Certain Magnesia Carbon Bricks From the People's Republic of China: Antidumping Duty Administrative Review; 2010-2011, 61394-61396 [2012-24811]
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61394
Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Notices
rate was calculated based on
information contained in the petition,
which was corroborated for the final
determination.20 This rate was also
applied in the 2007–2008 period of
review of lined paper products from the
PRC and the CIT found this PRC-wide
rate to be corroborated.21 No additional
information has been presented in the
current review which calls into question
the reliability of the information.22
Therefore, the Department finds that the
information continues to be reliable and
has probative value. In addition, the
AFA rate we are applying is the rate
currently in effect for the PRC-wide
entity.23
Final Results of Review
We determine that the following
margin exists for the period September
1, 2010, through August 31, 2011:
wreier-aviles on DSK5TPTVN1PROD with NOTICES
Exporter
Weightedaverage
margin
(percent)
withdrawn from warehouse, for
consumption on or after the date of
publication, as provided by section
751(a)(2)(C) of the Act: (1) For
previously reviewed or investigated
companies not listed above that have
separate rates, the cash-deposit rate will
continue to be the company-specific rate
published for the most recent period; (2)
for all other PRC exporters of subject
merchandise, which have not been
found to be entitled to a separate rate,
the cash-deposit rate will be PRC-wide
rate of 258.21 percent; and (3) for all
non-PRC exporters of subject
merchandise, the cash-deposit rate will
be the rate applicable to the PRC
exporter that supplied that non-PRC
exporter. These deposit requirements,
when imposed, shall remain in effect
until further notice.
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
PRC-wide Entity (including
certificate regarding the reimbursement
Leo/Denmax) .....................
258.21
of antidumping duties prior to
liquidation of the relevant entries
Assessment Rates
during this review period. Failure to
Pursuant to section 751(a)(2)(A) of the comply with this requirement could
Act and 19 CFR 351.212(b)(1), the
result in the Secretary’s presumption
Department will determine, and CBP
that reimbursement of antidumping
shall assess, antidumping duties on all
duties occurred and the subsequent
appropriate entries covered by this
assessment of double antidumping
review. The Department intends to issue
duties.
assessment instructions to CBP 15 days
after the publication date of the final
Notification Regarding APOs
results of this review. We will instruct
This notice also serves as a reminder
CBP to liquidate all appropriate entries
to parties subject to administrative
at the PRC-wide rate of 258.21 percent.
protective orders (‘‘APO’’) of their
Cash Deposit Requirements
responsibility concerning the return or
The following cash deposit
destruction of proprietary information
requirements will be effective upon
disclosed under APO in accordance
publication of the notice of final results
with 19 CFR 351.305, which continues
of the administrative review for all
to govern business proprietary
shipments of certain lined paper
information in this segment of the
products from the PRC entered, or
proceeding. Timely written notification
of the return/destruction of APO
20 See Notice of Amended Final Determination of
materials or conversion to judicial
Sales at Less Than Fair Value: Certain Lined Paper
protective order is hereby requested.
Products from the People’s Republic of China;
Notice of Antidumping Duty Orders: Certain Lined
Failure to comply with the regulations
Paper Products from India, Indonesia and the
and terms of an APO is a violation
People’s Republic of China; and Notice of
which is subject to sanction.
Countervailing Duty Orders: Certain Lined Paper
Products from India and Indonesia, 71 FR 56949
This notice is issued and published in
(September 28, 2006).
accordance with sections 751(a)(1) and
21 See Watanabe Group v. United States, Court
777(i)(1) of the Act, as amended, and 19
No. 09–520, Slip Op. 2010–139 (CIT Dec. 22, 2010),
affirming Final Results in Certain Lined Paper
CFR 351.213(d)(4).
Products from the People’s Republic of China:
Notice of Final Results of the Antidumping Duty
Administrative Review, 74 FR 63387 (December 3,
2009).
22 See Certain Lined Paper Products from the
People’s Republic of China: Notice of Final Results
of the Antidumping Duty Administrative Review, 76
FR 23288 (April 26, 2011).
