19 CFR
valorem rate for each importer (or
8 This rate was established in the final results of
customer) by dividing the total dumping
the original investigation. See Frontseating Service
margins for reviewed sales to that party
Valves from the People’s Republic of China: Final
by the total entered values associated
Determination of Sales at Less Than Fair Value and
with those transactions. For dutyFinal Negative Determination of Critical
assessment rates calculated on this
Circumstances, 74 FR 10886 (March 13, 2009).
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Federal Register / Vol. 76, No. 220 / Tuesday, November 15, 2011 / Notices
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 the
Secretary’s presumption that
reimbursement of the antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
Notification to Interested Parties
This notice also serves as a reminder
to parties subject to administrative
protective orders (‘‘APOs’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under the 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 terms of an APO is a violation
which is subject to sanction.
Disclosure
We will disclose the calculations
performed within five days of the date
of publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
We are issuing and publishing the
final results and notice in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: November 7, 2011.
Paul Piquado,
Assistant Secretary for Import
Administration.
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Issues for the Final Results
Surrogate Values
Comment 1: Selection of Surrogate Financial
Statements
Comment 2: Surrogate Value Data Source for
Brass Bar
Comment 3: Whether to Include French
Import Data to Value Brass Bar
Comment 4: Whether To Use the Average of
HTS 7407.21.10 and HTS 7407.21.20
Import Values to Value Brass Bar
Comment 5: The Valuation of Valve Bodies
Comment 6: The Valuation of Brazing Rings
Comment 7: The Classification of Ammonia
Gas
Comment 8: The Valuation of Labor
Comment 9: The Use of October 2008 GTA
Data in the Calculation of Surrogate
Values
Issues With Respect to DunAn
Comment 10: Rebates Paid on Sales to the
United States
Comment 11: Freight Charges on U.S. Sales
19:06 Nov 14, 2011
[FR Doc. 2011–29498 Filed 11–14–11; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–832]
Pure Magnesium From the People’s
Republic of China: Second Extension
of Time for the Final Results of the
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce
DATES: Effective Date: November 15,
2011.
AGENCY:
Eve
Wang, AD/CVD Operations, Office 8,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–6231.
FOR FURTHER INFORMATION CONTACT:
Background
Appendix I
VerDate Mar<15>2010
Comment 12: The Use of Tollers’ FOPs in the
Calculation of NV
Issues With Respect to Sanhua
Comment 13: Upward Billing Adjustments
Comment 14: Brokerage and Handling
Expense in the United States
Comment 15: Indirect Selling Expenses in the
United States
General Issues
Comment 16: Zeroing
Comment 17: Procedures for Issuing
Liquidation Instructions
Comment 18: By-Product Offset for Brass
Scrap
Jkt 226001
On June 8, 2011, the Department of
Commerce (‘‘the Department’’)
published the preliminary results of this
administrative review for the period
May 1, 2009, to April 30, 2010. See Pure
Magnesium From the People’s Republic
of China: Preliminary Results of the
2009–2010 Antidumping Duty
Administrative Review, 76 FR 33194
(June 8, 2011). On September 16, 2011,
the Department extended the deadline
to issue the final results.1 The final
results of review are currently due on
November 21, 2011.
Extension of Time Limits for the Final
Results of Review
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (‘‘the Act’’),
requires the Department to issue final
results within 120 days after the date on
1 See Pure Magnesium From the People’s
Republic of China: Extension of Time for the Final
Results of the Antidumping Duty Administrative
Review, 76 FR 59111 (September 23, 2011).
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70709
which the preliminary results are
published. However, if it is not
practicable to complete the review
within this time period, section
751(a)(3)(A) of the Act allows the
Department to extend the time period to
a maximum of 180 days. The
Department determines that completion
of the final results of the administrative
review by the current deadline is not
practicable. After interested parties
submitted case and rebuttal briefs, the
Department placed new information on
the record 2 and allowed parties to
submit comments thereon,3 and
received additional comments and
information. The Department requires
additional time to consider this
information and argument.
