Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Preliminary Results of Antidumping Duty New Shipper Review; 2011-2012, 14267-14269 [2013-05042]
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14267
Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 428–3964 or (202) 482–
2584, respectively.
SUPPLEMENTARY INFORMATION:
Correction
On February 11, 2013, the Department
of Commerce (‘‘Department’’) published,
in the Federal Register, the final results
of the 2010–2011 administrative review
of the antidumping duty order on
polyethylene terephthalate film, sheet,
and strip (PET Film) from Taiwan.1 The
period of review covered July 1, 2010,
through June 30, 2011. The published
Federal Register notice contained a
clerical error, in that it identified an
incorrect case number associated with
PET Film from Taiwan (i.e., incorrect
case number A–533–824).2 The correct
case number associated with PET Film
from Taiwan is A–583–837. Pursuant to
section 751(h) of the Tariff Act of 1930,
as amended (‘‘the Act’’), the Department
shall correct any ministerial errors
within a reasonable time after the
determinations are issued under this
section. A ministerial error is defined as
an error ‘‘in addition, subtraction, or
other arithmetic function, clerical errors
resulting from inaccurate copying,
duplication, or the like, and any other
type of unintentional error.’’ This notice
serves to correct the incorrect case
number listed in the Final Results.
This correction is published in
accordance with sections 751(h) and
777(i) of the Act.
Dated: February 26, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2013–05041 Filed 3–4–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–912]
Certain New Pneumatic Off-the-Road
Tires From the People’s Republic of
China: Preliminary Results of
Antidumping Duty New Shipper
Review; 2011–2012
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: March 5, 2013.
emcdonald on DSK67QTVN1PROD with NOTICES
AGENCY:
1 See Polyethylene Terephthalate Film, Sheet, and
Strip From Taiwan: Final Results of Antidumping
Duty Administrative Review; 2010–2011, 78 FR
9668 (February 11, 2013) (Final Results).
2 Id. 78 FR at 9668.
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SUMMARY: The Department of Commerce
(‘‘the Department’’) is conducting a new
shipper review of the antidumping duty
order on certain new pneumatic off-theroad tires (‘‘OTR tires’’) from the
People’s Republic of China (‘‘PRC’’).
The period of review (‘‘POR’’) is
September 1, 2011, through February
29, 2012. The review covers a single
entry of subject merchandise exported
by Trelleborg Wheel Systems (Xingtai)
China, Co. Ltd. (‘‘Trelleborg Wheel
Systems China’’) and imported by its
U.S. affiliate, Trelleborg Wheel Systems
Americas. We have preliminarily found
that Trelleborg Wheel Systems China
did not make a sale of subject
merchandise at less than normal value.
FOR FURTHER INFORMATION CONTACT:
Raquel Silva or Eugene Degnan or, AD/
CVD Operations, Office 8, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–6475 or (202) 482–
0414, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise covered by this
order includes new pneumatic tires
designed for off-the-road and offhighway use, subject to certain
exceptions.1 The subject merchandise is
currently classifiable under Harmonized
Tariff Schedule of the United States
(‘‘HTSUS’’) subheadings: 4011.20.10.25,
4011.20.10.35, 4011.20.50.30,
4011.20.50.50, 4011.61.00.00,
4011.62.00.00, 4011.63.00.00,
4011.69.00.00, 4011.92.00.00,
4011.93.40.00, 4011.93.80.00,
4011.94.40.00, and 4011.94.80.00. The
HTSUS subheadings are provided for
convenience and customs purposes
only; the written product description of
the scope of the order is dispositive.2
Methodology
The Department has conducted this
review in accordance with sections
751(a)(1)(B) and 751(a)(2)(B) of the
Tariff Act of 1930, as amended (‘‘the
Act’’), and 19 CFR 351.214. Constructed
export prices have been calculated in
1 See a complete description of the Scope of the
Order in the memorandum to Paul Piquado entitled
‘‘Decision Memorandum for Preliminary Results of
Antidumping Duty New Shipper Review Pertaining
to Trelleborg Wheel Systems (Xingtai) China, Co.
Ltd.: Certain New Pneumatic Off-the-Road Tires
from the People’s Republic of China,’’ dated
February 26, 2013 (‘‘Preliminary Decision
Memorandum’’).
2 See Certain New Pneumatic Off-the-Road Tires
From the People’s Republic of China: Notice of
Amended Final Affirmative Determination of Sales
at Less Than Fair Value and Antidumping Duty
Order, 73 FR 51624 (September 4, 2008).
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Sfmt 4703
accordance with section 772 of the Act.
