Sodium Hexametaphosphate from the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2011-2012, 18956-18957 [2013-07254]
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Federal Register / Vol. 78, No. 60 / Thursday, March 28, 2013 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–908]
Sodium Hexametaphosphate from the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review; 2011–2012
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 7, 2012, the
Department of Commerce (the
‘‘Department’’) published the
Preliminary Results of the third
administrative review of sodium
hexametaphosphate from the People’s
Republic of China (‘‘PRC’’).1 We gave
interested parties an opportunity to
comment on the Preliminary Results. No
party commented on the Preliminary
Results.
DATES: Effective Date: March 28, 2013.
FOR FURTHER INFORMATION CONTACT: Paul
Walker, AD/CVD Operations, Office 9,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue NW, Washington,
DC 20230; telephone: 202.482.0413.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Order
The scope of this order consists of
sodium hexametaphosphate.2 The
merchandise subject to this order is
currently classifiable in the Harmonized
Tariff Schedule of the United States
(‘‘HTSUS’’) statistical reporting number
2835.39.5000. However, it may also be
imported as a blend or mixture under
heading 3824.90.3900. Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written product description, available in
the Order remains dispositive.3
Final Finding of No Shipments
mstockstill on DSK4VPTVN1PROD with NOTICES
As noted in the Preliminary Results,
because Hubei Xingfa Chemical Group
Co., Ltd. (‘‘Hubei Xingfa’’) and Sichuan
1 See Sodium Hexametaphosphate from the
People’s Republic of China: Preliminary Results of
Antidumping Duty Administrative Review; 2011–
2012, 77 FR 73011 (December 7, 2012)
(‘‘Preliminary Results’’).
2 See ‘‘Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative
Review: Sodium Hexametaphosphate from the
People’s Republic of China,’’ from Christian Marsh,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations to Paul Piquado,
Assistant Secretary for Import Administration,
dated November 29, 2012 (‘‘Preliminary Decision
Memorandum’’).
3 See Notice of Antidumping Duty Order: Sodium
Hexametaphosphate from the People’s Republic of
China, 73 FR 14772 (March 19, 2008) (‘‘Order’’).
VerDate Mar<15>2010
20:20 Mar 27, 2013
Jkt 229001
Mianzhu Norwest Phosphate Co.
(‘‘Norwest’’) submitted timely noshipment certifications and U.S.
Customs and Border Protection (‘‘CBP’’)
data indicated that there were no
reviewable transactions for these
companies during the period of review
(‘‘POR’’), we determined that Hubei
Xingfa and Norwest had no reviewable
transactions of subject merchandise and
retained their separate rate from the
previous administrative review.4 As no
information, or argument, has been
placed on the record to challenge these
findings, for the final results we
continue to find that Hubei Xingfa and
Norwest had no reviewable transactions
of subject merchandise, and thus, have
retained their separate rate from the
previous administrative review.
review. 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 by
companies examined during this
review, the Department will instruct
CBP to liquidate such entries at the
NME-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
NME-wide rate.7
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
sections 751(a)(2)(C) of the Tariff Act of
1930, as amended (the ‘‘Act’’): (1) 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; (2) for all
Final Results of Review
PRC exporters of subject merchandise
that have not been found to be entitled
The weighted-average dumping
to a separate rate, the cash deposit rate
margins for the POR are as follows:
will be that for the PRC-wide entity; and
Weighted(3) for all non-PRC exporters of subject
average
merchandise which have not received
Exporter
dumping
their own rate, the cash deposit rate will
margin
be the rate applicable to the PRC
(percent)
exporter that supplied that non-PRC
PRC-wide Entity 6 .................
188.05 exporter. These deposit requirements,
when imposed, shall remain in effect
Assessment
until further notice.
