Hand Trucks and Certain Parts Thereof From the People's Republic of China: Preliminary Results of the 2010-2011 Antidumping Duty Administrative Review, 1835-1837 [2013-00269]
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Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices
iaaccess.trade.gov and in the Central
Records Unit, room 7046 of the main
Department of Commerce building. An
electronically filed document must be
received successfully in its entirety by
the Department’s electronic records
system, IA ACCESS, by 5:00 p.m.
Eastern Standard Time, within 30 days
after the date of publication of this
notice.9 Requests should contain: (1)
The party’s name, address and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case briefs. The Department
intends to issue the final results of this
administrative review, including the
results of its analysis of the issues raised
in any written briefs, not later than 120
days after the date of publication of this
notice, pursuant to section 751(a)(3)(A)
of the Act.
srobinson on DSK4SPTVN1PROD with
Assessment Rates
Upon issuance of the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review. The Department intends to issue
assessment instructions to CBP 15 days
after the publication date of the final
results of this review. Additionally,
pursuant to a recently announced
refinement to its assessment practice in
NME cases, if the Department continues
to determine 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. For
a full discussion of this practice, see
Non-Market Economy Antidumping
Proceedings: Assessment of
Antidumping Duties, 76 FR 65694
(October 24, 2011).
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) For TMI,
which claimed no shipments, the cash
deposit rate will remain unchanged
from the rate assigned to TMI in the
most recently completed review of the
company; (2) for previously investigated
or reviewed PRC and non-PRC exporters
who are not under review in this
segment of the proceeding but who have
separate rates, the cash deposit rate will
9 See
19 CFR 351.310(c).
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16:39 Jan 08, 2013
Jkt 229001
continue to be the exporter-specific rate
published for the most recent period; (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 141.49 percent; and (4) for all nonPRC exporters of subject merchandise
which have not received their own rate,
the cash deposit rate will be the rate
applicable to the PRC exporter(s) that
supplied that non-PRC exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
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 14, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2013–00270 Filed 1–8–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–891]
Hand Trucks and Certain Parts Thereof
From the People’s Republic of China:
Preliminary Results of the 2010–2011
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: January 9, 2013.
SUMMARY: The Department of Commerce
(the Department) is currently
conducting an administrative review of
the antidumping duty order on hand
trucks and certain parts thereof (hand
trucks) from the People’s Republic of
China (PRC) covering the period of
review (POR) of December 1, 2010,
through November 30, 2011. We
preliminarily determine that sales made
by New-Tec Integration (Xiamen) Co.,
AGENCY:
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
1835
Ltd. (New-Tec) were below normal
value (NV). In addition, we are not
rescinding this review with respect to
WelCom Products, Inc. (WelCom),
Yangjiang Shunhe Industrial Co., Ltd.
and Yangjiang Shunhe Industrial &
Trade Co., Ltd. (collectively, Shunhe),
and Yuhuan Tongsheng Industry
Company (Tongsheng) at this time (see
‘‘Intent Not to Rescind in Part,’’ infra).
We invite interested parties to comment
on these preliminary results.
FOR FURTHER INFORMATION CONTACT:
Scott Hoefke, or Robert James, AD/CVD
Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–4947 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order
consists of hand trucks manufactured
from any material, whether assembled
or unassembled, complete or
incomplete, suitable for any use, and
certain parts thereof, namely the vertical
frame, the handling area and the
projecting edges or toe plate, and any
combination thereof. They are typically
imported under heading 8716.80.50.10
of the Harmonized Tariff Schedule of
the United States (HTSUS), although
they may also be imported under
heading 8716.80.50.90. and
8716.90.50.60. Although the HTSUS
subheadings are provided for
convenience and customs purposes
only, the written product description,
available in Notice of Antidumping Duty
Order: Hand Trucks and Certain Parts
Thereof From the People’s Republic of
China, 69 FR 70122 (December 2, 2004),
remains dispositive.
Intent Not To Rescind Review in Part
For those companies named in the
Initiation Notice 1 for which all review
requests have been withdrawn, but
which have not previously received
separate rate status, the Department’s
practice is to refrain from rescinding the
review with respect to these companies
at this time. Both Tongsheng and
WelCom timely withdrew their requests
for review. While the requests for
review were timely withdrawn, the
companies remain part of the PRC-wide
entity. Additionally, we preliminarily
find that Shunhe has no reviewable
entries at this time. Although the PRC1 See Initiation of Antidumping Duty and
Countervailing Duty Administrative Reviews and
Requests for Revocation in Part, 77 FR 4759
(January 24, 2012) (Initiation Notice).
