Sodium Hexametaphosphate From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2011-2012, 73011-73013 [2012-29642]
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Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Notices
on all appropriate entries. The
Department intends to issue assessment
instructions to CBP 15 days after the
date of publication of the final results of
review.
For any individually examined
respondents whose weighted-average
dumping margin is above de minimis,
we will calculate importer-specific ad
valorem duty assessment rates based on
the ratio of the total amount of dumping
calculated for the importer’s examined
sales to the total entered value of those
same sales in accordance with 19 CFR
351.212(b)(1).5 We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific
assessment rate calculated in the final
results of this review is above de
minimis. Where either the respondent’s
weighted-average dumping margin is
zero or de minimis, or an importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
The final results of this review shall
be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.
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Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of
PET Film from the UAE entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
administrative review, as provided for
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for the companies
under review will be the rate
established in the final results of this
review (except, if the rate is zero or de
minimis, no cash deposit will be
required); (2) for previously reviewed or
investigated companies not listed above,
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 less-thanfair-value 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 4.05
5 In these preliminary results, the Department
applied the assessment rate calculation
methodology adopted in Antidumping Proceedings:
Calculation of the Weighted-Average Dumping
Margin and Assessment Rate in Certain
Antidumping Proceedings: Final Modification, 77
FR 8101 (February 14, 2012).
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percent, the all-others rate established
in the investigation.6 These cash 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) 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.
These preliminary results of
administrative review are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: November 30, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Comparisons to Normal Value
2. Product Comparisons
3. Arm’s-Length Test
4. Date of Sale
5. JBF’s Margin Calculation
6. FLEX’s Margin Calculation
7. Currency Conversions
[FR Doc. 2012–29643 Filed 12–6–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–908]
Sodium Hexametaphosphate From the
People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review; 2011–
2012
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from
interested parties, the Department of
Commerce (the ‘‘Department’’) is
conducting the third administrative
review of the antidumping duty order
on sodium hexametaphosphate
(‘‘sodium hex’’) from the People’s
AGENCY:
6 See Polyethylene Terephthalate Film, Sheet, and
Strip from Brazil, the People’s Republic of China
and the United Arab Emirates: Antidumping Duty
Orders and Amended Final Determination of Sales
at Less Than Fair Value for the United Arab
Emirates, 73 FR 66595, 66597 (November 10, 2008).
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73011
Republic of China (‘‘PRC’’) for the
period of review (‘‘POR’’) March 1,
2011, through February 29, 2012. The
Department has preliminarily
determined that there are no reviewable
entries during the POR.
DATES: Effective Date: December 7, 2012.
FOR FURTHER INFORMATION CONTACT: Paul
Walker, AD/CVD Operations, Office 9,
Import Administration, International
Trade Administration, Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone 202.482.0413.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The scope of this order consists of
sodium hexametaphosphate.1 The
merchandise subject to this order is
currently classifiable in the Harmonized
Tariff Schedule of the United States
(‘‘HTSUS’’) statistical reporting number
2835.39.5000. However, it may also be
imported as a blend or mixture under
heading 3824.90.3900. Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written product description, available in
the Order remains dispositive.2
Preliminary Finding of No Shipments
Hubei Xingfa Chemical Group Co.,
Ltd. (‘‘Hubei Xingfa’’) and Sichuan
Mianzhu Norwest Phosphate Co.
(‘‘Norwest’’) submitted timely-filed
certifications that they had no sales of
subject merchandise to the United
States during the POR.3 The Department
also received information from U.S.
Customs and Border Protection (‘‘CBP’’)
indicating that there were no reviewable
transactions from Hubei Xingfa or
Norwest during the POR. Therefore, we
preliminarily determine that Hubei
Xingfa and Norwest had no reviewable
transactions of subject merchandise
during the POR. Because Hubei Xingfa
and Norwest submitted timely noshipment certifications and CBP data
indicated that there were no reviewable
transactions for these companies during
the POR, we preliminarily determine
that these two companies will retain
their separate rate from the previous
1 See ‘‘Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative
Review: Sodium Hexametaphosphate 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.
