Brass Sheet and Strip From Japan: Rescission of Antidumping Duty Administrative Review; 2011-2012, 9669-9670 [2013-03080]

Download as PDF Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Notices period July 1, 2010, through June 30, 2011. Manufacturer/exporter WeightedAverage dumping margin (percent) transaction. For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). erowe on DSK2VPTVN1PROD with NOTICES Cash Deposit Requirements The following deposit requirements will be effective for all shipments of Shinkong Synthetic Fibers Corporation/Shinkong Materials PET Film from Taiwan entered, or Technology Co. Ltd ................. 0.75 withdrawn from warehouse, for Nan Ya Plastics Corporation, Ltd 8.99 consumption on or after the date of publication of the final results of this Assessment Rates administrative review, as provided for by section 751(a)(2)(C) of the Tariff Act The Department shall determine, and of 1930, as amended (Act): (1) The cash U.S. Customs and Border Protection deposit rate for company under review (CBP) shall assess, antidumping duties will be the rate established in the final on all appropriate entries. The Department intends to issue assessment results of this review (except, if the rate is zero or below de minimis, i.e., 0.5 instructions to CBP 15 days after the date of publication of the final results of percent, no cash deposit will be required); (2) for previously reviewed or review. investigated companies not listed above, For any individually examined the cash deposit rate will continue to be respondents whose weighted-average the company-specific rate published for dumping margin is above de minimis (i.e., 0.5 percent) in the final results, we the most recent period; (3) if the exporter is not a firm covered in this will calculate importer-specific ad valorem duty assessment rates based on review, a prior review, or the less-thanthe ratio of the total amount of dumping fair-value investigation, but the calculated for the importer’s examined manufacturer is, the cash deposit rate sales to the total entered value of those will be the rate established for the most sales in accordance with 19 CFR recent period for the manufacturer of 351.212(b)(1).7 We will instruct CBP to the merchandise; and, (4) if neither the assess antidumping duties on all exporter nor the manufacturer is a firm appropriate entries covered by this covered in this or any previous review, review when the importer-specific the cash deposit rate will be the all assessment rate calculated in the final others rate for this proceeding, 2.40 results of this review is above de percent. These deposit requirements, minimis. Where either the respondent’s when imposed, shall remain in effect weighted average dumping margin is until further notice. zero or below de minimis or an Notification Regarding Administrative importer-specific assessment rate is zero Protective Orders or de minimis, we will instruct CBP to This notice is the only reminder to liquidate the appropriate entries parties subject to the administrative without regard to antidumping duties.8 protective order (APO) of their The Department clarified its responsibility concerning the return or ‘‘automatic assessment’’ regulation on destruction of proprietary information May 6, 2003. This clarification will disclosed under the APO in accordance apply to entries of subject merchandise with 19 CFR 351.305(a)(3). Timely during the POR produced by each respondent for which they did not know written notification of the return or that their merchandise was destined for destruction of APO materials or the United States. In such instances, we conversion to judicial protective order is hereby requested. Failure to comply will instruct CBP to liquidate unreviewed entries at the all-others rate with the regulations and the terms of an APO is a sanctionable violation. if there is no rate for the intermediate company(ies) involved in the Notification to Importers 7 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012) (Final Modification for Reviews). In the Preliminary Results, the Department applied the assessment rate calculation method adopted in Final Modification for Reviews, i.e. on the basis of monthly average-to-average comparisons using only the transactions associated with that importer with offsets being provided for non-dumped comparisons. 8 See 19 CFR 351.106(c)(1). VerDate Mar<15>2010 14:26 Feb 08, 2013 Jkt 229001 This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties occurred and the PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 9669 subsequent assessment of doubled antidumping duties. We are issuing and publishing these final results and this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: February 4, 2013. Paul Piquado, Assistant Secretary for Import Administration. Appendix List of Comments Comment 1: Whether to Apply an Alternative Comparison Method to Nan Ya and Shinkong Comment 2: Whether the Department Should Modify the Calculations of Certain Adjustments for Shinkong Comment 3: Whether the Department Should Use Nan Ya’s Revised U.S. Sales Database Comment 4: Whether the Department Should Change Nan Ya’s Date of Sale from Invoice Date to Sales Confirmation Date Comment 5: Whether the Department Should Use Entry Date To Define Nan Ya’s Universe of Sales and Consequently To Exclude Nan Ya Sales That Are Outside The POR [FR Doc. 2013–03083 Filed 2–8–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–588–704] Brass Sheet and Strip From Japan: Rescission of Antidumping Duty Administrative Review; 2011–2012 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) is rescinding the administrative review of the antidumping duty order on brass sheet and strip from Japan for the period August 