E:\FR\FM\09JAN1.SGM
09JAN1
1836
Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices
wide entity is not under review for these
preliminary results, the possibility
exists that the PRC-wide entity could be
under review for the final results of this
administrative review. Therefore, we are
not rescinding this review with respect
to Tongsheng, WelCom, and Shunhe at
this time. We intend to rescind this
review with respect to Tongsheng and
Welcom companies in the final results
if the PRC-wide entity is not reviewed
and with respect to Shunhe if it is
unable to demonstrate that it has
reviewable entries.
Methodology
srobinson on DSK4SPTVN1PROD with
The Department has conducted this
review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act). Export Price is
calculated in accordance with section
772 of the Act. Because the PRC is a
non-market economy within the
meaning of section 771(18) of the Act,
normal value has been calculated in
accordance with section 773(c) of the
Act. Specifically, the respondent’s
factors of production have been valued
using Thailand prices (when available);
Thailand is economically comparable to
the PRC and a significant producer of
comparable merchandise. For a full
description of these surrogate values
and the methodology underlying our
conclusions, please see memorandum
entitled ‘‘Hand Trucks and Certain Parts
Thereof from the People’s Republic of
China: Surrogate-Value Memorandum’’
dated concurrently with this notice, and
the Preliminary Decision Memorandum,
the latter of which is adopted hereby.
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 and
electronic versions of the Preliminary
Decision Memorandum are identical in
content.
Preliminary Results of the Review
The Department has determined that
the following preliminary dumping
margins exist for the period December 1,
2010, through November 30, 2011:
VerDate Mar<15>2010
16:39 Jan 08, 2013
Jkt 229001
Manufacturer/exporter
Weightedaverage margin (percent)
New-Tec Integration
(Xiamen) Co., Ltd. .............
9.84
Disclosure and Public Comment
The Department will disclose to
parties to this proceeding the
calculations performed in reaching the
preliminary results within five days of
the date of publication of these
preliminary results. See 19 CFR
351.224(b). Interested parties may
submit written comments no later than
30 days of publication of the
preliminary results. Rebuttals to written
comments may be filed no later than
five days after the written comments are
filed.2
Any interested party may request a
hearing within 30 days of publication of
this notice. 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 case
briefs. If a request for a hearing is made,
parties will be notified of the date and
time for the hearing to be held at the
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.3
The Department will issue the final
results of this administrative review,
including the results of our analysis of
the issues raised in any such comments,
within 120 days after the 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 FOPs under 19
CFR 351.408(c) is 20 days after the date
of publication of these 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
2 See
3 See
PO 00000
19 CFR 351.309(c) and (d).
19 CFR 351.310(c).
Frm 00013
Fmt 4703
Sfmt 4703
additional or alternative surrogate value
information not previously on the
record, if the deadline for submission of
surrogate value information has passed.4
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.5
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).6
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
4 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.
5 See 19 CFR 351.301(c)(3).
6 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).
E:\FR\FM\09JAN1.SGM
09JAN1
Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices
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.7
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.
Cash Deposit Requirements
The following cash deposit
requirements, when imposed, will apply
to all shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for New-Tec, which
has a separate rate, will be that
established in the final results of this
review (except, if the rate is zero or de
minimis, then zero cash deposit will be
required); (2) for any previously
reviewed or investigated PRC and nonPRC exporter not listed above that
received a separate rate in a previous
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate; (3) for all
PRC exporters that have not been found
to be entitled to a separate rate, the cash
deposit rate will be that for the PRCwide entity (i.e., 383.60 percent); 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 the non-PRC
exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
srobinson on DSK4SPTVN1PROD with
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)(1) of the Act and 19
CFR 351.213.
7 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
VerDate Mar<15>2010
16:39 Jan 08, 2013
Jkt 229001
Dated: January 2, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Background
2. Scope of the Order
3. Intent Not To Rescind Review in Part
4. Non-Market-Economy Country Status
5. Separate Rates Determination
6. Absence of de Jure Control
7. Absence of de Facto Control
8. Surrogate Country
9. Fair Value Comparisons
10. U.S. Price
11. Normal Value
12. Factors Valuation
13. Currency Conversion
[FR Doc. 2013–00269 Filed 1–8–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 84–23A12]
Export Trade Certificate of Review
Notice of issuance of an Export
Trade Certificate of Review to
Northwest Fruit Exporters, Application
No. 84–23A12.
ACTION:
The U.S. Department of
Commerce issued an amended Export
Trade Certificate of Review to
Northwest Fruit Exporters on December
21, 2012. The Certificate has been
amended twenty three times. The
previous amendment was issued on
August 12, 2011 (76 FR 55010, Sept. 6,
2011). The original Certificate was
issued on June 11, 1984 (49 FR 24581,
June 14, 1984).