Because it is not practicable to
complete this review within the time
specified under the Act, we are again
extending the time period for issuing
the final results of the administrative
review by additional 15 days, or until
December 5, 2011, in accordance with
section 751(a)(3)(A) of the Act.
We are publishing this notice
pursuant to sections 751(a) and 777(i) of
the Act.
Dated: November 7, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2011–29499 Filed 11–14–11; 8:45 am]
BILLING CODE 3510–DS–P
COMMODITY FUTURES TRADING
COMMISSION
Sunshine Act Meeting; Emergency
Meeting Notice
This notice that an emergency
meeting was held is published pursuant
to the provisions of the Government in
the Sunshine Act, Public Law 94–409, 5
U.S.C. 552b.
AGENCY HOLDING THE MEETING:
Commodity Futures Trading
Commission.
TIME AND DATE: The Commission held an
emergency closed meeting on November
9, 2011 at approximately 11:10 a.m. The
Commission, by a recorded vote of 4–0,
determined that the business of the
agency required that the meeting be
held at that time. The Chairman of the
2 See the Department’s Memorandum to the File,
‘‘The 2006–2007 Financial Statements for Madras
Aluminum Company (‘‘MALCO’’) and Infobanc
Truck Freight Rate Data,’’ dated October 4, 2011.
3 See the Department’s Memorandum to the File,
‘‘Soliciting Comments on the 2006–2007 Financial
Statements for Madras Aluminum Company
(‘‘MALCO’’) and Infobanc Truck Freight Rate Data’’
dated November 1, 2011.
E:\FR\FM\15NON1.SGM
15NON1
]]>Agencies
[Federal Register Volume 76, Number 220 (Tuesday, November 15, 2011)]
[Notices]
[Pages 70706-70709]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29498]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-933]
Frontseating Service Valves From the People's Republic of China:
Final Results of the 2008-2010 Antidumping Duty Administrative Review
of the Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On May 9, 2011, the Department of Commerce (``Department'')
published the preliminary results in the 2008-2010 antidumping duty
administrative review of frontseating service valves (``FSVs'') from
the People's Republic of China
[[Page 70707]]
(``PRC'').\1\ The period of review (``POR'') is October 22, 2008,
through March 31, 2010. We have rescinded the review with respect to
Tycon Alloy Industries (Shenzhen) Co., Ltd. (``Tycon Alloy''). We have
determined that Zhejiang DunAn Hetian Metal Co., Ltd. (``DunAn'') and
Zhejiang Sanhua Co., Ltd. (``Sanhua''), the only respondents in this
review, made sales in the United States at prices below normal value
(``NV''). There are no other respondents covered by this review. We
invited interested parties to comment on our Preliminary Results. Based
on our analysis of the comments received, we made changes to our margin
calculations for DunAn and Sanhua. The final dumping margins for this
review are listed in the ``Final Results Margins'' section below.
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\1\ See Frontseating Service Valves from the People's Republic
of China: Preliminary Results of the 2008-2010 Antidumping Duty
Administrative Review and Partial Rescission of Review, 76 FR 26686
(May 9, 2011) (``Preliminary Results'').
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DATES: Effective Date: November 15, 2011.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, Paul Stolz, or Eugene
Degnan, AD/CVD Operations, Office 8, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone:
(202) 482-4243, (202) 482-4474, and (202) 482-0414, respectively.
Background
On May 9, 2011, the Department published its Preliminary Results in
the antidumping duty administrative review of frontseating service
valves from the People's Republic of China.\2\ On June 7 and June 8,
2011, Sanhua and DunAn, respectively, requested a hearing for issues
raised in the case and rebuttal briefs.
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\2\ See Preliminary Results.
