Polyethylene Terephthalate Film, Sheet, and Strip From the People's Republic of China: Preliminary Results of Administrative Review; 2010-2011, 73428-73430 [2012-29748]

Download as PDF 73428 Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Notices Exporter Certification(s) Issue 4: Whether Salvi’s Value Added was Calculated Incorrectly Issue 5: Whether the Production in India is Minor or Insignificant Issue 6: Whether AICO Acted to the Best of its Ability in this Anti-Circumvention Inquiry DEPARTMENT OF COMMERCE BILLING CODE 3510–DS–P December 23, 2012. However, it is the Department’s long-standing practice to make a determination on the next business day when the statutory deadline falls on a weekend, federal holiday, or any other day when the Department is closed.3 Accordingly, the preliminary determination is currently Monday, December 24, 2012. AGENCY: DEPARTMENT OF COMMERCE Postponement of Due Date for the Preliminary Determination [FR Doc. 2012–29787 Filed 12–7–12; 8:45 am] International Trade Administration [C–570–987] Hardwood and Decorative Plywood From the People’s Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation Import Administration, International Trade Administration, Department of Commerce. FOR FURTHER INFORMATION CONTACT: David Lindgren, Lingjun Wang or Toni Page, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3870, (202) 482–2316 and (202) 482–1398, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On October 17, 2012, the Department of Commerce (the Department) initiated the countervailing duty (CVD) investigation of hardwood and decorative plywood, from the People’s Republic of China.1 Currently, the preliminary determination for this investigation is due no later than December 24, 2012. The Department originally extended the deadline for this preliminary determination from December 21, 2012 until December 23, 2012. As explained in the memorandum from the Assistant Secretary for Import Administration, the Department exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from October 29, through October 30, 2012 2 Therefore, the due date for the preliminary determination was extended to Sunday, Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), requires the Department to issue the preliminary determination in a CVD investigation within 65 days after the date on which the Department initiated the investigation. However, section 703(c)(1)(A) of the Act permits the Department to postpone making the preliminary determination until no later than 130 days after the date on which it initiated the investigation if the petitioner makes a timely request for an extension. In the instant investigation, the Coalition for Fair Trade of Hardwood Plywood and its individual members (Petitioners), made a timely request on November 28, 2012 that we postpone the preliminary CVD determination.4 The Department finds no compelling reason to deny the request. Therefore, pursuant to section 703(c)(1)(A) of the Act, we are extending the due date for the preliminary determination to no later than 130 days after the date on which this investigation was initiated, i.e., to February 24, 2013. However, as discussed above, the Department is tolling all deadlines an additional two days due to the closing of the Federal Government in late October. Thus, the new deadline for the preliminary determination in this case will be February 26, 2013. This notice is issued and published pursuant to section 703(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: December 4, 2012. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2012–29761 Filed 12–7–12; 8:45 am] mstockstill on DSK4VPTVN1PROD with 1 See VerDate Mar<15>2010 18:30 Dec 07, 2012 Jkt 229001 3 See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). 4 See Petitioners’ November 28, 2012 letter requesting postponement of the preliminary determination. PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 [A–570–924] Polyethylene Terephthalate Film, Sheet, and Strip From the People’s Republic of China: Preliminary Results of Administrative Review; 2010–2011 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 polyethylene terephthalate film, sheet, and strip (‘‘PET film’’) from the People’s Republic of China (‘‘PRC’’), covering the period November 1, 2010, through October 31, 2011. The Department has preliminarily determined that during the period of review (‘‘POR’’) respondents in this proceeding have made sales of subject merchandise at less than normal value (‘‘NV’’). DATES: Effective Date: December 10, 2012. FOR FURTHER INFORMATION CONTACT: Thomas Martin or Jonathan Hill, AD/ CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3936 and (202) 482–3518 respectively. SUPPLEMENTARY INFORMATION: Scope of Order The products covered by the order are all gauges of raw, pre-treated, or primed PET film, whether extruded or coextruded.1 PET film is classifiable under subheading 3920.62.00.90 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of the order is dispositive. Methodology BILLING CODE 3510–DS–P Hardwood and Decorative Plywood From the People’s Republic of China: Initiation of Countervailing Duty Investigation, 77 FR 64955 (October 24, 2012). 