FOR FURTHER INFORMATION CONTACT:
Joseph E. Flynn, Director, Office of
Competition and Economic Analysis,
International Trade Administration, by
telephone at (202) 482–5131 (this is not
a toll-free number) or email at
etca@trade.gov.
SUMMARY:
Title III of
the Export Trading Company Act of
1982 (15 U.S.C. 4001–21) authorizes the
Secretary of Commerce to issue Export
Trade Certificates of Review. The
regulations implementing Title III are
found at 15 CFR Part 325 (2010). The
U.S. Department of Commerce,
International Trade Administration,
Office of Competition and Economic
Analysis (‘‘OCEA’’) is issuing this notice
pursuant to 15 CFR 325.6(b), which
requires the Secretary of Commerce to
publish a summary of the issuance in
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
1837
the Federal Register. Under Section
305(a) of the Export Trading Company
Act (15 U.S.C. 4012(b)(1)) and 15 CFR
325.11(a), any person aggrieved by the
Secretary’s determination may, within
30 days of the date of this notice, bring
an action in any appropriate district
court of the United States to set aside
the determination on the ground that
the determination is erroneous.
Description of Certified Conduct
NWF’s Export Trade Certificate of
Review has been amended to:
1. Add the following companies as a
new Members of the Certificate
within the meaning of section
325.2(l) of the Regulations (15 CFR
325.2(l)): Jenks Bros Cold Storage &
Packing (Royal City, WA),
HoneyBear Growers, Inc (Brewster,
WA), and Crown Packing, LLC
(Wenatchee, WA); and
2. Remove the following companies as
a Member of NWF’s Certificate: J &
D Packing, LLC (Outlook, WA),
Oregon Cherry Growers (Salem,
OR), and Prentice Packing & Storage
(Yakima, WA); and
3. Change the name of the following
member: Conrad & Adams Fruit
LLC is now Conrad & Adams Fruit
L.L.C. (Grandview, WA).
The effective date of the amended
certificate is October 3, 2012, the date
on which NWF’s application to amend
was deemed submitted. A copy of the
amended certificate will be kept in the
International Trade Administration’s
Freedom of Information Records
Inspection Facility, Room 4001, U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230.
Dated: January 3, 2013.
Joseph E. Flynn,
Office Director, Office of Competition and
Economic Analysis.
[FR Doc. 2013–00187 Filed 1–8–13; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC402
Nominations for the Western and
Central Pacific Fisheries Commission
Advisory Committee
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Request for nominations.
AGENCY:
E:\FR\FM\09JAN1.SGM
09JAN1
]]>Agencies
[Federal Register Volume 78, Number 6 (Wednesday, January 9, 2013)]
[Notices]
[Pages 1835-1837]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00269]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-891]
Hand Trucks and Certain Parts Thereof From the People's Republic
of China: Preliminary Results of the 2010-2011 Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: January 9, 2013.
SUMMARY: The Department of Commerce (the Department) is currently
conducting an administrative review of the antidumping duty order on
hand trucks and certain parts thereof (hand trucks) from the People's
Republic of China (PRC) covering the period of review (POR) of December
1, 2010, through November 30, 2011. We preliminarily determine that
sales made by New-Tec Integration (Xiamen) Co., Ltd. (New-Tec) were
below normal value (NV). In addition, we are not rescinding this review
with respect to WelCom Products, Inc. (WelCom), Yangjiang Shunhe
Industrial Co., Ltd. and Yangjiang Shunhe Industrial & Trade Co., Ltd.
(collectively, Shunhe), and Yuhuan Tongsheng Industry Company
(Tongsheng) at this time (see ``Intent Not to Rescind in Part,''
infra). We invite interested parties to comment on these preliminary
results.
FOR FURTHER INFORMATION CONTACT: Scott Hoefke, or Robert James, AD/CVD
Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4947 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order consists of hand trucks
manufactured from any material, whether assembled or unassembled,
complete or incomplete, suitable for any use, and certain parts
thereof, namely the vertical frame, the handling area and the
projecting edges or toe plate, and any combination thereof. They are
typically imported under heading 8716.80.50.10 of the Harmonized Tariff
Schedule of the United States (HTSUS), although they may also be
imported under heading 8716.80.50.90. and 8716.90.50.60. Although the
HTSUS subheadings are provided for convenience and customs purposes
only, the written product description, available in Notice of
Antidumping Duty Order: Hand Trucks and Certain Parts Thereof From the
People's Republic of China, 69 FR 70122 (December 2, 2004), remains
dispositive.