2 See Notice of Antidumping Duty Order: Sodium
Hexametaphosphate from the People’s Republic of
China, 73 FR 14772 (March 19, 2008) (‘‘Order’’).
3 See Hubei Xingfa’s letter dated May 4, 2012; see
also Norwest’s letter dated June 29, 2012.
E:\FR\FM\07DEN1.SGM
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73012
Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Notices
requested, must submit a written
request to the Assistant Secretary for
Import Administration, U.S. Department
of Commerce, filed electronically in 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.8 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
PRC-Wide Entity
comment on the preliminary results of
There are 13 other companies also
this review.
under review in this segment, none of
The Department will consider case
which have a separate rate from a prior
briefs filed by interested parties within
segment of this proceeding.5 Because
30 days after the date of publication of
these companies have not established
this notice in the Federal Register.9
their eligibility for a separate rate, the
Interested parties may file rebuttal
Department preliminarily determines
briefs, limited to issues raised in the
that they will continue to be considered case briefs.10 The Department will
part of the PRC-wide entity.6
consider rebuttal briefs filed not later
than five days after the time limit for
Preliminary Results of Review
filing case briefs. Parties who submit
The Department preliminarily
arguments are requested to submit with
determines that the following weighted- each argument a statement of the issue,
average dumping margin exists:
a brief summary of the argument, and a
table of authorities cited. The
Weighted
Department intends to issue the final
average
Exporter
results of this administrative review,
dumping
including the results of our analysis of
margin
issues raised in the written comments,
PRC-wide Entity 7 .......................
188.05 within 120 days of publication of these
preliminary results.
Public Comment
Assessment Rates
Interested parties who wish to request
Upon issuance of the final results, the
a hearing, or to participate if one is
Department will determine, and CBP
shall assess, antidumping duties on all
4 See Preliminary Decision Memorandum.
appropriate entries. The Department
5 These companies are: Aditya Birla Chemicals
intends to issue assessment instructions
(Thailand) Ltd., Anhui Technology Import & Export
Co., Ltd., Anshan Career Economic Trade Co., Ltd.,
to CBP 15 days after the date of
Blue Science Limited, Boon Stream Chemical
publication of the final results of
International Trade, Chengdu Boon Stream
review. The Department recently
Chemical Industry Co., Ltd., Dezhou Hualude
announced a refinement to its
Hardware Products Co. Ltd., Gatehouse
International Freight Ltd., Henan Sinchems Imp
assessment practice in NME cases.
and Exp Co., Ltd., Hubei Xingfa Chemical Export
Pursuant to this refinement in practice,
Import Co. Ltd., Rushan Wooyoung Trading Co.,
tkelley on DSK3SPTVN1PROD with
administrative review. For a full
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum.4
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.
Ltd., Unison Chemical Industrial Co, Ltd. and
Zhejiang Chun-an Foreign Trade Co.
6 See the Preliminary Decision Memorandum.
7 The PRC-wide entity includes Aditya Birla
Chemicals (Thailand) Ltd., Anhui Technology
Import & Export Co., Ltd., Anshan Career Economic
Trade Co., Ltd., Blue Science Limited, Boon Stream
Chemical International Trade, Chengdu Boon
Stream Chemical Industry Co., Ltd., Dezhou
Hualude Hardware Products Co. Ltd., Gatehouse
International Freight Ltd., Henan Sinchems Imp
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and Exp Co., Ltd., Hubei Xingfa Chemical Export
Import Co. Ltd., Rushan Wooyoung Trading Co.,
Ltd., Unison Chemical Industrial Co, Ltd. and
Zhejiang Chun-an Foreign Trade Co.
8 See section 351.310(c) of the Department’s
regulations.
9 See section 351.309(c)(1)(ii) of the Department’s
regulations.
10 See section 351.309(d) of the Department’s
regulations.
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for entries that were not reported by
companies examined during this
review, the Department will instruct
CBP to liquidate such entries at the
NME-wide rate. In addition, if the
Department determines that an exporter
under review had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s case number (i.e., at that
exporter’s rate) will be liquidated at the
NME-wide rate.11
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
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; (2) 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
(3) 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 section
351.402(f)(2) of the Department’s
regulations 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
section 351.221(b)(4) of the
Department’s regulations.
