Freshwater Crawfish Tail Meat From the People's Republic of China: Antidumping Duty Administrative Review; 2010-2011, 61383-61385 [2012-24843]
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Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Notices
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. This clarification will
apply to entries of subject merchandise
during the POR produced by each
respondent for which they did not know
that their merchandise was destined for
the United States. In such instances, we
will instruct CBP to liquidate
unreviewed entries at the all-others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction. For a full discussion of this
clarification, see Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
We intend to issue instructions to
CBP 15 days after publication of the
final results of this review.
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.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213.
Dated: October 1, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
wreier-aviles on DSK5TPTVN1PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
of administrative review for 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entered, or withdrawn from warehouse,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) of the Act: (1) The cash
deposit rate for Riddhi and SAB, and
the remaining 55 companies listed in
the ‘‘Preliminary Result of the Review’’
section, will be the rate established in
the final results of this administrative
review; (2) for merchandise exported by
manufacturers or exporters not covered
in this administrative review but
covered in a prior segment of the
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recent period; (3)
if the exporter is not a firm covered in
this review, a prior review, or the
original investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent period for the manufacturer of
the merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 3.91
percent, the all-others rate established
in the investigation.8 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Appendix I
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
International Trade Administration
15:28 Oct 05, 2012
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[FR Doc. 2012–24814 Filed 10–5–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
[A–570–848]
8 See Notice of Amended Final Determination of
Sales at Less Than Fair Value: Certain Lined Paper
Products from the People’s Republic of China;
Notice of Antidumping Duty Orders: Certain Lined
Paper Products from India, Indonesia and the
People’s Republic of China; and Notice of
Countervailing Duty Orders: Certain Lined Paper
Products from India and Indonesia, 71 FR 56949
(September 28, 2006).
VerDate Mar<15>2010
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
a. Selection of Respondents for Individual
Examination
b. Requests for Information
3. Scope of the Order
4. Discussion of the Methodology
a. Fair Value Comparisons
b. Export Price
c. Normal Value
i. Selection of Comparison Market
ii. Product Comparisons
iii. Calculation of Normal Value Based on
Comparison Market Prices
iv. Level of Trade
v. Date of Sale
vi. Cost of Production Analysis
1. Calculation of COP
2. Test of Comparison Market Prices and
COP
3. Results of COP Test
vii. Calculation of Normal Value Based on
Constructed Value
d. Rate for Non-Selected Companies
e. Use of Facts Otherwise Available and
Adverse Inferences
i. Uncooperative Respondents
ii. Selection of AFA Rate
f. Currency Conversion
Recommendation
Freshwater Crawfish Tail Meat From
the People’s Republic of China:
Antidumping Duty Administrative
Review; 2010–2011
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
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61383
The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on freshwater
crawfish tail meat from the People’s
Republic of China (PRC). The period of
review (POR) is September 1, 2010,
through August 31, 2011. The review
covers the following producers/
exporters of the subject merchandise,
Xiping Opeck Food Co., Ltd. (Xiping
Opeck), Yancheng Hi-King Agriculture
Developing Co., Ltd., (Hi-King
Agriculture) and China Kingdom
(Beijing) Import & Export Co., Ltd
(China Kingdom). We have
preliminarily determined that Hi-King
Agriculture sold subject merchandise at
less than normal value during the
period of review and that Xining Opeck
and China Kingdom have made sales in
the United States at prices not below
normal value.
DATES: Effective Date: October 9, 2012.
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla or Minoo Hatten, AD/
CVD Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–3477, and (202)
482–1690, respectively.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Scope of the Order
The merchandise subject to the order
is freshwater crawfish tail meat. The
product is currently classified in the
Harmonized Tariff Schedule of the
United States (HTSUS) under item
numbers 1605.40.10.10 and
1605.40.10.90. Although the HTSUS
subheadings are provided for
convenience and customs purposes
only, the written product description,
available in Freshwater Crawfish Tail
Meat from the People’s Republic of
China: Notice of Final Results of
Antidumping Duty Administrative
Review, 71 FR 7013 (February 10, 2006),
remains dispositive.
Nature of Transactions Pertaining to
the Entries Under Review With Respect
to Xiping Opeck
Although we have calculated a margin
for Xiping Opeck for purposes of the
preliminary results, we require
additional information in order to
accurately assess the nature of the
transactions pertaining to entries under
review with respect to Xiping Opeck.
For further details on our analysis,
please see the memorandum from
Christian Marsh, Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations, to Paul
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61384
Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Notices
Piquado, Assistant Secretary for Import
Administration, ‘‘Decision
Memorandum for Preliminary Results of
Antidumping Duty Administrative
Review: Freshwater Crawfish Tail Meat
from the People’s Republic of China’’
(dated concurrently with this notice)
(Preliminary Decision Memorandum),
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).