Upon issuance of the final results, the
Reimbursement of Duties
Department will determine, and CBP
shall assess, antidumping duties on all
This notice also serves as a final
appropriate entries. The Department
reminder to importers of their
intends to issue assessment instructions responsibility under section 351.402(f)
to CBP 15 days after the date of
of the Department’s regulations to file a
publication of the final results of
certificate regarding the reimbursement
of antidumping duties prior to
4 See Preliminary Results, 77 FR at 73011–12; see
liquidation of the relevant entries
also Preliminary Decision Memorandum at 2–3.
5 See Preliminary Results, 77 FR at 73012.
during this POR. Failure to comply with
6 The PRC-wide entity includes Aditya Birla
this requirement could result in the
Chemicals (Thailand) Ltd., Anhui Technology
Department’s presumption that
Import & Export Co., Ltd., Anshan Career Economic
reimbursement of antidumping duties
Trade Co., Ltd., Blue Science Limited, Boon Stream
has occurred and the subsequent
Chemical International Trade, Chengdu Boon
Stream Chemical Industry Co., Ltd., Dezhou
assessment of doubled antidumping
Hualude Hardware Products Co. Ltd., Gatehouse
duties.
PRC-Wide Entity
As noted in the Preliminary Results,
there are 13 other companies also under
review in this segment, none of which
have a separate rate from a prior
segment of this proceeding.5 As no
information, or argument, has been
placed on the record to challenge these
findings, for the final results we
continue to find that these companies
have not established their eligibility for
a separate rate, and they will continue
to be considered part of the PRC-wide
entity.
International Freight Ltd., Henan Sinchems Imp
and Exp Co., Ltd., Hubei Xingfa Chemical Export
Import Co. Ltd., Rushan Wooyoung Trading Co.,
Ltd., Unison Chemical Industrial Co, Ltd. and
Zhejiang Chun-an Foreign Trade Co.
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
7 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
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Federal Register / Vol. 78, No. 60 / Thursday, March 28, 2013 / Notices
Administrative Protective Orders
Background
This notice also serves as a reminder
to parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with section 351.305 of the
Department’s regulations, which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return/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 violation
which is subject to sanction.
We are issuing and publishing this
administrative review and notice in
accordance with sections 751(a)(1) and
777(i) of the Act.
The AD order on fish fillets from
Vietnam was published on August 12,
2003.1 On February 26, 2013, pursuant
to section 751(a)(2)(B)(i) of the Tariff
Act of 1930, as amended (‘‘the Act’’),
and 19 CFR 351.214(b), the Department
received a NSR request from Ngoc Ha
Co. Ltd. Food Processing and Trading
(‘‘Ngoc Ha’’).2 Ngoc Ha certified that it
is a producer and exporter of the subject
merchandise and that it exported, or has
sold for export, subject merchandise to
the United States.3
Pursuant to section 751(a)(2)(B)(i)(I) of
the Act and 19 CFR 351.214(b)(2)(i),
Ngoc Ha certified that it did not export
subject merchandise to the United
States during the period of investigation
(‘‘POI’’).4 In addition, pursuant to
section 751(a)(2)(B)(i)(II) of the Act and
19 CFR 351.214(b)(2)(iii)(A), Ngoc Ha
certified that, since the initiation of the
investigation, it has never been affiliated
with any Vietnamese exporter or
producer who exported subject
merchandise to the United States during
the POI, including those respondents
not individually examined during the
investigation.5 As required by 19 CFR
351.214(b)(2)(iii)(B), Ngoc Ha also
certified that its export activities were
not controlled by the central
government of Vietnam.6
In addition to the certifications
described above, pursuant to 19 CFR
351.214(b)(2)(iv), Ngoc Ha submitted
documentation establishing the
following: (1) The date on which it first
shipped subject merchandise for export
to the United States; (2) the volume of
its first shipment; and (3) the date of its
first sale to an unaffiliated customer in
the United States.7
Finally, the Department conducted a
U.S. Customs and Border Protection
(‘‘CBP’’) database query and confirmed
the price, quantity, date of sale, and date
of entry of the sale at issue. In addition,
the Department confirmed that the data
on any subsequent shipments
Dated: March 21, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2013–07254 Filed 3–27–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–801]
Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam:
Initiation of Antidumping Duty New
Shipper Review; 2012–2013
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: March 28, 2013.