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On June 21, 2011, all parties (Parker-Hannifin Corporation
(``Petitioner''), DunAn and Sanhua) submitted publicly available
surrogate value (``SV'') data to value TMI's factors of production. On
July 11, 2011, DunAn and Sanhua submitted rebuttal SV comments on the
June 21, 2011, submissions. On July 19, 2011, in conformity with the
Department's revised wage rate methodology,\3\ we placed on the record
additional wage rate information for consideration in the final
results, and requested parties to comment on that data.\4\ None of the
parties to this proceeding provided comments on the Department's wage
rate data. We received the case briefs from all parties on August 16,
2011, and rebuttal briefs on August 22, 2011.
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\3\ See Antidumping Methodologies in Proceedings Involving Non-
Market Economies: Valuing the Factor of Production: Labor, 76 FR
36092 (June 21, 2011).
\4\ See Memorandum to the File, ``Frontseating Service Valves
from the People's Republic of China: Industry-Specific Surrogate
Wage Rate and Surrogate Financial Ratios,'' dated July 19, 2011.
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On August 24, 2011, the Department extended the deadline for the
final results of review until November 5, 2011.\5\ On September 8,
2011, DunAn and Sanhua each withdrew their request for a hearing.
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\5\ See Frontseating Service Valves from the People's Republic
of China: Extension of Time for the Final Results of the Antidumping
Duty Administrative Review, 76 FR 52935 (August 24, 2011).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Memorandum from Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for
Import Administration, ``Frontseating Service Valves From the People's
Republic of China: Issues and Decision Memorandum for the Final Results
of the 2008-2010 Administrative Review, dated November 7, 2011
(``Issues and Decision Memorandum''),'' which is hereby adopted by this
notice. A list of the issues that parties raised and to which we
responded in the Issues and Decision Memorandum follows as an appendix
to this notice. The Issues and Decision Memorandum is a public document
and is on file in the Central Records Unit (``CRU''), Main Commerce
Building, Room 7046, and is also accessible on the Web at https://ia.ita.doc.gov/frn. The paper copy and electronic version of the Issues
and Decision Memorandum are identical in content.
Period of Review
The POR is October 22, 2008, through March 31, 2010.
Scope of the Order
The merchandise covered by this order is frontseating service
valves, assembled or unassembled, complete or incomplete, and certain
parts thereof. Frontseating service valves contain a sealing surface on
the front side of the valve stem that allows the indoor unit or outdoor
unit to be isolated from the refrigerant stream when the air
conditioning or refrigeration unit is being serviced. Frontseating
service valves rely on an elastomer seal when the stem cap is removed
for servicing and the stem cap metal to metal seat to create this seal
to the atmosphere during normal operation.\6\
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\6\ The frontseating service valve differs from a backseating
service valve in that a backseating service valve has two sealing
surfaces on the valve stem. This difference typically incorporates a
valve stem on a backseating service valve to be machined of steel,
where a frontseating service valve has a brass stem. The backseating
service valve dual stem seal (on the back side of the stem), creates
a metal to metal seal when the valve is in the open position, thus,
sealing the stem from the atmosphere.
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For purposes of the scope, the term ``unassembled'' frontseating
service valve means a brazed subassembly requiring any one or more of
the following processes: The insertion of a valve core pin, the
insertion of a valve stem and/or O ring, the application or
installation of a stem cap, charge port cap or tube dust cap. The term
``complete'' frontseating service valve means a product sold ready for
installation into an air conditioning or refrigeration unit. The term
``incomplete'' frontseating service valve means a product that when
sold is in multiple pieces, sections, subassemblies or components and
is incapable of being installed into an air conditioning or
refrigeration unit as a single, unified valve without further assembly.