IA ACCESS is available to registered
users at https://iaaccess.trade.gov and 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.
wreier-aviles on DSK5TPTVN1PROD with NOTICES
Treatment of Affiliated Parties as a
Single Entity
We preliminarily determine that HiKing Agriculture and its affiliates,
Yancheng Seastar Seafood Co., Ltd.,
Wuhan Hi-King Agriculture
Development Co., Ltd., Yancheng HiKing Frozen Food Co., Ltd., Jiangxi HiKing Poyang Lake Seafood Co., Ltd., and
Yancheng Hi-King Aquatic Growing Co.,
Ltd., should be treated as a single entity
for the purpose of calculating an
antidumping duty margin. See
memorandum entitled ‘‘Freshwater
Crawfish Tail Meat from the People’s
Republic of China—Collapsing of
Yancheng Hi-King Agriculture
Developing Co., Ltd., and its Affiliates’’
dated concurrently with this notice.
Methodology
The Department has conducted this
review in accordance with section
751(a)(2) of the Tariff Act of 1930, as
amended (the Act). Export Price is
calculated in accordance with section
772(c) of the Act. Because the PRC is a
nonmarket economy within the meaning
of section 771(18) of the Act, normal
value has been calculated in accordance
with section 773(c) of the Act.
Specifically the respondents’ factors of
production have been valued in
Indonesian prices (when available),
which is economically comparable to
the PRC and a significant producer of
comparable merchandise. For a full
description of these ‘‘surrogate’’ values
and the methodology underlying our
conclusions, please see memorandum
VerDate Mar<15>2010
15:28 Oct 05, 2012
Jkt 229001
entitled ‘‘Freshwater Crawfish Tail Meat
from the People’s Republic of China:
Surrogate-Value Memorandum’’ dated
concurrently with this notice and the
Preliminary Decision Memorandum.
Preliminary Results of Review
The Department has determined that
the following preliminary dumping
margins exist for the period September
1, 2010, through August 31, 2011:
Margin
(percent)
Company
Xiping Opeck Food Co., Ltd. ........
Yancheng Hi-King Agriculture Developing Co., Ltd. ......................
China Kingdom (Beijing) Import &
Export Co., Ltd. .........................
Nanjing Gemsen International
Co., Ltd.1 ...................................
0.00
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.
Unless the deadline is extended
pursuant to section 751(a)(2)(B)(iv) of
the Act, the Department will issue the
final results of this administrative
review, including the results of its
analysis of issues raised by parties in
their comments, within 120 days after
the issuance of these preliminary
results.
22.02
Deadline for Submission of Publicly
Available Surrogate Value Information
In accordance with 19 CFR
22.02 351.301(c)(3), the deadline for
submission of publicly available
Disclosure and Public Comment
information to value factors of
production under 19 CFR 351.408(c) is
The Department will disclose to
20 days after the date of publication of
parties to this proceeding the
these preliminary results. In accordance
calculations performed in reaching the
with 19 CFR 351.301(c)(1), if an
preliminary results within five days of
interested party submits factual
the date of publication of these
information less than ten days before,
preliminary results.2 Interested parties
on, or after (if the Department has
may submit written comments (case
extended the deadline), the applicable
briefs) within 30 days of publication of
deadline for submission of such factual
the preliminary results and rebuttal
information, an interested party may
comments (rebuttal briefs) within five
submit factual information to rebut,
days after the time limit for filing case
clarify, or correct the factual
briefs.3 Pursuant to 19 CFR
information no later than ten days after
351.309(d)(2), rebuttal briefs must be
such factual information is served on
limited to the issues raised in the case
briefs. Parties who submit arguments are the interested party. However, the
Department notes that 19 CFR
requested to submit with the argument:
351.301(c)(1), permits new information
(1) A statement of the issue; (2) a brief
only insofar as it rebuts, clarifies, or
summary of the argument; and (3) a
corrects information recently placed on
table of authorities.
