Certain Kitchen Appliance Shelving and Racks From the People's Republic of China: Antidumping Duty Administrative Review, 2010-2011, 61385-61387 [2012-24847]
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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has been preliminarily rescinded, the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rescinded for these companies.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merchandise entered, or withdrawn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
PO 00000
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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
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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 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.
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 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.
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.
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\3\ See 19 CFR 351.309(c)(1)(ii).
\4\ See 19 CFR 351.309(d).
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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.
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\5\ See 19 CFR 351.212(b).
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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\
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\6\ See 19 CFR 351.212(b)(1).
\7\ See 19 CFR 351.106(c)(2).
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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
