Certain Kitchen Appliance Shelving and Racks From the People's Republic of China: Antidumping Duty Administrative Review, 2010-2011, 61385-61387 [2012-24847]

Download as PDF 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entries without regard to antidumping duties.8 For the companies for which this review has been preliminarily rescinded, the Department intends to assess antidumping duties at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(2), if the review is rescinded for these companies.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following cash deposit requirements, when imposed, will apply to all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: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 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 61385 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 61386 Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Notices FR 46971 (September 14, 2009), remains dispositive. wreier-aviles on DSK5TPTVN1PROD with NOTICES PRC-Wide Entity Petitioners timely requested an administrative review for Asia Pacific CIS (Wuxi) Co., Ltd., Hengtong Hardware Manufacturing (Huizhou) Co., Ltd., Weixi, and Leader Metal Industry Co., Ltd. (aka Marmon Retail Services Asia), companies which do not have a separate rate, and then timely withdrew their requests for review of the abovementioned companies.1 Because these companies have not established their eligibility for a separate rate, they will continue to be considered part of the PRC-wide entity. Although the PRCwide entity is not under review for these preliminary results, the possibility exists that the PRC-wide entity could be under review for the final results of this administrative review. Therefore, as these companies are part of the PRCwide entity, their disposition will be the same as the PRC-wide entity, and will be addressed in the final results. 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). Constructed export prices have been calculated in accordance with section 772 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). Specifically, the NKS’s factors of production have been valued in Thai prices, which is economically comparable to the PRC and is a significant producer of comparable merchandise. 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 Kitchen Appliance Shelving and Racks 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 1 See Letter to the Department from Petitioners, Re: Withdrawal of Requests for Second Administrative Review of the Antidumping Duty Order, dated January 10, 2012. VerDate Mar<15>2010 15:28 Oct 05, 2012 Jkt 229001 Electronic Service System (‘‘IA ACCESS’’). IA ACCESS is available to registered users at http:// 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 http://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 preliminarily determines that the following weightedaverage dumping margin exists. Weighted average dumping margin Exporter New King Shan (Zhu Hai) Co., Ltd. 0.00% (de minimis) Disclosure and Public Comment The Department will disclose the calculations used in our analysis to parties in this review within five days of the date of publication of this notice. 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 Time within 30 days after the date of publication of this notice.2 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, the Department 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. Parties should confirm by telephone the date, time, and location of the hearing. Interested parties are invited to comment on the preliminary results of this review. The Department will consider case briefs filed by interested parties within 30 days after the date of publication of 2 See PO 00000 19 CFR 351.310(c). Frm 00009 Fmt 4703 Sfmt 4703 this notice in the Federal Register.3 Interested parties may file rebuttal briefs, limited to issues raised in the case briefs.4 The Department will consider rebuttal briefs filed not later than five days after the time limit for filing case briefs. Parties who submit arguments are requested to submit with each argument a statement of the issue, a brief summary of the argument, and a table of authorities cited. The Department intends to issue the final results of this administrative review, including the results of our analysis of issues raised in the written comments, within 120 days of publication of these preliminary results in the Federal Register. Assessment Rates Upon issuance of the final results, the Department will determine, and U.S. Customs and Border Protection (‘‘CBP’’) shall assess, antidumping duties on all appropriate entries covered by this review.5 The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. For any individually examined respondent whose weighted average 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 rates based on the resulting per-unit rates. Where an importer- (or customer-) specific ad valorem or perunit rate is greater than de minimis, the Department will instruct CBP to collect the appropriate duties at the time of liquidation.6 Where an importer- (or customer-) specific ad valorem or perunit rate is zero or de minimis, the 3 See 19 CFR 351.309(c)(1)(ii). 19 CFR 351.309(d). 5 See 19 CFR 351.212(b). 6 See 19 CFR 351.212(b)(1). 