Interested parties who wish to request the record.6 Furthermore, the
Department generally will not accept
a hearing, or to participate if one is
business proprietary information in
requested, must submit a written
either the surrogate value submissions
request to the Assistant Secretary for
Import Administration, U.S. Department or the rebuttals thereto, as the regulation
regarding the submission of surrogate
of Commerce, filed electronically using
values allows only for the submission of
Import Administration’s Antidumping
publicly available information.
and Countervailing Duty Centralized
Electronic Service System (IA ACCESS). Assessment Rates
An electronically filed document must
Upon issuing the final results, the
be received successfully in its entirety
Department shall determine, and U.S.
by the Department’s electronic records
Customs and Border Protection (CBP)
system, IA ACCESS, by 5 p.m. Eastern
shall assess, antidumping duties on all
Standard Time within 30 days after the
appropriate entries. The Department
4
date of publication of this notice.
intends to issue assessment instructions
Requests should contain the party’s
to CBP 15 days after the date of
name, address, and telephone number,
publication of the final results of
the number of participants, and a list of
review. For any individually examined
issues to be discussed. If a request for
respondent whose weighted average
a hearing is made, we will inform
parties of the scheduled date for the
5
1 Nanjing
0.00
Gemsen International Co., Ltd was not
selected for individual examination.
2 See 19 CFR 351.224(b).
3 See 19 CFR 351.309(c)(1)(ii).
4 See 19 CFR 351.310(c).
PO 00000
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Fmt 4703
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See 19 CFR 351.310.
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.
6 See,
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Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Notices
wreier-aviles on DSK5TPTVN1PROD with NOTICES
dumping margin is above de minimis
(i.e., 0.50 percent) in the final results of
this review, the Department will
calculate importer-specific assessment
rates on the basis of the ratio of the total
amount of dumping calculated for the
importer’s examined sales and the total
entered value of sales, in accordance
with 19 CFR 351.212(b)(1). In these
preliminary results, the Department
applied the assessment rate calculation
method adopted in Final Modification
for Reviews, i.e., on the basis of monthly
average-to-average comparisons using
only the transactions associated with
that importer with offsets being
provided for non-dumped comparisons.
Where the Department calculates a
weighted-average dumping margin by
dividing the total amount of dumping
for reviewed sales to that party by the
total sales quantity associated with
those transactions, the Department will
direct CBP to assess importer-specific
assessment amounts based on the
resulting per-unit amounts. Where an
importer- (or customer-) specific ad
valorem or per-unit amount is greater
than de minimis, the Department will
instruct CBP to collect the appropriate
duties at the time of liquidation.7 Where
an importer- (or customer-) specific ad
valorem or per-unit amount is zero or de
minimis, the Department will instruct
CBP to liquidate appropriate entries
without regard to antidumping duties.8
For the companies for which this review
has been preliminarily rescinded, the
Department intends to assess
antidumping duties at rates equal to the
cash deposit of estimated antidumping
duties required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(2), if the review is
rescinded for these companies.
Cash Deposit Requirements
The following cash deposit
requirements, when imposed, will apply
to all shipments of the 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 rates for
Xiping Opeck, Hi-King Agriculture,
China Kingdom, and Nanjing Gemsen
International Co., Ltd. will be the rates
established in the final results of this
administrative review (except, if the rate
is zero or de minimis, i.e., less than 0.5
percent, no cash deposit will be
required for that company) ; (2) for
Shanghai Ocean and Xuzhou Jinjiang
7 See
8 See
19 CFR 351.212(b)(1).
19 CFR 351.106(c)(2).
VerDate Mar<15>2010
15:28 Oct 05, 2012
Jkt 229001
which claimed no shipments and have
separate rates, the cash deposit rate will
remain unchanged from the rate
assigned to these companies in the most
recently completed review of the
companies; (3) for previously
investigated or reviewed PRC and nonPRC exporters who are not under review
in this segment of the proceeding but
who have separate rates, the cash
deposit rate will continue to be the
exporter-specific rate published for the
most recent period; (4) 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 223.01 percent; (5)
for all non-PRC exporters of subject
merchandise the cash deposit rate will
be the rate applicable to the PRC entity
that supplied that exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice also 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 review and notice are in
accordance with sections 751(a)(1),
751(a)(2)(B)(iv), 751(a)(3), and 777(i) of
the Act.
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. Intent To Rescind Review in Part
4. Evaluation of the Nature of Transactions
Pertaining to the Entries Under Review
With Respect to Xiping Opeck
5. Treatment of Affiliated Parties as a Single
Entity
6. Non-Market-Economy Country Status
7. Surrogate Country
8. Separate Rates
9. Separate Rate for Non-Selected Company
10. PRC-Wide Entity Rate
11. Absence of De Jure Control
12. Absence of De Facto Control
13. U.S. Price
14. Normal Value
15. Surrogate Values
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16. Currency Conversion
[FR Doc. 2012–24843 Filed 10–5–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–941]
Certain Kitchen Appliance Shelving
and Racks 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
kitchen appliance shelving and racks
from the People’s Republic of China
(‘‘PRC’’) for the period of review
(‘‘POR’’) September 1, 2010, through
August 31, 2011. The Department has
preliminarily determined that New King
Shan (Zhu Hai) Wire Co., Ltd. (‘‘NKS’’)
did not sell subject merchandise in the
United States at prices below normal
value.