Because the PRC is a nonmarket
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 in Indonesia, 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, which is 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 New Shipper
Review
The Department preliminarily finds
that the following weighted-average
dumping margin exists:
Exporter
Weightedaverage
dumping margin
Trelleborg Wheel Systems
(Xingtai) China, Co. Ltd.
0.0%
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.3
Rebuttals to written comments may be
filed no later than five days after the
written comments are filed.4
Any interested party may request a
hearing within 30 days of publication of
this notice.5 Hearing requests should
contain the following information: (1)
3 See
19 CFR 351.309(c).
19 CFR 351.309(d).
5 See 19 CFR 351.310(c).
4 See
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14268
Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices
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 20230.6
The Department will 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.
emcdonald on DSK67QTVN1PROD with NOTICES
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.7
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.8
Assessment Rates
Upon issuing the final results of the
new shipper review, the Department
shall determine, and U.S. Customs and
Border Protection (CBP) shall assess,
6 See
19 CFR 351.310(d).
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.
8 See 19 CFR 351.301(c)(3).
7 See,
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15:14 Mar 04, 2013
Jkt 229001
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 new shipper 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).9
We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this new shipper
review when the importer-specific
assessment rate calculated in the final
results of this review is above de
minimis. Where either the respondent’s
weighted-average dumping margin is
zero or de minimis, or an importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
The 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 company individually
examined during this new shipper
review, the Department will instruct
CBP to liquidate such entries at the
PRC-wide rate. In addition, if the
Department determines that the 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.10
The final results of this new shipper
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.
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For
TWS China, which has a separate rate,
the cash deposit 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 previously investigated
or reviewed PRC and non-PRC exporters
not listed above that received a separate
rate in a prior segment of this
proceeding, the cash deposit rate will
continue to be the existing exporterspecific 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 that for the
PRC-wide entity; 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.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
new shipper review for shipments of the
subject merchandise from the PRC
Appendix I
9 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).
10 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
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
review period. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.214.
Dated: February 26, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Background.
2. Scope of the Order.
3. Bona Fide Sale Analysis.
4. Nonmarket Economy Country.
5. Separate Rates.
6. Surrogate Country and Surrogate Value
Data.
7. Surrogate Country.
8. Economic Comparability.
9. Significant Producers of Identical or
Comparable Merchandise.
10. Data Availability.
11. Date of Sale.
12. Fair Value Comparisons.
13. U.S. Price.
E:\FR\FM\05MRN1.SGM
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Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Notices
14. Normal Value.
15. Factor Valuations.
16. Currency Conversion.
17. Adjustment Under Section 777A(f) of
the Act.
18. Conclusion.
[FR Doc. 2013–05042 Filed 3–4–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–866]
Folding Gift Boxes From the People’s
Republic of China: Final Results of the
Second Sunset Review and
Continuation of the Antidumping Duty
Order
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 26, 2012, the
Department of Commerce (the
‘‘Department’’) published the
preliminary results of the second sunset
review of the antidumping duty order
on folding gift boxes from the People’s
Republic of China (‘‘PRC’’). We gave
interested parties an opportunity to
comment on the preliminary results.
The Folding Gift Boxes Fair Trade
Coalition (‘‘Domestic Parties’’) 1 filed
comments in support of the
Department’s preliminary results and no
other party submitted comments.
Further, as a result of the
determinations by the Department and
the International Trade Commission
(‘‘ITC’’) that revocation of the
antidumping duty order would likely
lead to a continuation or recurrence of
dumping and material injury to an
industry in the United States, the
Department is publishing a notice of
continuation of the antidumping duty
order.
DATES: Effective Date: March 5, 2013.
FOR FURTHER INFORMATION CONTACT:
Demitri Kalogeropoulos, AD/CVD
Operations, Office 8, Import
Administration, International Trade
Administration, Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–2623.
SUPPLEMENTARY INFORMATION:
emcdonald on DSK67QTVN1PROD with NOTICES
AGENCY:
Background
On October 26, 2012, the Department
published the preliminary results 2 of
1 The Folding Gift Boxes Fair Trade Coalition is
comprised of Harvard Folding Gift Box Company,
Inc. and Graphic Packaging International, Inc., both
U.S. producers of folding gift boxes.
2 See Folding Gift Boxes From the People’s
Republic of China: Preliminary Results of the
VerDate Mar<15>2010
15:14 Mar 04, 2013
Jkt 229001
the second sunset review on the
antidumping duty order 3 on folding gift
boxes from the PRC. We invited
interested parties to comment on the
Preliminary Results. Domestic Parties
filed comments in support of the
Department’s Preliminary Results and
no other party submitted comments.
Due to the complex issues discussed in
the Preliminary Results, the Department
has conducted a full sunset review
pursuant to section 75l(c)(5)(C) of the
Tariff Act of 1930, as amended (‘‘the
Act’’).