4 See E:\FR\FM\09OCN1.SGM 09OCN1 Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Notices Department will instruct CBP to liquidate appropriate entries without regard to antidumping duties.7 DEPARTMENT OF COMMERCE Cash Deposit Requirements [A–570–912] The following cash deposit requirements will be effective upon publication of the final results of this administrative review for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by sections 751(a)(2)(C) of the Act: (1) For NKS, which has a separate rate, the cash deposit rate will be that established in the final results of this review (except, if the rate is zero or de minimis, then zero cash deposit will be required); (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be that for the PRC-wide entity; 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. These deposit requirements, when imposed, shall remain in effect until further notice. Certain New Pneumatic Off-the-Road Tires From the People’s Republic of China: Antidumping Duty Administrative Review; 2010–2011 International Trade Administration Notification to Importers wreier-aviles on DSK5TPTVN1PROD with NOTICES 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 Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. This determination is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4). [FR Doc. 2012–24847 Filed 10–5–12; 8:45 am] BILLING CODE 3510–DS–P 19 CFR 351.106(c)(2). VerDate Mar<15>2010 15:28 Oct 05, 2012 Scope of the Order The merchandise covered by this order includes new pneumatic tires designed for off-the-road and offhighway use, subject to certain exceptions. The subject merchandise is currently classifiable under Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) subheadings: 4011.20.10.25, 4011.20.10.35, 4011.20.50.30, 4011.20.50.50, 4011.61.00.00, 4011.62.00.00, 4011.63.00.00, 4011.69.00.00, 4011.92.00.00, 4011.93.40.00, 4011.93.80.00, 4011.94.40.00, and 4011.94.80.00. The HTSUS subheadings are provided for convenience and customs purposes only; the written product description of the scope of the order is dispositive.1 Partial Rescission of Review Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if a party that requested the review withdraws the Dated: October 1, 2012. Paul Piquado, Assistant Secretary for Import Administration. 7 See 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 certain new pneumatic off-the-road tires (‘‘OTR tires’’) from the People’s Republic of China (‘‘PRC’’). The period of review (‘‘POR’’) is September 1, 2010, through August 31, 2011. The review covers one exporter of subject merchandise, Hangzhou Zhongce Rubber Co., Ltd. (‘‘Zhongce’’). We have preliminarily found that Zhongce made sales of subject merchandise at less than normal value. DATES: Effective Date: October 9, 2012. FOR FURTHER INFORMATION CONTACT: Andrew Medley, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4987. SUPPLEMENTARY INFORMATION: AGENCY: Jkt 229001 1 See Certain New Pneumatic Off-the-Road Tires From the People’s Republic of China: Notice of Amended Final Affirmative Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 73 FR 51624 (September 4, 2008). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 61387 request within 90 days of the date of publication of the initiation notice. For all but five of the 85 companies for which the Department initiated an administrative review, Bridgestone Americas, Inc. and Bridgestone Americas Tire Operations, LLC (‘‘Bridgestone’’), a domestic interested party, was the only party that requested the review. On January 6, 2012, Bridgestone timely withdrew all of its review requests. On January 11, 2012, GTC 2 timely withdrew its three requests for self-review. On January 11, 2012, Tianjin United Tire & Rubber International Co., Ltd. (‘‘TUTRIC’’) timely withdrew its request for selfreview. For those companies named in the Initiation Notice 3 for which all review requests have been withdrawn and who previously received separate rate status in prior segments of this case, we are rescinding this administrative review, in accordance with 19 CFR 351.213(d)(I). These companies are listed in Appendix II. Bridgestone’s withdrawal of its timely request for an administrative review, as described above, included requests to conduct administrative reviews of multiple companies that do not have separate rates. While the requests for review of these companies were timely withdrawn, those companies remain a part of the PRC-wide entity. Although the PRC-wide entity is not under review for these preliminary results, the possibility exists that the PRC-wide entity could be under review for the final results of this administrative review. Therefore, we are not rescinding this review with respect to these companies at this time, but we intend to rescind this review with respect to these companies in the final results if the PRC-wide entity is not reviewed. These companies are listed in Appendix III. 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’’). Export prices have been calculated in accordance with section 772 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. For a full description of the methodology underlying our 2 Guizhou Tyre Co., Ltd., Guizhou Advance Rubber Co., Ltd., and Guizhou Tyre Import and Export Corporation (collectively, ‘‘GTC’’). 3 Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 76 FR 67133 (October 31, 2011) (‘‘Initiation Notice’’) E:\FR\FM\09OCN1.SGM 09OCN1