AGENCY:
DATES:
Effective Date: October 9, 2012.
FOR FURTHER INFORMATION CONTACT:
Katie Marksberry, AD/CVD Operations,
Office 9, Import Administration,
International Trade Administration,
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–7906.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The scope of this 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 this order
is currently classifiable in the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) statistical
reporting numbers 8418.99.8050,
8418.99.8060, 7321.90.5000,
7321.90.6090, 8516.90.8000,
8516.90.8010, 7321.90.6040, and
8419.90.9520. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written product description, available in
Certain Kitchen Appliance Shelving and
Racks from the People’s Republic of
China: Amended Final Determination of
Sales at Less Than Fair Value and
Notice of Antidumping Duty Order, 74
E:\FR\FM\09OCN1.SGM
09OCN1
]]>Agencies
[Federal Register Volume 77, Number 195 (Tuesday, October 9, 2012)]
[Notices]
[Pages 61383-61385]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24843]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-848]
Freshwater Crawfish Tail Meat From the People's Republic of
China: Antidumping Duty Administrative Review; 2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on freshwater
crawfish tail meat from the People's Republic of China (PRC). The
period of review (POR) is September 1, 2010, through August 31, 2011.
The review covers the following producers/exporters of the subject
merchandise, Xiping Opeck Food Co., Ltd. (Xiping Opeck), Yancheng Hi-
King Agriculture Developing Co., Ltd., (Hi-King Agriculture) and China
Kingdom (Beijing) Import & Export Co., Ltd (China Kingdom). We have
preliminarily determined that Hi-King Agriculture sold subject
merchandise at less than normal value during the period of review and
that Xining Opeck and China Kingdom have made sales in the United
States at prices not below normal value.
DATES: Effective Date: October 9, 2012.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Minoo Hatten, AD/CVD
Operations, Office 1, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3477, and (202) 482-1690, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order is freshwater crawfish tail
meat. The product is currently classified in the Harmonized Tariff
Schedule of the United States (HTSUS) under item numbers 1605.40.10.10
and 1605.40.10.90. Although the HTSUS subheadings are provided for
convenience and customs purposes only, the written product description,
available in Freshwater Crawfish Tail Meat from the People's Republic
of China: Notice of Final Results of Antidumping Duty Administrative
Review, 71 FR 7013 (February 10, 2006), remains dispositive.
Nature of Transactions Pertaining to the Entries Under Review With
Respect to Xiping Opeck
Although we have calculated a margin for Xiping Opeck for purposes
of the preliminary results, we require additional information in order
to accurately assess the nature of the transactions pertaining to
entries under review with respect to Xiping Opeck. For further details
on our analysis, please see the memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty Operations,
to Paul
[[Page 61384]]
Piquado, Assistant Secretary for Import Administration, ``Decision
Memorandum for Preliminary Results of Antidumping Duty Administrative
Review: Freshwater Crawfish Tail Meat from the People's Republic of
China'' (dated concurrently with this notice) (Preliminary Decision
Memorandum), 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). IA ACCESS is
available to registered users at https://iaaccess.trade.gov and 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.
Treatment of Affiliated Parties as a Single Entity
We preliminarily determine that Hi-King Agriculture and its
affiliates, Yancheng Seastar Seafood Co., Ltd., Wuhan Hi-King
Agriculture Development Co., Ltd., Yancheng Hi-King Frozen Food Co.,
Ltd., Jiangxi Hi-King Poyang Lake Seafood Co., Ltd., and Yancheng Hi-
King Aquatic Growing Co., Ltd., should be treated as a single entity
for the purpose of calculating an antidumping duty margin. See
memorandum entitled ``Freshwater Crawfish Tail Meat from the People's
Republic of China--Collapsing of Yancheng Hi-King Agriculture
Developing Co., Ltd., and its Affiliates'' dated concurrently with this
notice.
Methodology
The Department has conducted this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export Price
is calculated in accordance with section 772(c) of the Act. Because the
PRC is a nonmarket economy within the meaning of section 771(18) of the
Act, normal value has been calculated in accordance with section 773(c)
of the Act. Specifically the respondents' factors of production have
been valued in Indonesian prices (when available), which is
economically comparable to the PRC and a significant producer of
comparable merchandise. For a full description of these ``surrogate''
values and the methodology underlying our conclusions, please see
memorandum entitled ``Freshwater Crawfish Tail Meat from the People's
Republic of China: Surrogate-Value Memorandum'' dated concurrently with
this notice and the Preliminary Decision Memorandum.