Intent Not To Rescind Review in Part
For those companies named in the Initiation Notice \1\ for which
all review requests have been withdrawn, but which have not previously
received separate rate status, the Department's practice is to refrain
from rescinding the review with respect to these companies at this
time. Both Tongsheng and WelCom timely withdrew their requests for
review. While the requests for review were timely withdrawn, the
companies remain part of the PRC-wide entity. Additionally, we
preliminarily find that Shunhe has no reviewable entries at this time.
Although the PRC-
[[Page 1836]]
wide entity is not under review for these preliminary results, the
possibility exists that the PRC-wide entity could be under review for
the final results of this administrative review. Therefore, we are not
rescinding this review with respect to Tongsheng, WelCom, and Shunhe at
this time. We intend to rescind this review with respect to Tongsheng
and Welcom companies in the final results if the PRC-wide entity is not
reviewed and with respect to Shunhe if it is unable to demonstrate that
it has reviewable entries.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping Duty and Countervailing Duty
Administrative Reviews and Requests for Revocation in Part, 77 FR
4759 (January 24, 2012) (Initiation Notice).
---------------------------------------------------------------------------
Methodology
The Department has conducted this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). Export
Price is calculated in accordance with section 772 of the Act. Because
the PRC is a non-market economy within the meaning of section 771(18)
of the Act, normal value has been calculated in accordance with section
773(c) of the Act. Specifically, the respondent's factors of production
have been valued using Thailand prices (when available); Thailand is
economically comparable to the PRC and a significant producer of
comparable merchandise. For a full description of these surrogate
values and the methodology underlying our conclusions, please see
memorandum entitled ``Hand Trucks and Certain Parts Thereof from the
People's Republic of China: Surrogate-Value Memorandum'' dated
concurrently with this notice, and the Preliminary Decision Memorandum,
the latter of which is adopted hereby. 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 and electronic versions of the Preliminary Decision Memorandum
are identical in content.
Preliminary Results of the Review
The Department has determined that the following preliminary
dumping margins exist for the period December 1, 2010, through November
30, 2011:
------------------------------------------------------------------------
Weighted-
Manufacturer/exporter average margin
(percent)
------------------------------------------------------------------------
New-Tec Integration (Xiamen) Co., Ltd................... 9.84
------------------------------------------------------------------------
Disclosure and Public Comment
The Department will disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of these preliminary results. See 19
CFR 351.224(b). Interested parties may submit written comments no later
than 30 days of publication of the preliminary results. Rebuttals to
written comments may be filed no later than five days after the written
comments are filed.\2\
---------------------------------------------------------------------------
\2\ See 19 CFR 351.309(c) and (d).
---------------------------------------------------------------------------
Any interested party may request a hearing within 30 days of
publication of this notice. 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 case briefs. If a request for a hearing is made, parties will be
notified of the date and time for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230.\3\
---------------------------------------------------------------------------
\3\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
The Department will issue the final results of this administrative
review, including the results of our analysis of the issues raised in
any such comments, within 120 days after the 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 FOPs under 19 CFR
351.408(c) is 20 days after the date of publication of these
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.\4\ 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.\5\
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\4\ 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.
\5\ See 19 CFR 351.301(c)(3).
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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).\6\
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\6\ 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
[[Page 1837]]
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.\7\
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\7\ 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.
Cash Deposit Requirements
The following cash deposit requirements, when imposed, will apply
to all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication of the final
results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for New-Tec, which
has a separate rate, will be that established in the final results of
this review (except, if the rate is zero or de minimis, then zero cash
deposit will be required); (2) for any previously reviewed or
investigated PRC and non-PRC exporter not listed above that received a
separate rate in a previous segment of this proceeding, the cash
deposit rate will continue to be the existing exporter-specific rate;
(3) for all PRC exporters that have not been found to be entitled to a
separate rate, the cash deposit rate will be that for the PRC-wide
entity (i.e., 383.60 percent); 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 the non-PRC exporter. These cash 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)(1) of the Act and 19 CFR 351.213.
Dated: January 2, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
1. Background
2. Scope of the Order
3. Intent Not To Rescind Review in Part
4. Non-Market-Economy Country Status
5. Separate Rates Determination
6. Absence of de Jure Control
7. Absence of de Facto Control
8. Surrogate Country
9. Fair Value Comparisons
10. U.S. Price
11. Normal Value
12. Factors Valuation
13. Currency Conversion
[FR Doc. 2013-00269 Filed 1-8-13; 8:45 am]
BILLING CODE 3510-DS-P