2 See Memorandum to the Record from Paul Piquado, Assistant Secretary for Import Administration, regarding ‘‘Tolling of Administrative Deadlines as a Result of the Government Closure During Hurricane Sandy,’’ dated October 31, 2012. International Trade Administration The Department has conducted this review in accordance with section 1 See Memorandum from Gary Taverman, Senior Advisor for Antidumping and Countervailing Duty Operations to Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration ‘‘Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Polyethylene Terephthalate Film, Sheet, and Strip from the People’s Republic of China,’’ dated December 3, 2012 (‘‘Preliminary Decision Memorandum’’) for a full description of the Scope of the Order. E:\FR\FM\10DEN1.SGM 10DEN1 Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Notices 751(a)(1)(A) of the Tariff Act of 1930, as amended (the ‘‘Act’’). Export prices and constructed export prices were 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, NV has been calculated in accordance with section 773(c) of the Act. Specifically, the respondents’ factors of production have been valued in Indonesian 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 the Preliminary Decision Memorandum, 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, 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 has determined that the following preliminary dumping margins exist: Margin (percent) Exporter mstockstill on DSK4VPTVN1PROD with DuPont Teijin China Limited ....... Shaoxing Xiangyu Green Packing Co., Ltd ............................. Fuwei Films (Shandong) Co., Ltd Tianjin Wanhua Co., Ltd. Sichuan ................................... Dongfang Insulating Material Co., Ltd ................................... 2.95 0.00 2.95 2.95 2.95 Disclosure and Public Comment The Department will disclose calculations performed for these preliminary results to the parties within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Interested parties may submit written comments no later than 30 days after the date of publication of these preliminary results of review.2 Rebuttals to written comments may be 2 See 19 CFR 351.309(c). VerDate Mar<15>2010 18:30 Dec 07, 2012 Jkt 229001 filed no later than five days after the written comments are filed.3 Any interested party may request a hearing within 30 days of publication of this notice.4 Hearing requests should contain the following information: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Oral presentations will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.5 The Department intends to issue the final results of this administrative review, which will include the results of its analysis of issues raised in any such comments, within 120 days of publication of these preliminary results, pursuant to section 751(a)(3)(A) of the Act. Deadline for Submission of Publicly Available Surrogate Value Information In accordance with 19 CFR 351.301(c)(3)(ii), the deadline for submission of publicly available information to value factors of production under 19 CFR 351.408(c) is 20 days after the date of publication of the preliminary results. In accordance with 19 CFR 351.301(c)(1), if an interested party submits factual information less than ten days before, on, or after (if the Department has extended the deadline) the applicable deadline for submission of such factual information, an interested party may submit factual information to rebut, clarify, or correct the factual information no later than ten days after such factual information is served on the interested party. However, the Department generally will not accept in the rebuttal submission additional or alternative surrogate value information not previously on the record, if the deadline for submission of surrogate value information has passed.6 Furthermore, the Department generally will not accept business proprietary information in either the surrogate value submissions or the rebuttals thereto, as the regulation regarding the submission of surrogate values allows only for the 3 See 19 CFR 351.309(d). 19 CFR 351.310(c). 5 See 19 CFR 351.310(d). 6 See, e.g., Glycine from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review and Final Rescission, in Part, 72 FR 58809 (October 17, 2007), and accompanying Issues and Decision Memorandum at Comment 2. 4 See PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 73429 submission of publicly available information.7 Assessment Rates Upon issuing the final results of the review, the Department shall determine, and U.S. Customs and Border Protection (‘‘CBP’’) shall assess, antidumping duties on all appropriate entries. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of review. For any individually examined 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).8 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 weightedaverage dumping margin is zero or de minimis, or an importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. The Department recently announced a refinement to its assessment practice in NME cases. Pursuant to this refinement in practice, for entries that were not reported in the U.S. sales databases submitted by companies individually examined during this review, the Department will instruct CBP to liquidate such entries at the PRC-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 PRC-wide rate.9 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. 7 See 19 CFR 351.301(c)(3). these preliminary results, the Department applied the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012). 9 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). 