11 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
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Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Notices
Dated: November 29, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2012–29642 Filed 12–6–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–423–808]
Stainless Steel Plate in Coils From
Belgium: Antidumping Duty
Administrative Review, 2010–2011
Import Administration,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: On June 1, 2012, the
Department of Commerce (the
Department) published the preliminary
results of the antidumping duty order
on stainless steel plate in coils (steel
plate) from Belgium.1 This review
covers one manufacturer/exporter of the
subject merchandise: Aperam Stainless
Belgium N.V. (AS Belgium). The period
of review (POR) is May 1, 2010, through
April 30, 2011.
Based on our analysis of the
comments received, we have made
changes to the Preliminary Results. For
the final dumping weighted-average
dumping margin, see the ‘‘Final Results
of Review’’ section below.
DATES: Effective Date: December 7, 2012.
FOR FURTHER INFORMATION CONTACT:
Jolanta Lawska at 202–482–8362; Office
of AD/CVD Operations 8, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
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On June 1, 2012, the Department
published in the Federal Register the
Preliminary Results. We invited
interested parties to comment on the
Preliminary Results. On September 17,
2012, the Department received case
briefs from AS Belgium and the
petitioners.2 On September 24, 2012, the
Department received rebuttal briefs from
1 See Stainless Steel Plate in Coils From Belgium:
Notice of Preliminary Results of Antidumping Duty
Administrative Review, 77 FR 32517 (June 1, 2012)
(Preliminary Results).
2 The petitioners are Alleghany Ludlum
Corporation, North American Stainless, United
Auto Workers Local 3303, Zanesville Arco
Independent Organization, and the United Steel,
Paper and Forestry, Rubber, Manufacturing, Energy,
Allied Industrial and Service Workers International
Union (AFL–CIO/CLC).
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Jkt 229001
AS Belgium and the petitioners. No
party requested a hearing.
On July 29, 2012, the Department
issued a memorandum extending the
time period for issuing the final results
of the administrative review from
September 27, 2012, to November 28,
2012.3 As explained in the
memorandum from the Assistant
Secretary for Import Administration, the
Department has exercised its discretion
to toll deadlines for the duration of the
closure of the Federal Government from
October 29, through October 30, 2012.
Thus, all deadlines in this segment of
the proceeding have been extended by
two days. The revised deadline for the
final results of this review is now
November 30, 2012.4
On October 22, 2012, the Department
issued a post-preliminary analysis
memorandum in which addressed the
petitioners’ targeted dumping
allegations.5 On October 29, 2012, AS
Belgium submitted its case brief on the
post-preliminary analysis
memorandum. On November 2, 2012,
the petitioners submitted their rebuttal
brief to AS Belgium’s case brief.
Scope of the Order
The merchandise subject to the order
is certain stainless steel plate in coils.
The product is currently classified
under the Harmonized Tariff Schedule
of the United States (HTSUS) item
numbers 7219.11.00.30, 7219.11.00.60,
7219.12.00.02, 7219.12.00.05,
7219.12.00.06, 7219.12.00.20,
7219.12.00.21, 7219.12.00.25,
7219.12.00.26, 7219.12.00.50,
7219.12.00.51, 7219.12.00.55,
7219.12.00.56, 7219.12.00.65,
7219.12.00.66, 7219.12.00.70,
7219.12.00.71, 7219.12.00.80,
7219.12.00.81, 7219.31.00.10,
7219.90.00.10, 7219.90.00.20,
7219.90.00.25, 7219.90.00.60,
7219.90.00.80, 7220.11.00.00,
7220.20.10.10, 7220.20.10.15,
7220.20.10.60, 7220.20.10.80,
3 See
Memorandum from Eric B. Greynolds,
Program Manager, to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations titled
‘‘Antidumping Duty Administrative Review:
Stainless Steel Plate in Coils from Belgium.