23 Id.
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15:28 Oct 05, 2012
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Dated: October 1, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2012–24813 Filed 10–5–12; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–954]
Certain Magnesia Carbon Bricks From
the People’s Republic of China:
Antidumping Duty Administrative
Review; 2010–2011
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from
interested parties, the Department of
Commerce (‘‘Department’’) is
conducting the administrative review of
the antidumping duty order on certain
magnesia carbon bricks from the
People’s Republic of China (‘‘PRC’’),
covering the period of review (‘‘POR’’)
of March 12, 2010, through August 31,
2011. The Department has preliminarily
applied adverse facts available (AFA) to
the two mandatory respondents who
both failed to cooperate to the best of
their ability in this proceeding. The
Department also intends to rescind the
review of seven companies that certified
that they had no shipments of subject
merchandise to the United States during
the POR.
DATES: Effective Date: October 9, 2012.
FOR FURTHER INFORMATION CONTACT: Jerry
Huang, 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) 482–4047.
AGENCY:
Scope of the Order
The merchandise subject to the order
includes certain magnesia carbon bricks.
Certain magnesia carbon bricks that are
the subject of this order are currently
classifiable under subheadings
6902.10.1000, 6902.10.5000,
6815.91.0000, 6815.99.2000 and
6815.99.4000 of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’). Although the HTSUS
numbers are provided for convenience
and customs purposes, the written
product description, available in Certain
Magnesia Carbon Bricks From Mexico
and the People’s Republic of China:
Antidumping Duty Orders, 75 FR 57257
(September 20, 2010), remains
dispositive.
Preliminary Partial Rescission of
Administrative Review
Pursuant to 19 CFR 351.213(d)(3), we
have preliminarily determined that
ANH (Xinyi) Refractories (‘‘ANH’’),
Yingkou New Century Refractories Ltd.
(‘‘Yingkou New Century’’), and RHI-
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Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Notices
wreier-aviles on DSK5TPTVN1PROD with NOTICES
Refractories Asia Pacific Pte. Ltd., RHI
Refractories (Dalian) Co., Ltd., RHI
Refractories Liaoning Co., Ltd., RHI
Trading Shanghai Branch, and RHI
Trading (Dalian) Co., Ltd. (collectively,
‘‘RHI’’) made no shipments of subject
merchandise during the POR of this
administrative review. The Department
received no-shipment certifications
from ANH, Yingkou New Century, and
RHI between November and December,
2011. The Department also issued noshipment inquiries to U.S. Customs and
Border Protection (‘‘CBP’’) in January
2012, asking CBP to provide any
information contrary to our findings of
no entries of subject merchandise for
merchandise manufactured and shipped
by ANH, Yingkou New Century, and
RHI during the POR. We did not receive
any response from CBP, thus indicating
that there were no entries of subject
merchandise into the United States
exported by these companies.
Consequently, as none of the companies
made exports of subject merchandise
during the POR, we are preliminarily
rescinding the review, in part, with
respect to ANH, Yingkou New Century
and RHI.
Methodology
The Department has conducted this
review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as
amended (‘‘the Act’’). We have relied on
facts available and because respondents
did not act to the best of their ability to
respond to the Department’s requests for
information, we have drawn an adverse
inference in selecting from among the
facts otherwise available.1
For a full description of the
methodology underlying our
conclusions, please see ‘‘Decision
Memorandum for Preliminary Results
for the Antidumping Duty
Administrative Review of Certain
Magnesia Carbon Bricks from the
People’s Republic of China,’’
(‘‘Preliminary Decision Memorandum’’)
from Christian Marsh, Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations to Paul
Piquado, Assistant Secretary for Import
Administration, dated concurrently
with these results and hereby adopted
by this notice. The Preliminary Decision
Memorandum is a public document and
is on file electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). Access to IA ACCESS is
available in the Central Records Unit
(‘‘CRU’’), room 7046 of the main
Department of Commerce building. In
1 See
sections 776(a) and (b) of the Act.
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15:28 Oct 05, 2012
Jkt 229001
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly on the Internet at
https://www.trade.gov/ia/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
The Department has determined that
the following preliminary dumping
margins exist for the period March 12,
2010, and August 31, 2011:
61395
a time and location to be determined.5
Parties should confirm by telephone the
date, time, and location of the hearing.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, the Department will issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by the parties in their
comments, within 120 days after
issuance of these preliminary results.