On December 10, 2012, the ITC
determined, pursuant to section 751(c)
of the Act, that revocation of the Order
would likely lead to a continuation or
recurrence of material injury to an
industry in the United States within a
reasonably foreseeable time.4
Scope of the Order
The products covered by the order are
certain folding gift boxes. Folding gift
boxes are a type of folding or knockdown carton manufactured from paper
or paperboard. Folding gift boxes are
produced from a variety of recycled and
virgin paper or paperboard materials,
including, but not limited to, claycoated paper or paperboard and kraft
(bleached or unbleached) paper or
paperboard. The scope of the order
excludes gift boxes manufactured from
paper or paperboard of a thickness of
more than 0.8 millimeters, corrugated
paperboard, or paper mache. The scope
also excludes those gift boxes for which
no side of the box, when assembled, is
at least nine inches in length.
Folding gift boxes included in the
scope are typically decorated with a
holiday motif using various processes,
including printing, embossing,
debossing, and foil stamping, but may
also be plain white or printed with a
single color. The subject merchandise
includes folding gift boxes, with or
without handles, whether finished or
unfinished, and whether in one-piece or
multi-piece configuration. One-piece
gift boxes are die-cut or otherwise
formed so that the top, bottom, and
sides form a single, contiguous unit.
Two-piece gift boxes are those with a
folded bottom and a folded top as
separate pieces. Folding gift boxes are
generally packaged in shrink-wrap,
cellophane, or other packaging
Second Sunset Review of the Antidumping Duty
Order, 77 FR 65361 (October 26, 2012)
(‘‘Preliminary Results’’).
3 See Notice of Antidumping Duty Order: Certain
Folding Gift Boxes From the People’s Republic of
China, 67 FR 864 (January 8, 2002) (‘‘Order’’).
4 See Folding Gift Boxes from China: Investigation
No. 731–TA–921 (Second Review), USITC
Publication 4365 (November 2012).
PO 00000
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14269
materials, in single or multi-box packs
for sale to the retail customer. The scope
excludes folding gift boxes that have a
retailer’s name, logo, trademark or
similar company information printed
prominently on the box’s top exterior
(such folding gift boxes are often known
as ‘‘not-for-resale’’ gift boxes or ‘‘giveaway’’ gift boxes and may be provided
by department and specialty stores at no
charge to their retail customers). The
scope of the order also excludes folding
gift boxes where both the outside of the
box is a single color and the box is not
packaged in shrink-wrap, cellophane,
other resin-based packaging films, or
paperboard.
Imports of the subject merchandise
are classified under Harmonized Tariff
Schedules of the United States
(‘‘HTSUS’’) subheadings 4819.20.0040
and 4819.50.4060. These subheadings
also cover products that are outside the
scope of the order. Furthermore,
although the HTSUS subheadings are
provided for convenience and customs
purposes, our written description of the
scope of the order is dispositive.
Final Determination of Likelihood of
Continuation or Recurrence of
Dumping
In the Preliminary Results, the
Department preliminarily determined
that dumping would likely continue or
recur if the Order were revoked, because
the Department found dumping above
de minimis levels in the investigation
segment of this proceeding, and we
determined that folding gift box imports
from the PRC have been increasing in
volume during the period of this sunset
review. Thus, since issuance of the
Order, dumping has continued at rates
exceeding de minimis levels, which
suggests that dumping is likely to
continue if the Order is revoked.
As stated above, Domestic Parties
submitted comments in support of our
Preliminary Results, and we did not
receive comment from any respondent
interested party. Therefore, for the
reasons explained in the Preliminary
Results, we continue to determine
dumping would likely continue or recur
if the Order were revoked.
Final Determination of Magnitude of
the Dumping Margin Likely To Prevail
In the Preliminary Results, the
Department noted that section 752(c)(3)
of the Act provides that the
administering authority shall provide to
the ITC the magnitude of the margin of
dumping that is likely to prevail if the
order were revoked. While normally, the
Department will select a margin from
the final determination in the
investigation because that is the only
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]]>Agencies
[Federal Register Volume 78, Number 43 (Tuesday, March 5, 2013)]
[Notices]
[Pages 14267-14269]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05042]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-912]
Certain New Pneumatic Off-the-Road Tires From the People's
Republic of China: Preliminary Results of Antidumping Duty New Shipper
Review; 2011-2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: March 5, 2013.