Extension of Deadline for Final Results,’’ (June 29,
2012).
4 See Memorandum from Paul Piquado, Assistant
Secretary for Import Administration regarding
‘‘Tolling of Administrative Deadline as Result of the
Government Closure during Hurricane Sandy,’’
dated October 31, 2012.
5 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations to Paul Piquado,
Assistant Secretary for Import Administration,
2010/2011 Review of the Antidumping Duty Orders
on Stainless Steel Plate in Coils (Steel Plate) from
Belgium: Post-Preliminary Analysis Memorandum,
dated October 22, 2012 (Post-Preliminary Analysis).
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73013
7220.20.60.05, 7220.20.60.10,
7220.20.60.15, 7220.20.60.60,
7220.20.60.80, 7220.90.00.10,
7220.90.00.15, and 7220.90.00.60.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written product
description, available in the order,
remains dispositive.6
Analysis of Comments Received
All issues raised in the case briefs,
rebuttal briefs, and post-preliminary
comments by parties to this
administrative review are addressed in
the Issues and Decision Memorandum
for the Final Results of the
Administrative Review of Stainless
Steel Plate in Coils from Belgium from
Christian Marsh, Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant
Secretary for Import Administration
(Decision Memorandum), dated
concurrently with this notice and which
is hereby adopted by this notice.
A list of the issues which parties
raised is attached to this notice as
Appendix I. The Decision Memorandum
is a public document and is on file in
the Central Records Unit (CRU), room
7046 of the main Department of
Commerce building, as well as
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 CRU. In addition, a complete
version of the Decision Memorandum
can be accessed directly on the Internet
at https://www.trade.gov/ia/. The signed
Decision Memorandum and the
electronic versions of the Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments
received for AS Belgium, we have
recalculated AS Belgium’s weightedaverage dumping margin. AS Belgium’s
adjustments are discussed in detail in
the accompanying final calculation
memorandum.7
6 See Antidumping Duty Orders; Certain Stainless
Steel Plate in Coils From Belgium, Canada, Italy,
the Republic of Korea, South Africa, and Taiwan,
64 FR 27756 (May 21, 1999).
7 See Memorandum to the File from Jolanta
Lawska, Case Analyst entitled ‘‘Calculation
Memorandum for Aperam Stainless Belgium N.V.
(AS Belgium) for the Final Results of the 10th
Administrative Review of Stainless Steel Plate in
Coils from Belgium,’’ dated November 30, 2012.
E:\FR\FM\07DEN1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 236 (Friday, December 7, 2012)]
[Notices]
[Pages 73011-73013]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29642]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-908]
Sodium Hexametaphosphate From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review; 2011-
2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from interested parties, the
Department of Commerce (the ``Department'') is conducting the third
administrative review of the antidumping duty order on sodium
hexametaphosphate (``sodium hex'') from the People's Republic of China
(``PRC'') for the period of review (``POR'') March 1, 2011, through
February 29, 2012. The Department has preliminarily determined that
there are no reviewable entries during the POR.
DATES: Effective Date: December 7, 2012.
FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, Office
9, Import Administration, International Trade Administration,
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone 202.482.0413.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The scope of this order consists of sodium hexametaphosphate.\1\
The merchandise subject to this order is currently classifiable in the
Harmonized Tariff Schedule of the United States (``HTSUS'') statistical
reporting number 2835.39.5000. However, it may also be imported as a
blend or mixture under heading 3824.90.3900. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written product description, available in the Order remains
dispositive.\2\
---------------------------------------------------------------------------
\1\ See ``Decision Memorandum for Preliminary Results of
Antidumping Duty Administrative Review: Sodium Hexametaphosphate
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.
\2\ See Notice of Antidumping Duty Order: Sodium
Hexametaphosphate from the People's Republic of China, 73 FR 14772
(March 19, 2008) (``Order'').