Agencies

[Federal Register Volume 77, Number 195 (Tuesday, October 9, 2012)]
[Notices]
[Pages 61385-61387]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24847]


-----------------------------------------------------------------------

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

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 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.

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

[[Page 61386]]

FR 46971 (September 14, 2009), remains dispositive.

PRC-Wide Entity

    Petitioners timely requested an administrative review for Asia 
Pacific CIS (Wuxi) Co., Ltd., Hengtong Hardware Manufacturing (Huizhou) 
Co., Ltd., Weixi, and Leader Metal Industry Co., Ltd. (aka Marmon 
Retail Services Asia), companies which do not have a separate rate, and 
then timely withdrew their requests for review of the above-mentioned 
companies.\1\ Because these companies have not established their 
eligibility for a separate rate, they will continue to be considered 
part of the PRC-wide entity. Although the PRC-wide entity is not under 
review for these preliminary results, the possibility exists that the 
PRC-wide entity could be under review for the final results of this 
administrative review. Therefore, as these companies are part of the 
PRC-wide entity, their disposition will be the same as the PRC-wide 
entity, and will be addressed in the final results.
---------------------------------------------------------------------------

    \1\ See Letter to the Department from Petitioners, Re: 
Withdrawal of Requests for Second Administrative Review of the 
Antidumping Duty Order, dated January 10, 2012.
---------------------------------------------------------------------------

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). 
Constructed export prices have been calculated in accordance with 
section 772 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). Specifically, the NKS's 
factors of production have been valued in Thai prices, which is 
economically comparable to the PRC and is a significant producer of 
comparable merchandise.
    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 Kitchen 
Appliance Shelving and Racks 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''). IA ACCESS is available to registered users at http://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 http://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 preliminarily determines that the following 
weighted-average dumping margin exists.

------------------------------------------------------------------------
                                             Weighted  average  dumping
                 Exporter                              margin
------------------------------------------------------------------------
New King Shan (Zhu Hai) Co., Ltd.........  0.00% (de minimis)
------------------------------------------------------------------------

Disclosure and Public Comment

    The Department will disclose the calculations used in our analysis 
to parties in this review within five days of the date of publication 
of this notice. 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 Time within 30 days after the date 
of publication of this notice.\2\ 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, 
the Department 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. Parties should confirm by telephone the 
date, time, and location of the hearing. Interested parties are invited 
to comment on the preliminary results of this review.
---------------------------------------------------------------------------

    \2\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    The Department will consider case briefs filed by interested 
parties within 30 days after the date of publication of this notice in 
the Federal Register.\3\ Interested parties may file rebuttal briefs, 
limited to issues raised in the case briefs.\4\ The Department will 
consider rebuttal briefs filed not later than five days after the time 
limit for filing case briefs. Parties who submit arguments are 
requested to submit with each argument a statement of the issue, a 
brief summary of the argument, and a table of authorities cited. The 
Department intends to issue the final results of this administrative 
review, including the results of our analysis of issues raised in the 
written comments, within 120 days of publication of these preliminary 
results in the Federal Register.
---------------------------------------------------------------------------

    \3\ See 19 CFR 351.309(c)(1)(ii).
    \4\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and U.S. Customs and Border Protection (``CBP'') shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\5\ The Department intends to issue assessment instructions to 
CBP 15 days after the publication date of the final results of this 
review. For any individually examined respondent whose weighted average 
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.
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------

    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 
rates based on the resulting per-unit rates. Where an importer- (or 
customer-) specific ad valorem or per-unit rate is greater than de 
minimis, the Department will instruct CBP to collect the appropriate 
duties at the time of liquidation.\6\ Where an importer- (or customer-) 
specific ad valorem or per-unit rate is zero or de minimis, the

[[Page 61387]]

Department will instruct CBP to liquidate appropriate entries without 
regard to antidumping duties.\7\
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.212(b)(1).
    \7\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by sections 751(a)(2)(C) of the Act: (1) For NKS, which has a 
separate rate, the cash deposit rate will be that established in the 
final results of this review (except, if the rate is zero or de 
minimis, then zero cash deposit will be required); (2) for previously 
investigated or reviewed PRC and non-PRC exporters not listed above 
that received a separate rate in a prior segment of this proceeding, 
the cash deposit rate will continue to be the existing exporter-
specific rate; (3) for all PRC exporters of subject merchandise that 
have not been found to be entitled to a separate rate, the cash deposit 
rate will be that for the PRC-wide entity; 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. 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This determination is issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).

    Dated: October 1, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-24847 Filed 10-5-12; 8:45 am]
BILLING CODE 3510-DS-P