Deadline for Submission of Publicly
Available Surrogate Value Information
In accordance with 19 CFR
Margin
351.301(c)(3), the deadline for
Company
(percent)
submission of publicly available
information to value factors of
Fengchi Imp. and Exp. Co.,
production under 19 CFR 351.408(c) is
Ltd. of Haicheng City ........
236.00
20 days after the date of publication of
PRC-wide entity (including
these preliminary results. In accordance
Yingkou Byuquan Refractories Co., Ltd.) .................
236.00 with 19 CFR 351.301(c)(1), if an
interested party submits factual
information less than ten days before,
Disclosure and Public Comment
on, or after (if the Department has
The Department will disclose to
extended the deadline), the applicable
parties to this proceeding the
deadline for submission of such factual
calculations performed in reaching the
information, an interested party may
preliminary results within five days of
submit factual information to rebut,
the date of publication of these
clarify, or correct the factual
2 Interested parties
preliminary results.
information no later than ten days after
may submit written comments (case
such factual information is served on
briefs) within 30 days of publication of
the interested party. However, the
the preliminary results and rebuttal
Department notes that 19 CFR
comments (rebuttal briefs) within five
351.301(c)(1) permits new information
days after the time limit for filing case
only insofar as it rebuts, clarifies, or
3 Pursuant to 19 CFR
briefs.
corrects information recently placed on
351.309(d)(2), rebuttal briefs must be
the record.6 Furthermore, the
limited to issues raised in the case
briefs. Parties who submit arguments are Department generally will not accept
business proprietary information in
requested to submit with the argument:
either the surrogate value submissions
(1) A statement of the issue; (2) a brief
or the rebuttals thereto, as the regulation
summary of the argument; and (3) a
regarding the submission of surrogate
table of authorities.
Interested parties who wish to request values allows only for the submission of
publicly available information.
a hearing, or to participate if one is
requested, must submit a written
Assessment Rates
request to the Assistant Secretary for
Upon issuing the final results of the
Import Administration, U.S. Department
review, the Department shall determine,
of Commerce, filed electronically using
and CBP shall assess, antidumping
IA ACCESS. An electronically filed
document must be received successfully duties on all appropriate entries. The
Department intends to issue assessment
in its entirety by the Department’s
instructions to CBP 15 days after the
electronic records system, IA ACCESS,
by 5 p.m. Eastern Standard Time within date of publication of the final results of
review. For any individually examined
30 days after the date of publication of
respondents whose weighted-average
this notice.4 Requests should contain
dumping margin is above de minimis,
the party’s name, address, and
we will calculate importer-specific ad
telephone number, the number of
valorem duty assessment rates based on
participants, and a list of the issues to
the ratio of the total amount of dumping
be discussed. If a request for a hearing
calculated for the importer’s examined
is made, we will inform parties of the
sales to the total entered value of those
scheduled date for the hearing which
will be held at the U.S. Department of
5 See 19 CFR 351.310.
Commerce, 14th Street and Constitution
6 See, e.g.,
from the People’s Republic of
Avenue NW., Washington, DC 20230, at China: Final Glycine of Antidumping Duty
Results
2 See
19 CFR 351.224(b).
3 See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
4 See 19 CFR 351.310(c).
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Administrative Review and Final Rescission, in
Part, 72 FR 58809 (October 17, 2007), and
accompanying Issues and Decision Memorandum at
Comment 2.
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61396
Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Notices
same sales in accordance with 19 CFR
351.212(b)(1).7 We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific
assessment rate calculated in the final
results of this review is above de
minimis. Where either the respondent’s
weighted-average dumping margin is
zero or de minimis, or an importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
The final results of this review shall be
the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.
wreier-aviles on DSK5TPTVN1PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements, when imposed, will apply
to all shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication 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 Fengchi Imp. and
Exp. Co., Ltd. of Haicheng City and
Yingkou Bayuquan Refractories Co., Ltd.
will be the rate established in the final
results of this administrative review; (2)
for any previously reviewed or
investigated PRC or non-PRC exporter,
not covered in this administrative
review, with a separate rate, the cash
deposit rate will be the companyspecific rate established in the most
recent segment of this proceeding; (3)
for all other PRC exporters, the cash
deposit rate will continue to be the PRCwide rate (i.e., 236.00 percent); and (4)
the cash-deposit rate for any non-PRC
exporter of subject merchandise from
the PRC will be the rate applicable to
the PRC exporter that supplied that
exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
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
7 In these preliminary results, the Department
applied the assessment rate calculation method
adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
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this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
This administrative review and notice
are in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.213.