8 In E:\FR\FM\10DEN1.SGM 10DEN1 73430 Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Notices 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 section 751(a)(2)(C) of the Act: (1) For the DuPont Group, Green Packing, Dongfang, Fuwei Films, and Wanhua, which have separate rates, the cash deposit rate will be that established in the final results of this review (except, if the rate is zero or de minimis, 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 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 the PRC-wide rate of 76.72 percent; 10 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 nonPRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. This administrative review and notice are in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213. Dated: December 3, 2012. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. mstockstill on DSK4VPTVN1PROD with Appendix I List of Topics Discussed in the Preliminary Decision Memorandum 1. Separate Rates 2. Rate for Non-Selected Companies 10 See Polyethylene Terephthalate Film, Sheet, and Strip from the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, 73 FR 55039, 55041 (September 24, 2008). VerDate Mar<15>2010 18:30 Dec 07, 2012 Jkt 229001 3. Non-Market Economy Country Status 4. Surrogate Country 5. Date of Sale 6. Fair Value Comparisons 7. U.S. Price 8. Normal Value 9. Targeted Dumping 10. Factor Valuations 11. Currency Conversion [FR Doc. 2012–29748 Filed 12–7–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–552–813] Steel Wire Garment Hangers From the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Critical Circumstances Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) has preliminarily determined that critical circumstances exist with respect to imports of steel wire garment hangers from the Socialist Republic of Vietnam (Vietnam) with the exception of imports from the Hamico Companies.1 DATES: Effective Date: December 10, 2012. AGENCY: FOR FURTHER INFORMATION CONTACT: Robert Copyak, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, Room CC114, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: 202–482–2209. SUPPLEMENTARY INFORMATION: Case History On December 29, 2011, the Department received a countervailing duty (CVD) petition concerning imports of garment hangers from Vietnam filed in proper form by M&B Metal Products Company, Inc., Innovative Fabrication LLC/Indy Hanger, and US Hanger Company, LLC (collectively, Petitioners).2 This investigation was initiated on January 18, 2012.3 The 1 The Hamico Companies are the South East Asia Hamico Export Joint Stock Company, Nam A Hamico Export Joint Stock Company, and Linh Sa Hamico Company Limited. 2 See Petition for the Imposition of Countervailing Duties (Petition). A public version of the Petition and all other public documents and public versions for this investigation are available on the public file in the Central Records Unit (CRU), Room 7046 of the main Department of Commerce building. 3 See Steel Wire Garment Hangers From the Socialist Republic of Vietnam: Initiation of Countervailing Duty Investigation, 77 FR 3737 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 affirmative preliminary determination was published on June 4, 2012.4 On July 10, 2012, Petitioners alleged that critical circumstances exist with respect to imports of steel wire garment hangers from Vietnam and submitted U.S. Census Data in support of their allegation.5 On July 23, 2012, the Department requested from the two mandatory respondents—the Hamico Companies and the Infinite Companies 6—monthly shipment data of subject merchandise to the United States for the period August 2011 through May 2012. On July 31, 2011, the Hamico Companies submitted to the Department their monthly shipment data of subject merchandise to the United States for the period August 2011 through May 2012.7 At verification, the Department officials confirmed the accuracy of the Hamico Companies’ shipment data.8 The Infinite Companies did not submit their monthly shipment data of subject merchandise to the United States for the period August 2011 through May 2012. On August 3, 2012, the Infinite Companies withdrew from the investigation.9 Period of Investigation The period for which we are measuring subsidies, or the period of investigation (POI), is calendar year 2011. Scope of Investigation The merchandise subject to the investigation is steel wire garment hangers, fabricated from carbon steel wire, whether or not galvanized or painted, whether or not coated with latex or epoxy or similar gripping (January 25, 2011), and accompanying Initiation Checklist. 4 See Certain Steel Wire Garment Hangers from the Socialist Republic of Vietnam: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Countervailing Duty Determination with Final Antidumping Duty Determination, 77 FR 32930 (June 4, 2012) (Preliminary Determination). 5 See Petitioners’ Critical Circumstances Allegation (July 10, 2012), at Attachment 1. 6 The Infinite Companies are Infinite Industrial Hanger Limited and Supreme Hanger Company Limited. 7 See the Hamico Companies’ critical circumstances questionnaire response (July 31, 2012). 8 See the Department’s September 24, 2012, verification report titled ‘‘Verification of South East Asia Hamico Export Joint Stock Company (SEA Hamico), Nam A Hamico Export Joint Stock Company (Nam A Hamico) and Linh Sa Hamico Company Limited (Linh Sa Hamico) (collectively SEA Hamico)’’ at 5 (filed on IA ACCESS on September 26, 2012). 9 See the Infinite Companies’ August 3, 2012 letter titled ‘‘Steel Wire Garment Hangers from the Socialist Republic of Vietnam: Withdrawal from Investigation.’’ E:\FR\FM\10DEN1.SGM 10DEN1

