Polyethylene Terephthalate Film, Sheet, and Strip From the People's Republic of China: Preliminary Results of Administrative Review; 2010-2011, 73428-73430 [2012-29748]
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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]
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1 See
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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.
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[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
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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 https://
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
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 has determined that
the following preliminary dumping
margins exist:
Margin
(percent)
Exporter
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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).
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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
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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
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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.
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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).
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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
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Fmt 4703
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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
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]]>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]
-----------------------------------------------------------------------
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 https://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 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 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\
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\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).
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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\
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\9\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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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.
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\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).
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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