Dated: October 1, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Background
2. Scope of Merchandise
3. Non-Market Economy Country Status
4. Separate Rates
5. PRC-Wide Entity
6. Fengchi
7. Use of Facts Available and Adverse Facts
Available (AFA)
8. Application of Total AFA to Fengchi
9. Application of Total AFA to the PRC-Wide
Entity
10. Selection of AFA Rate
11. Corroboration of Secondary Information
12. Export Subsidy Adjustment
[FR Doc. 2012–24811 Filed 10–5–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–942]
Certain Kitchen Appliance Shelving
and Racks From the People’s Republic
of China: Countervailing Duty
Administrative Review; 2010
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is conducting an
administrative review of the
countervailing duty order on certain
kitchen appliance shelving and racks
(‘‘kitchen racks’’) from the People’s
Republic of China (‘‘PRC’’). The period
of review (‘‘POR’’) is January 1, 2010,
through December 31, 2010. We
preliminarily determine that New King
Shan (Zhu Hai) Co., Ltd. (‘‘NKS’’)
received countervailable subsidies
during the POR. We are also rescinding
this review for six other producers/
exporters.
DATE: Effective Date: October 9, 2012.
FOR FURTHER INFORMATION CONTACT:
Jennifer Meek or Mary Kolberg, Office of
AD/CVD Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
AGENCY:
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Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–2778 and (202)
482–1785, respectively.
Scope of the Order
The scope of the order consists of
shelving and racks for refrigerators,
freezers, combined refrigerator-freezers,
other refrigerating or freezing
equipment, cooking stoves, ranges, and
ovens. The merchandise subject to the
order is currently classifiable under the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) numbers
8418.99.80.50, 7321.90.50.00,
7321.90.60.40, 7321.90.60.90,
8418.99.80.60, 8419.90.95.20,
8516.90.80.00, and 8516.90.80.10.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written product
description, available in Countervailing
Duty Order: Certain Kitchen Appliance
Shelving and Racks From the People’s
Republic of China, 74 FR 46973
(September 14, 2009) (‘‘CVD Order’’),
remains dispositive.
Partial Rescission of the Administrative
Review
Pursuant to 19 CFR 351.213(d)(1), we
are rescinding this administrative
review with respect to the following
parties because the review requests were
timely withdrawn: Asia Pacific CIS
(Wuxi) Co., Ltd.; Guangdong Wireking
Co., Ltd. (formerly known as Foshun
Shunde Wireking Housewares &
Hardware); Hangzhou Dunli Import &
Export Co., Ltd. and Hangzhou Dunli
Industry Co., Ltd.; Hengtong Hardware
Manufacturing (Huizhou) Co., Ltd.;
Jiangsu Weixi Group Co.; and Leader
Metal Industry Co., Ltd. (aka Marmon
Retail Services Asia).
Methodology
The Department has conducted this
review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as
amended (‘‘the Act’’). For each of the
subsidy programs found
countervailable, we preliminarily
determine that there is a subsidy, i.e., a
government-provided financial
contribution that gives rise to a benefit
to the recipient, and that the subsidy is
specific. See sections 771(5)(B) and (D)
of the Act regarding financial
contribution; section 771(5)(E) of the
Act regarding benefit; and section
771(5A) of the Act regarding specificity.
In making these findings, we have
relied, in part, on facts available and,
because one or more respondents did
not act to the best of their ability to
respond to the Department’s requests for
information, we have drawn an adverse
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]]>Agencies
[Federal Register Volume 77, Number 195 (Tuesday, October 9, 2012)]
[Notices]
[Pages 61394-61396]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24811]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-954]
Certain Magnesia Carbon Bricks From the People's Republic of
China: Antidumping Duty Administrative Review; 2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from interested parties, the
Department of Commerce (``Department'') is conducting the
administrative review of the antidumping duty order on certain magnesia
carbon bricks from the People's Republic of China (``PRC''), covering
the period of review (``POR'') of March 12, 2010, through August 31,
2011. The Department has preliminarily applied adverse facts available
(AFA) to the two mandatory respondents who both failed to cooperate to
the best of their ability in this proceeding. The Department also
intends to rescind the review of seven companies that certified that
they had no shipments of subject merchandise to the United States
during the POR.