SUMMARY: The Department of Commerce (``the Department'') is conducting
a new shipper review of the antidumping duty order on certain new
pneumatic off-the-road tires (``OTR tires'') from the People's Republic
of China (``PRC''). The period of review (``POR'') is September 1,
2011, through February 29, 2012. The review covers a single entry of
subject merchandise exported by Trelleborg Wheel Systems (Xingtai)
China, Co. Ltd. (``Trelleborg Wheel Systems China'') and imported by
its U.S. affiliate, Trelleborg Wheel Systems Americas. We have
preliminarily found that Trelleborg Wheel Systems China did not make a
sale of subject merchandise at less than normal value.
FOR FURTHER INFORMATION CONTACT: Raquel Silva or Eugene Degnan or, AD/
CVD Operations, Office 8, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6475 or (202) 482-0414, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise covered by this order includes new pneumatic tires
designed for off-the-road and off-highway use, subject to certain
exceptions.\1\ The subject merchandise is currently classifiable under
Harmonized Tariff Schedule of the United States (``HTSUS'')
subheadings: 4011.20.10.25, 4011.20.10.35, 4011.20.50.30,
4011.20.50.50, 4011.61.00.00, 4011.62.00.00, 4011.63.00.00,
4011.69.00.00, 4011.92.00.00, 4011.93.40.00, 4011.93.80.00,
4011.94.40.00, and 4011.94.80.00. The HTSUS subheadings are provided
for convenience and customs purposes only; the written product
description of the scope of the order is dispositive.\2\
---------------------------------------------------------------------------
\1\ See a complete description of the Scope of the Order in the
memorandum to Paul Piquado entitled ``Decision Memorandum for
Preliminary Results of Antidumping Duty New Shipper Review
Pertaining to Trelleborg Wheel Systems (Xingtai) China, Co. Ltd.:
Certain New Pneumatic Off-the-Road Tires from the People's Republic
of China,'' dated February 26, 2013 (``Preliminary Decision
Memorandum'').
\2\ See Certain New Pneumatic Off-the-Road Tires From the
People's Republic of China: Notice of Amended Final Affirmative
Determination of Sales at Less Than Fair Value and Antidumping Duty
Order, 73 FR 51624 (September 4, 2008).
---------------------------------------------------------------------------
Methodology
The Department has conducted this review in accordance with
sections 751(a)(1)(B) and 751(a)(2)(B) of the Tariff Act of 1930, as
amended (``the Act''), and 19 CFR 351.214. Constructed export prices
have been 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, normal value has been calculated in accordance with section
773(c) of the Act. Specifically, the respondent's factors of production
have been valued in Indonesia, 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, which is
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 New Shipper Review
The Department preliminarily finds that the following weighted-
average dumping margin exists:
------------------------------------------------------------------------
Weighted- average
Exporter dumping margin
------------------------------------------------------------------------
Trelleborg Wheel Systems (Xingtai) China, Co. Ltd.... 0.0%
------------------------------------------------------------------------
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.\3\ Rebuttals to written comments may be filed no later than
five days after the written comments are filed.\4\
---------------------------------------------------------------------------
\3\ See 19 CFR 351.309(c).
\4\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------
Any interested party may request a hearing within 30 days of
publication of this notice.\5\ Hearing requests should contain the
following information: (1)
[[Page 14268]]
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.\6\
---------------------------------------------------------------------------
\5\ See 19 CFR 351.310(c).
\6\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
The Department will 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.\7\ 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.\8\
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\7\ 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.
\8\ See 19 CFR 351.301(c)(3).
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Assessment Rates
Upon issuing the final results of the new shipper 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 new shipper
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).\9\
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\9\ 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 new shipper 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
company individually examined during this new shipper review, the
Department will instruct CBP to liquidate such entries at the PRC-wide
rate. In addition, if the Department determines that the 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.\10\
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\10\ 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 new shipper 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 will be effective upon
publication of the final results of this new shipper review for
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by sections 751(a)(2)(C) of the Act: (1) For TWS China, which
has a separate rate, the cash deposit 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 previously
investigated or reviewed PRC and non-PRC exporters not listed above
that received a separate rate in a prior segment of this proceeding,
the cash deposit rate will continue to be the existing exporter-
specific rate; (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 that for the PRC-wide entity; 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.
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 review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.214.
Dated: February 26, 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. Bona Fide Sale Analysis.
4. Nonmarket Economy Country.
5. Separate Rates.
6. Surrogate Country and Surrogate Value Data.
7. Surrogate Country.
8. Economic Comparability.
9. Significant Producers of Identical or Comparable Merchandise.
10. Data Availability.
11. Date of Sale.
12. Fair Value Comparisons.
13. U.S. Price.
[[Page 14269]]
14. Normal Value.
15. Factor Valuations.
16. Currency Conversion.
17. Adjustment Under Section 777A(f) of the Act.
18. Conclusion.
[FR Doc. 2013-05042 Filed 3-4-13; 8:45 am]
BILLING CODE 3510-DS-P