1, 2011, through July 31, 2012. DATES: Effective Date: February 11, 2013. AGENCY: FOR FURTHER INFORMATION CONTACT: Mahnaz Khan, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington DC 20230; telephone: (202) 482–0914. SUPPLEMENTARY INFORMATION: Background The Department initiated an administrative review of the antidumping duty order on brass sheet and strip from Japan covering the period August 1, 2011, through July 31, 2012, E:\FR\FM\11FEN1.SGM 11FEN1 9670 Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Notices based on a request by GBC Metals, LLC, of Global Brass and Copper, Inc., doing business as Olin Brass; Heyco Metals, Inc.; Aurubis Buffalo, Inc.; PMX Industries, Inc.; and Revere Copper Products, Inc. (collectively, ‘‘Petitioners’’). See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 77 FR 59168 (September 26, 2012). The review covers 22 companies: Dowa Metals & Mining Co., Ltd.; Fujisawa Co., Ltd.; Furukawa Electric Co., Ltd.; Harada Metal Industry; Hitachi Alloy, Ltd.; Hitachi Cable, Ltd.; Kicho Shindosho Co., Ltd.; Kitz Metal Works Corp.; Kobe Steel, Ltd.; Mitsubishi Materials Corp.; Mitsubishi Electric Metecs Co., Ltd.; Mitsubishi Shindoh Co., Ltd.; Mitsui Mining & Smelting Co., Ltd. (Mitsui Kinzoku); Mitsui Sumitomo Metal Mining Brass & Copper Co., Ltd.; NGK Insulators (NGK Metals); Nippon Mining & Metals Co., Ltd.; Ohki Brass & Copper Co., Ltd.; Sambo Copper Alloy Co., Ltd.; Sugino Metal Industry Co., Ltd.; Sumitomo Metal Mining Brass & Copper Co., Ltd.; Uji Copper & Alloy Co., Ltd.; and YKK Corporation. On December 20, 2012, Petitioners withdrew their request for an administrative review on all 22 producers/exporters. erowe on DSK2VPTVN1PROD with NOTICES Rescission of Review Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the request within 90 days of the date of publication of the notice of initiation of the requested review. In this case, Petitioners withdrew their request within the 90-day deadline and no other parties requested an administrative review of the antidumping duty order. Therefore, we are rescinding the administrative review of brass sheet and strip from Japan covering the period August 1, 2011, through July 31, 2012. Assessment The Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) to assess antidumping duties on all suspended entries subject to the AD Order for the period August 1, 2011 to July 31, 2011. Antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions to CBP 15 days after the date of publication of this notice. VerDate Mar<15>2010 14:26 Feb 08, 2013 Jkt 229001 Notification to Importers This notice also serves as a final 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 presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Order This notice serves as a final reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under an APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). (Jindal), Polyplex Corporation Ltd. (Polyplex), and SRF Limited (SRF), producers and exporters of PET Film from India. Based on the results of our analysis of the comments received, we have made changes to the preliminary results. For the final weight-averaged dumping margins, see the ‘‘Final Results of Review’’ section below. DATES: Effective Date: February 11, 2013. Elfi Blum 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) 428–0197 or (202) 482– 1398, respectively. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Background International Trade Administration Since the Preliminary Results, the following events have taken place. The Department extended the final results of review from December 6, 2012 to February 4, 2013.2 Jindal and Polyplex submitted timely case briefs on December 5, 2012. DuPont Teijin Films, Mitsubishi Polyester Film, Inc., SKC, Inc., and Toray Plastics (America), Inc. (collectively, Petitioners) filed a timely rebuttal brief on December 13, 2012. The Department issued a postpreliminary analysis to address Petitioners’ targeted dumping allegations for both Jindal and Polyplex on December 20, 2012.3 Petitioners filed timely comments regarding the Department’s post-preliminary analysis on January 3, 2013. In response, Jindal and Polyplex filed timely rebuttal comments on January 8, 2013. [A–533–824] Scope of the Order Dated: February 5, 2013. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2013–03080 Filed 2–8–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Administrative Review of the Antidumping Duty Order; 2010– 2011 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 6, 2012, the Department of Commerce (Department) published the preliminary results of administrative review of the antidumping duty order on polyethylene terephthalate film (PET Film) from India.1 This review covers three respondents, Jindal Poly Films Ltd AGENCY: 1 See Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results of Antidumping Duty Administrative Review, 77 FR 46687 (August 6, 2012) (Preliminary Results). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 The products covered by the antidumping duty order are all gauges of 2 See Memorandum from Barbara Tillman, Antidumping and Countervailing Duty Operations Office 6 Director, to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ‘‘Polyethylene Terephthalate Film from India: Extension of Deadline for Final Results of Antidumping Duty Administrative Review,’’ dated November 9, 2012. See also 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. 3 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Import Administration,: Polyethylene Terephthalate Film, Sheet and Strip (PET film) from India: Post-Preliminary Analysis and Calculation Memorandum, dated December 20, 2012 (Post-Prelim Analysis and Calculation Memorandum). E:\FR\FM\11FEN1.SGM 11FEN1