Agencies

[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Notices]
[Pages 73428-73430]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29748]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-924]


Polyethylene Terephthalate Film, Sheet, and Strip From the 
People's Republic of China: Preliminary Results of 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 (the ''Department'') is conducting the third 
administrative review of the antidumping duty order on polyethylene 
terephthalate film, sheet, and strip (``PET film'') from the People's 
Republic of China (``PRC''), covering the period November 1, 2010, 
through October 31, 2011. The Department has preliminarily determined 
that during the period of review (``POR'') respondents in this 
proceeding have made sales of subject merchandise at less than normal 
value (``NV'').

DATES: Effective Date: December 10, 2012.

FOR FURTHER INFORMATION CONTACT: Thomas Martin or Jonathan Hill, AD/CVD 
Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3936 and (202) 482-3518 respectively.

SUPPLEMENTARY INFORMATION:

Scope of Order

    The products covered by the order are all gauges of raw, pre-
treated, or primed PET film, whether extruded or co-extruded.\1\ PET 
film is classifiable under subheading 3920.62.00.90 of the Harmonized 
Tariff Schedule of the United States (``HTSUS''). Although the HTSUS 
subheadings are provided for convenience and customs purposes, our 
written description of the scope of the order is dispositive.
---------------------------------------------------------------------------

    \1\ See Memorandum from Gary Taverman, Senior Advisor for 
Antidumping and Countervailing Duty Operations to Ronald K. 
Lorentzen, Acting Assistant Secretary for Import Administration 
``Decision Memorandum for Preliminary Results of Antidumping Duty 
Administrative Review: Polyethylene Terephthalate Film, Sheet, and 
Strip from the People's Republic of China,'' dated December 3, 2012 
(``Preliminary Decision Memorandum'') for a full description of the 
Scope of the Order.
---------------------------------------------------------------------------

Methodology

    The Department has conducted this review in accordance with section

[[Page 73429]]

751(a)(1)(A) of the Tariff Act of 1930, as amended (the ``Act''). 
Export prices and constructed export prices were 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, NV has been 
calculated in accordance with section 773(c) of the Act. Specifically, 
the respondents' factors of production have been valued in Indonesian 
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 the Preliminary Decision Memorandum, 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, 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 has determined that the following preliminary 
dumping margins exist:

------------------------------------------------------------------------
                                                                Margin
                          Exporter                             (percent)
------------------------------------------------------------------------
DuPont Teijin China Limited.................................        2.95
Shaoxing Xiangyu Green Packing Co., Ltd.....................        0.00
Fuwei Films (Shandong) Co., Ltd.............................        2.95
Tianjin Wanhua Co., Ltd. Sichuan............................        2.95
Dongfang Insulating Material Co., Ltd.......................        2.95
------------------------------------------------------------------------

Disclosure and Public Comment

    The Department will disclose calculations performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Interested parties may submit written comments no later than 30 days 
after the date of publication of these preliminary results of 
review.\2\ Rebuttals to written comments may be filed no later than 
five days after the written comments are filed.\3\
---------------------------------------------------------------------------

    \2\ See 19 CFR 351.309(c).
    \3\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------

    Any interested party may request a hearing within 30 days of 
publication of this notice.\4\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs. If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.\5\
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.310(c).
    \5\  See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    The Department intends to issue the final results of this 
administrative review, which will include the results of its analysis 
of issues raised in any such comments, within 120 days of publication 
of these preliminary results, pursuant to section 751(a)(3)(A) of the 
Act.