The major parts or components of frontseating service valves
intended to be covered by the scope under the term ``certain parts
thereof'' are any brazed subassembly consisting of any two or more of
the following components: A valve body, field connection tube, factory
connection tube or valve charge port. The valve body is a rectangular
block, or brass forging, machined to be hollow in the interior, with a
generally square shaped seat (bottom of body). The field connection
tube and factory connection tube consist of copper or other metallic
tubing, cut to length, shaped and brazed to the valve body in order to
create two ports, the factory connection tube and the field connection
tube, each on opposite sides of the valve assembly body. The valve
charge port is a service port via which a hose connection can be used
to charge or evacuate the refrigerant medium or to monitor the system
pressure for diagnostic purposes.
The scope includes frontseating service valves of any size,
configuration, material composition or connection type. Frontseating
service valves are classified under subheading 8481.80.1095, and also
have been classified under subheading 8415.90.80.85, of the Harmonized
Tariff Schedule of the United States (``HTSUS''). It is possible for
frontseating service valves to be
[[Page 70708]]
manufactured out of primary materials other than copper and brass, in
which case they would be classified under HTSUS subheadings
8481.80.3040, 8481.80.3090, or 8481.80.5090. In addition, if
unassembled or incomplete frontseating service valves are imported, the
various parts or components would be classified under HTSUS subheadings
8481.90.1000, 8481.90.3000, or 8481.90.5000. The HTSUS subheadings are
provided for convenience and customs purposes, but the written
description of the scope of this proceeding is dispositive.
Rescission of Administrative Review in Part
In the Preliminary Results, the Department partially rescinded the
review with respect to Tycon Alloy because it submitted a ``no
shipment'' letter and our review of CBP import data did not contradict
that information. Because Tycon Alloy is part of the PRC-wide entity,
the Department stated that it would issue liquidation instructions for
the PRC-wide entity, which includes Tycon Alloy, 15 days after the
publication of these Final Results.\7\
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\7\ Tycon Alloy was not previously assigned a separate rate from
a prior segment of the proceeding. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 75 FR 29976 (May 28,
2010); and Preliminary Results, 76 FR at 26693. The Department could
not order liquidation for a company which, although no longer under
review as an independent entity, might still be under review as part
of the PRC-wide entity. See Preliminary Results, 76 FR at 26693;
and, Certain Steel Nails From the People's Republic of China: Notice
of Extension of Time Limits and Partial Rescission of the Second
Antidumping Duty Administrative Review, 76 FR 23788 (April 28,
2011).
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Changes Since the Preliminary Results
Based on an analysis of the comments received, the Department has
made certain changes in the margin calculation. For the final results,
the Department has made the following changes:
We revised the surrogate financial ratios for overhead,
selling, general and administrative expenses and profit to account for
our determination that the financial statements of Pyrocast India
Private Limited (``Pyrocast'') alone represented the best information
available on the record to value these ratios. See Comment 1 of the
accompanying Issues and Decision Memorandum.
We revised the valuation of brazing rings for Sanhua to
account for the proportion of copper, silver and phosphorus recorded on
a quality certificate that Sanhua provided with respect to brazing
rings in its supplemental questionnaire response. See Comment 6 of the
accompanying Issues and Decision Memorandum.
We valued DunAn's brass bar processed by tollers using
scrap provided by DunAn using publicly available data from an
economically comparable country. See Comment 12 of the accompanying
Issues and Decision Memorandum.
Consistent with Antidumping Methodologies in Proceedings
Involving Non-Market Economies: Valuing the Factor of Production:
Labor, 76 FR 36092 (June 21, 2011), we have made revisions to the
surrogate labor rate for the final results of this administrative
review. For these final results, the surrogate labor rate has changed
from US$1.04/hour to 80.14 Indian Rupees per hour. See Memorandum to
the File, ``Frontseating Service Valves from the People's Republic of
China: Industry-Specific Surrogate Wage Rate and Surrogate Financial
Ratios,'' dated July 19, 2011; see also Memorandum to the File,
``Antidumping Duty Administrative Review of Frontseating Service Valves
from the People's Republic of China: Factor Valuation for the Final
Results of Review,'' dated November 7, 2011.