Agencies

[Federal Register Volume 78, Number 28 (Monday, February 11, 2013)]
[Notices]
[Pages 9669-9670]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03080]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-704]


Brass Sheet and Strip From Japan: Rescission of Antidumping Duty 
Administrative Review; 2011-2012

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is rescinding 
the administrative review of the antidumping duty order on brass sheet 
and strip from Japan for the period August 1, 2011, through July 31, 
2012.

DATES: Effective Date: February 11, 2013.

FOR FURTHER INFORMATION CONTACT: Mahnaz Khan, AD/CVD Operations, Office 
1, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington DC 20230; telephone: (202) 482-0914.

SUPPLEMENTARY INFORMATION: 

Background

    The Department initiated an administrative review of the 
antidumping duty order on brass sheet and strip from Japan covering the 
period August 1, 2011, through July 31, 2012,

[[Page 9670]]

based on a request by GBC Metals, LLC, of Global Brass and Copper, 
Inc., doing business as Olin Brass; Heyco Metals, Inc.; Aurubis 
Buffalo, Inc.; PMX Industries, Inc.; and Revere Copper Products, Inc. 
(collectively, ``Petitioners''). See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Request for Revocation 
in Part, 77 FR 59168 (September 26, 2012).
    The review covers 22 companies: Dowa Metals & Mining Co., Ltd.; 
Fujisawa Co., Ltd.; Furukawa Electric Co., Ltd.; Harada Metal Industry; 
Hitachi Alloy, Ltd.; Hitachi Cable, Ltd.; Kicho Shindosho Co., Ltd.; 
Kitz Metal Works Corp.; Kobe Steel, Ltd.; Mitsubishi Materials Corp.; 
Mitsubishi Electric Metecs Co., Ltd.; Mitsubishi Shindoh Co., Ltd.; 
Mitsui Mining & Smelting Co., Ltd. (Mitsui Kinzoku); Mitsui Sumitomo 
Metal Mining Brass & Copper Co., Ltd.; NGK Insulators (NGK Metals); 
Nippon Mining & Metals Co., Ltd.; Ohki Brass & Copper Co., Ltd.; Sambo 
Copper Alloy Co., Ltd.; Sugino Metal Industry Co., Ltd.; Sumitomo Metal 
Mining Brass & Copper Co., Ltd.; Uji Copper & Alloy Co., Ltd.; and YKK 
Corporation.
    On December 20, 2012, Petitioners withdrew their request for an 
administrative review on all 22 producers/exporters.

Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation of the requested review. In 
this case, Petitioners withdrew their request within the 90-day 
deadline and no other parties requested an administrative review of the 
antidumping duty order. Therefore, we are rescinding the administrative 
review of brass sheet and strip from Japan covering the period August 
1, 2011, through July 31, 2012.

Assessment

    The Department will instruct U.S. Customs and Border Protection 
(``CBP'') to assess antidumping duties on all suspended entries subject 
to the AD Order for the period August 1, 2011 to July 31, 2011. 
Antidumping duties shall be assessed at rates equal to the cash deposit 
of estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption in accordance with 19 CFR 
351.212(c)(1)(i). The Department intends to issue appropriate 
assessment instructions to CBP 15 days after the date of publication of 
this notice.

Notification to Importers

    This notice also serves as a final 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 presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding Administrative Protective Order

    This notice serves as a final reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under an APO in accordance with 19 CFR 351.305(a)(3). Timely 
written notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 
CFR 351.213(d)(4).

    Dated: February 5, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2013-03080 Filed 2-8-13; 8:45 am]
BILLING CODE 3510-DS-P