Preliminary Results of Review
The Department has determined that the following preliminary
dumping margins exist for the period September 1, 2010, through August
31, 2011:
------------------------------------------------------------------------
Margin
Company (percent)
------------------------------------------------------------------------
Xiping Opeck Food Co., Ltd................................... 0.00
Yancheng Hi-King Agriculture Developing Co., Ltd............. 22.02
China Kingdom (Beijing) Import & Export Co., Ltd............. 0.00
Nanjing Gemsen International Co., Ltd.\1\.................... 22.02
------------------------------------------------------------------------
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 the 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.
---------------------------------------------------------------------------
\1\ Nanjing Gemsen International Co., Ltd was not selected for
individual examination.
\2\ See 19 CFR 351.224(b).
\3\ See 19 CFR 351.309(c)(1)(ii).
---------------------------------------------------------------------------
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 Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (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 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.
---------------------------------------------------------------------------
\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)(2)(B)(iv) of the Act, the Department will issue the final
results of this administrative review, including the results of its
analysis of issues raised by parties in their comments, within 120 days
after the 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, the Department shall determine, and
U.S. Customs and Border Protection (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 respondent
whose weighted average
[[Page 61385]]
dumping margin is above de minimis (i.e., 0.50 percent) in the final
results of this review, the Department will calculate importer-specific
assessment rates on the basis of the ratio of the total amount of
dumping calculated for the importer's examined sales and the total
entered value of sales, in accordance with 19 CFR 351.212(b)(1). In
these preliminary results, the Department applied the assessment rate
calculation method adopted in Final Modification for Reviews, i.e., on
the basis of monthly average-to-average comparisons using only the
transactions associated with that importer with offsets being provided
for non-dumped comparisons.
Where the Department calculates a weighted-average dumping margin
by dividing the total amount of dumping for reviewed sales to that
party by the total sales quantity associated with those transactions,
the Department will direct CBP to assess importer-specific assessment
amounts based on the resulting per-unit amounts. Where an importer- (or
customer-) specific ad valorem or per-unit amount is greater than de
minimis, the Department will instruct CBP to collect the appropriate
duties at the time of liquidation.\7\ Where an importer- (or customer-)
specific ad valorem or per-unit amount is zero or de minimis, the
Department will instruct CBP to liquidate appropriate entries without
regard to antidumping duties.\8\ For the companies for which this
review has been preliminarily rescinded, the Department intends to
assess antidumping duties at rates equal to the cash deposit of
estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, for consumption, in accordance with 19 CFR
351.212(c)(2), if the review is rescinded for these companies.
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\7\ See 19 CFR 351.212(b)(1).
\8\ See 19 CFR 351.106(c)(2).
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Cash Deposit Requirements
The following cash deposit requirements, when imposed, will apply
to all shipments of the 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 rates for Xiping Opeck,
Hi-King Agriculture, China Kingdom, and Nanjing Gemsen International
Co., Ltd. will be the rates established in the final results of this
administrative review (except, if the rate is zero or de minimis, i.e.,
less than 0.5 percent, no cash deposit will be required for that
company) ; (2) for Shanghai Ocean and Xuzhou Jinjiang which claimed no
shipments and have separate rates, the cash deposit rate will remain
unchanged from the rate assigned to these companies in the most
recently completed review of the companies; (3) for previously
investigated or reviewed PRC and non-PRC exporters who are not under
review in this segment of the proceeding but who have separate rates,
the cash deposit rate will continue to be the exporter-specific rate
published for the most recent period; (4) 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 223.01
percent; (5) for all non-PRC exporters of subject merchandise the cash
deposit rate will be the rate applicable to the PRC entity that
supplied that exporter. These deposit requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also 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 review and notice are in accordance with sections 751(a)(1),
751(a)(2)(B)(iv), 751(a)(3), and 777(i) of the Act.
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. Intent To Rescind Review in Part
4. Evaluation of the Nature of Transactions Pertaining to the
Entries Under Review With Respect to Xiping Opeck
5. Treatment of Affiliated Parties as a Single Entity
6. Non-Market-Economy Country Status
7. Surrogate Country
8. Separate Rates
9. Separate Rate for Non-Selected Company
10. PRC-Wide Entity Rate
11. Absence of De Jure Control
12. Absence of De Facto Control
13. U.S. Price
14. Normal Value
15. Surrogate Values
16. Currency Conversion
[FR Doc. 2012-24843 Filed 10-5-12; 8:45 am]
BILLING CODE 3510-DS-P