Deadline for Submission of Publicly Available Surrogate Value 
Information

    In accordance with 19 CFR 351.301(c)(3)(ii), the deadline for 
submission of publicly available information to value factors of 
production under 19 CFR 351.408(c) is 20 days after the date of 
publication of the preliminary results. In accordance with 19 CFR 
351.301(c)(1), if an interested party submits factual information less 
than ten days before, on, or after (if the Department has extended the 
deadline) the applicable deadline for submission of such factual 
information, an interested party may submit factual information to 
rebut, clarify, or correct the factual information no later than ten 
days after such factual information is served on the interested party. 
However, the Department generally will not accept in the rebuttal 
submission additional or alternative surrogate value information not 
previously on the record, if the deadline for submission of surrogate 
value information has passed.\6\ Furthermore, the Department generally 
will not accept business proprietary information in either the 
surrogate value submissions or the rebuttals thereto, as the regulation 
regarding the submission of surrogate values allows only for the 
submission of publicly available information.\7\
---------------------------------------------------------------------------

    \6\ See, e.g., Glycine from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review and Final 
Rescission, in Part, 72 FR 58809 (October 17, 2007), and 
accompanying Issues and Decision Memorandum at Comment 2.
    \7\ See 19 CFR 351.301(c)(3).
---------------------------------------------------------------------------

Assessment Rates

    Upon issuing the final results of the review, the Department shall 
determine, and U.S. Customs and Border Protection (``CBP'') shall 
assess, antidumping duties on all appropriate entries. The Department 
intends to issue assessment instructions to CBP 15 days after the date 
of publication of the final results of review. For any individually 
examined 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).\8\
---------------------------------------------------------------------------

    \8\ In these preliminary results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------

    We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review when the importer-specific 
assessment rate calculated in the final results of this review is above 
de minimis. Where either the respondent's weighted-average dumping 
margin is zero or de minimis, or an importer-specific assessment rate 
is zero or de minimis, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties. The 
Department recently announced a refinement to its assessment practice 
in NME cases. Pursuant to this refinement in practice, for entries that 
were not reported in the U.S. sales databases submitted by companies 
individually examined during this review, the Department will instruct 
CBP to liquidate such entries at the PRC-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 PRC-wide rate.\9\
---------------------------------------------------------------------------

    \9\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

    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.

[[Page 73430]]

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 section 751(a)(2)(C) of the Act: (1) For the DuPont Group, 
Green Packing, Dongfang, Fuwei Films, and Wanhua, which have separate 
rates, the cash deposit rate will be that established in the final 
results of this review (except, if the rate is zero or de minimis, 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 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 the PRC-wide 
rate of 76.72 percent; \10\ 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.
---------------------------------------------------------------------------

    \10\ See Polyethylene Terephthalate Film, Sheet, and Strip from 
the People's Republic of China: Final Determination of Sales at Less 
Than Fair Value, 73 FR 55039, 55041 (September 24, 2008).
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This administrative review and notice are in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213.

    Dated: December 3, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

    1. Separate Rates
    2. Rate for Non-Selected Companies
    3. Non-Market Economy Country Status
    4. Surrogate Country
    5. Date of Sale
    6. Fair Value Comparisons
    7. U.S. Price
    8. Normal Value
    9. Targeted Dumping
    10. Factor Valuations
    11. Currency Conversion

[FR Doc. 2012-29748 Filed 12-7-12; 8:45 am]
BILLING CODE 3510-DS-P