---------------------------------------------------------------------------
Preliminary Finding of No Shipments
Hubei Xingfa Chemical Group Co., Ltd. (``Hubei Xingfa'') and
Sichuan Mianzhu Norwest Phosphate Co. (``Norwest'') submitted timely-
filed certifications that they had no sales of subject merchandise to
the United States during the POR.\3\ The Department also received
information from U.S. Customs and Border Protection (``CBP'')
indicating that there were no reviewable transactions from Hubei Xingfa
or Norwest during the POR. Therefore, we preliminarily determine that
Hubei Xingfa and Norwest had no reviewable transactions of subject
merchandise during the POR. Because Hubei Xingfa and Norwest submitted
timely no-shipment certifications and CBP data indicated that there
were no reviewable transactions for these companies during the POR, we
preliminarily determine that these two companies will retain their
separate rate from the previous
[[Page 73012]]
administrative review. For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum.\4\
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.
---------------------------------------------------------------------------
\3\ See Hubei Xingfa's letter dated May 4, 2012; see also
Norwest's letter dated June 29, 2012.
\4\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
PRC-Wide Entity
There are 13 other companies also under review in this segment,
none of which have a separate rate from a prior segment of this
proceeding.\5\ Because these companies have not established their
eligibility for a separate rate, the Department preliminarily
determines that they will continue to be considered part of the PRC-
wide entity.\6\
---------------------------------------------------------------------------
\5\ These companies are: Aditya Birla Chemicals (Thailand) Ltd.,
Anhui Technology Import & Export Co., Ltd., Anshan Career Economic
Trade Co., Ltd., Blue Science Limited, Boon Stream Chemical
International Trade, Chengdu Boon Stream Chemical Industry Co.,
Ltd., Dezhou Hualude Hardware Products Co. Ltd., Gatehouse
International Freight Ltd., Henan Sinchems Imp and Exp Co., Ltd.,
Hubei Xingfa Chemical Export Import Co. Ltd., Rushan Wooyoung
Trading Co., Ltd., Unison Chemical Industrial Co, Ltd. and Zhejiang
Chun-an Foreign Trade Co.
\6\ See the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margin exists:
------------------------------------------------------------------------
Weighted
average
Exporter dumping
margin
------------------------------------------------------------------------
PRC-wide Entity \7\......................................... 188.05
------------------------------------------------------------------------
Public Comment
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 in 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.\8\ 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.
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\7\ The PRC-wide entity includes Aditya Birla Chemicals
(Thailand) Ltd., Anhui Technology Import & Export Co., Ltd., Anshan
Career Economic Trade Co., Ltd., Blue Science Limited, Boon Stream
Chemical International Trade, Chengdu Boon Stream Chemical Industry
Co., Ltd., Dezhou Hualude Hardware Products Co. Ltd., Gatehouse
International Freight Ltd., Henan Sinchems Imp and Exp Co., Ltd.,
Hubei Xingfa Chemical Export Import Co. Ltd., Rushan Wooyoung
Trading Co., Ltd., Unison Chemical Industrial Co, Ltd. and Zhejiang
Chun-an Foreign Trade Co.
\8\ See section 351.310(c) of the Department's regulations.
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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.\9\ Interested parties may file rebuttal briefs,
limited to issues raised in the case briefs.\10\ 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.
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\9\ See section 351.309(c)(1)(ii) of the Department's
regulations.
\10\ See section 351.309(d) of the Department's regulations.
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Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries.
The Department intends to issue assessment instructions to CBP 15 days
after the date of publication of the final results of review. The
Department recently announced a refinement to its assessment practice
in NME cases. Pursuant to this refinement in practice, for entries that
were not reported by companies examined during this review, the
Department will instruct CBP to liquidate such entries at the NME-wide
rate. In addition, if the Department determines that an exporter under
review had no shipments of the subject merchandise, any suspended
entries that entered under that exporter's case number (i.e., at that
exporter's rate) will be liquidated at the NME-wide rate.\11\
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\11\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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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 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; (2) 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 (3) 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 section 351.402(f)(2) of the Department's
regulations 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 section 351.221(b)(4)
of the Department's regulations.
[[Page 73013]]
Dated: November 29, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-29642 Filed 12-6-12; 8:45 am]
BILLING CODE 3510-DS-P