DATES: Effective Date: October 9, 2012.
FOR FURTHER INFORMATION CONTACT: Jerry Huang, 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) 482-4047.
Scope of the Order
The merchandise subject to the order includes certain magnesia
carbon bricks. Certain magnesia carbon bricks that are the subject of
this order are currently classifiable under subheadings 6902.10.1000,
6902.10.5000, 6815.91.0000, 6815.99.2000 and 6815.99.4000 of the
Harmonized Tariff Schedule of the United States (``HTSUS''). Although
the HTSUS numbers are provided for convenience and customs purposes,
the written product description, available in Certain Magnesia Carbon
Bricks From Mexico and the People's Republic of China: Antidumping Duty
Orders, 75 FR 57257 (September 20, 2010), remains dispositive.
Preliminary Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(3), we have preliminarily determined
that ANH (Xinyi) Refractories (``ANH''), Yingkou New Century
Refractories Ltd. (``Yingkou New Century''), and RHI-
[[Page 61395]]
Refractories Asia Pacific Pte. Ltd., RHI Refractories (Dalian) Co.,
Ltd., RHI Refractories Liaoning Co., Ltd., RHI Trading Shanghai Branch,
and RHI Trading (Dalian) Co., Ltd. (collectively, ``RHI'') made no
shipments of subject merchandise during the POR of this administrative
review. The Department received no-shipment certifications from ANH,
Yingkou New Century, and RHI between November and December, 2011. The
Department also issued no-shipment inquiries to U.S. Customs and Border
Protection (``CBP'') in January 2012, asking CBP to provide any
information contrary to our findings of no entries of subject
merchandise for merchandise manufactured and shipped by ANH, Yingkou
New Century, and RHI during the POR. We did not receive any response
from CBP, thus indicating that there were no entries of subject
merchandise into the United States exported by these companies.
Consequently, as none of the companies made exports of subject
merchandise during the POR, we are preliminarily rescinding the review,
in part, with respect to ANH, Yingkou New Century and RHI.
Methodology
The Department has conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (``the Act''). We
have relied on facts available and because respondents did not act to
the best of their ability to respond to the Department's requests for
information, we have drawn an adverse inference in selecting from among
the facts otherwise available.\1\
---------------------------------------------------------------------------
\1\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
For a full description of the methodology underlying our
conclusions, please see ``Decision Memorandum for Preliminary Results
for the Antidumping Duty Administrative Review of Certain Magnesia
Carbon Bricks from the People's Republic of China,'' (``Preliminary
Decision Memorandum'') from Christian Marsh, Deputy Assistant Secretary
for Antidumping and Countervailing Duty Operations to Paul Piquado,
Assistant Secretary for Import Administration, dated concurrently with
these results and hereby adopted by this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Import Administration's Antidumping and Countervailing Duty
Centralized Electronic Service System (``IA ACCESS''). Access to IA
ACCESS is available in the Central Records Unit (``CRU''), room 7046 of
the main Department of Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
on the Internet at https://www.trade.gov/ia/. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
Preliminary Results of Review
The Department has determined that the following preliminary
dumping margins exist for the period March 12, 2010, and August 31,
2011:
------------------------------------------------------------------------
Margin
Company (percent)
------------------------------------------------------------------------
Fengchi Imp. and Exp. Co., Ltd. of Haicheng City........ 236.00
PRC-wide entity (including Yingkou Byuquan Refractories 236.00
Co., Ltd.).............................................
------------------------------------------------------------------------
Disclosure and Public Comment
The Department will disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of these preliminary results.\2\
Interested parties may submit written comments (case briefs) within 30
days of publication of the preliminary results and rebuttal comments
(rebuttal briefs) within five days after the time limit for filing case
briefs.\3\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be
limited to issues raised in the case briefs. Parties who submit
arguments are requested to submit with the argument: (1) A statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities.
---------------------------------------------------------------------------
\2\ See 19 CFR 351.224(b).