Final Results Margin
We determine the weighted-average dumping margins for the period
October 22, 2008, through March 31, 2010, to be:
Frontseating Service Valves From the PRC
------------------------------------------------------------------------
Weighted-
average
Exporter margin
(percentage)
------------------------------------------------------------------------
Zhejiang DunAn Hetian Metal Co. Ltd..................... 9.42
Zhejiang Sanhua Co., Ltd................................ 5.22
------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
the Department will determine, and U.S. Customs and Border Protection
(``CBP'') shall assess, antidumping duties on all appropriate entries
of subject merchandise in accordance with the final results of this
review. For assessment purposes, we calculated importer (or customer)-
specific assessment rates for merchandise subject to this review. Where
appropriate, we calculated an ad valorem rate for each importer (or
customer) by dividing the total dumping margins for reviewed sales to
that party by the total entered values associated with those
transactions. For duty-assessment rates calculated on this basis, we
will direct CBP to assess the resulting ad valorem rate against the
entered customs values for the subject merchandise. Where appropriate,
we calculated a per-unit rate for each importer (or customer) by
dividing the total dumping margins for reviewed sales to that party by
the total sales quantity associated with those transactions. For duty-
assessment rates calculated on this basis, we will direct CBP to assess
the resulting per-unit rate against the entered quantity of the subject
merchandise. Where an importer (or customer)-specific assessment rate
is de minimis (i.e., less than 0.50 percent), the Department will
instruct CBP to assess that importer (or customer's) entries of subject
merchandise without regard to antidumping duties, in accordance with 19
CFR 351.106(c)(2). The Department intends to issue assessment
instructions to CBP 15 days after the date of publication of these
final results of review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For DunAn and
Sanhua, the cash deposit rate will be the rate identified in the Final
Results Margin section, as listed above; (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 which have not been found to
be entitled to a separate rate (including Tycon Alloy), the cash
deposit rate will continue to be the PRC-wide rate of 55.62 percent;
\8\ 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 exporter that supplied that non-PRC exporter. The
deposit requirements shall remain in effect until further notice.
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\8\ This rate was established in the final results of the
original investigation. See Frontseating Service Valves from the
People's Republic of China: Final Determination of Sales at Less
Than Fair Value and Final Negative Determination of Critical
Circumstances, 74 FR 10886 (March 13, 2009).
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Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR
[[Page 70709]]
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 the Secretary's presumption that reimbursement of the
antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
This notice also serves as a reminder to parties subject to
administrative protective orders (``APOs'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under the 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 terms of an APO
is a violation which is subject to sanction.
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
We are issuing and publishing the final results and notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: November 7, 2011.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
Issues for the Final Results
Surrogate Values
Comment 1: Selection of Surrogate Financial Statements
Comment 2: Surrogate Value Data Source for Brass Bar
Comment 3: Whether to Include French Import Data to Value Brass Bar
Comment 4: Whether To Use the Average of HTS 7407.21.10 and HTS
7407.21.20 Import Values to Value Brass Bar
Comment 5: The Valuation of Valve Bodies
Comment 6: The Valuation of Brazing Rings
Comment 7: The Classification of Ammonia Gas
Comment 8: The Valuation of Labor
Comment 9: The Use of October 2008 GTA Data in the Calculation of
Surrogate Values
Issues With Respect to DunAn
Comment 10: Rebates Paid on Sales to the United States
Comment 11: Freight Charges on U.S. Sales
Comment 12: The Use of Tollers' FOPs in the Calculation of NV
Issues With Respect to Sanhua
Comment 13: Upward Billing Adjustments
Comment 14: Brokerage and Handling Expense in the United States
Comment 15: Indirect Selling Expenses in the United States
General Issues
Comment 16: Zeroing
Comment 17: Procedures for Issuing Liquidation Instructions
Comment 18: By-Product Offset for Brass Scrap
[FR Doc. 2011-29498 Filed 11-14-11; 8:45 am]
BILLING CODE P