\3\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
---------------------------------------------------------------------------
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, U.S. Department of Commerce, filed
electronically using IA ACCESS. An electronically filed document must
be received successfully in its entirety by the Department's electronic
records system, IA ACCESS, by 5 p.m. Eastern Standard Time within 30
days after the date of publication of this notice.\4\ Requests should
contain the party's name, address, and telephone number, the number of
participants, and a list of the issues to be discussed. If a request
for a hearing is made, we will inform parties of the scheduled date for
the hearing which will be held at the U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230, at a time and
location to be determined.\5\ Parties should confirm by telephone the
date, time, and location of the hearing.
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\4\ See 19 CFR 351.310(c).
\5\ See 19 CFR 351.310.
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, the Department will issue the final results of this
administrative review, including the results of our analysis of the
issues raised by the parties in their comments, within 120 days after
issuance of these preliminary results.
Deadline for Submission of Publicly Available Surrogate Value
Information
In accordance with 19 CFR 351.301(c)(3), the deadline for
submission of publicly available information to value factors of
production under 19 CFR 351.408(c) is 20 days after the date of
publication of these preliminary results. In accordance with 19 CFR
351.301(c)(1), if an interested party submits factual information less
than ten days before, on, or after (if the Department has extended the
deadline), the applicable deadline for submission of such factual
information, an interested party may submit factual information to
rebut, clarify, or correct the factual information no later than ten
days after such factual information is served on the interested party.
However, the Department notes that 19 CFR 351.301(c)(1) permits new
information only insofar as it rebuts, clarifies, or corrects
information recently placed on the record.\6\ Furthermore, the
Department generally will not accept business proprietary information
in either the surrogate value submissions or the rebuttals thereto, as
the regulation regarding the submission of surrogate values allows only
for the submission of publicly available information.
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\6\ See, e.g., Glycine from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review and Final
Rescission, in Part, 72 FR 58809 (October 17, 2007), and
accompanying Issues and Decision Memorandum at Comment 2.
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Assessment Rates
Upon issuing the final results of the review, the Department shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries. The Department intends to issue assessment instructions to CBP
15 days after the date of publication of the final results of review.
For any individually examined respondents whose weighted-average
dumping margin is above de minimis, we will calculate importer-specific
ad valorem duty assessment rates based on the ratio of the total amount
of dumping calculated for the importer's examined sales to the total
entered value of those
[[Page 61396]]
same sales in accordance with 19 CFR 351.212(b)(1).\7\ We will instruct
CBP to assess antidumping duties on all appropriate entries covered by
this review when the importer-specific assessment rate calculated in
the final results of this review is above de minimis. Where either the
respondent's weighted-average dumping margin is zero or de minimis, or
an importer-specific assessment rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties. The final results of this review shall be the basis
for the assessment of antidumping duties on entries of merchandise
covered by the final results of this review and for future deposits of
estimated duties, where applicable.
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\7\ In these preliminary results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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Cash Deposit Requirements
The following cash deposit requirements, when imposed, will apply
to all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication 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 Fengchi Imp. and
Exp. Co., Ltd. of Haicheng City and Yingkou Bayuquan Refractories Co.,
Ltd. will be the rate established in the final results of this
administrative review; (2) for any previously reviewed or investigated
PRC or non-PRC exporter, not covered in this administrative review,
with a separate rate, the cash deposit rate will be the company-
specific rate established in the most recent segment of this
proceeding; (3) for all other PRC exporters, the cash deposit rate will
continue to be the PRC-wide rate (i.e., 236.00 percent); and (4) the
cash-deposit rate for any non-PRC exporter of subject merchandise from
the PRC will be the rate applicable to the PRC exporter that supplied
that exporter. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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.
This administrative review and notice are in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213.
Dated: October 1, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
1. Background
2. Scope of Merchandise
3. Non-Market Economy Country Status
4. Separate Rates
5. PRC-Wide Entity
6. Fengchi
7. Use of Facts Available and Adverse Facts Available (AFA)
8. Application of Total AFA to Fengchi
9. Application of Total AFA to the PRC-Wide Entity
10. Selection of AFA Rate
11. Corroboration of Secondary Information
12. Export Subsidy Adjustment
[FR Doc. 2012-24811 Filed 10-5-12; 8:45 am]
BILLING CODE 3510-DS-P