SUMMARY: The Department of Commerce
(‘‘the Department’’) has received a
timely request for a new shipper review
(‘‘NSR’’) of the antidumping duty
(‘‘AD’’) order on certain frozen fish
fillets (‘‘fish fillets’’) from the Socialist
Republic of Vietnam (‘‘Vietnam’’). The
Department has determined that the
request meets the statutory and
regulatory requirements for initiation.
The period of review (‘‘POR’’) for this
NSR is August 1, 2012, through January
31, 2013.
FOR FURTHER INFORMATION CONTACT:
Alexander Montoro, AD/CVD
Operations, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: 202–482–0238.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
VerDate Mar<15>2010
20:20 Mar 27, 2013
Jkt 229001
1 See Notice of Antidumping Duty Order: Certain
Frozen Fish Fillets From the Socialist Republic of
Vietnam, 68 FR 47909 (August 12, 2003).
2 See Letter from Ngoc Ha, ‘‘Re: Certain Frozen
Fish Fillets from the Socialist Republic of Vietnam:
Request for New Shipper Review,’’ dated February
26, 2013.
3 See Id. at 1–2 and at Exhibit 1.
4 Id. at Exhibit 2.
5 Id.
6 Id.
7 Id. at Exhibit 1; See also Memorandum to the
File from Scot Fullerton, Program Manager,
‘‘Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Placing CBP data on the
record,’’ dated concurrently with this notice.
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
18957
corresponds with the information
provided by Ngoc Ha.8
Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B) of the
Act and 19 CFR 351.214(d)(1), and
based on the documentation provided
by Ngoc Ha, we find that the request
submitted by Ngoc Ha meets the
requirements for initiation of the NSR
for shipments of fish fillets from
Vietnam.9 The POR is August 1, 2012,
through January 31, 2013.10 Absent a
determination that the case is
extraordinarily complicated, the
Department intends to issue the
preliminary results of this NSR within
180 days from the date of initiation and
the final results within 270 days from
the date of initiation.11
It is the Department’s usual practice,
in cases involving non-market
economies, to require that a company
seeking to establish eligibility for an AD
rate separate from the country-wide rate
provide evidence of de jure and de facto
absence of government control over the
company’s export activities.
Accordingly, we will issue a
questionnaire to Ngoc Ha that will
include a separate-rate section. The
review of Ngoc Ha will proceed if the
response provides sufficient indication
that it is not subject to either de jure or
de facto government control with
respect to its exports of fish fillets.
We will instruct CBP to allow, at the
option of the importer, the posting, until
the completion of the review, of a bond
or security in lieu of a cash deposit for
each entry of the subject merchandise
from the requesting company in
accordance with section 751(a)(2)(B)(iii)
of the Act and 19 CFR 351.214(e).
Because Ngoc Ha certified that it both
produced and exported the subject
merchandise, the sale of which is the
basis for the new-shipper request for
review, we will instruct CBP to permit
the use of a bond only for subject
merchandise which Ngoc Ha both
produced and exported.
Interested parties requiring access to
proprietary information in this NSR
should submit applications for
8 See Memorandum to the File from Scot
Fullerton, Program Manager, ‘‘Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam: New
Shipper Initiation Checklists,’’ dated concurrently
with this notice; see also Memorandum to the File
from Scot Fullerton, Program Manager, ‘‘Certain
Frozen Fish Fillets from the Socialist Republic of
Vietnam: Placing CBP data on the record,’’ dated
concurrently with this notice.
9 See Memorandum to the File from Scot
Fullerton, Program Manager, ‘‘Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam: New
Shipper Initiation Checklist,’’ dated concurrently
with this notice.
10 See 19 CFR 351.214(g)(1)(i)(B).
11 See section 751(a)(2)(B)(iv) of the Act.
E:\FR\FM\28MRN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 60 (Thursday, March 28, 2013)]
[Notices]
[Pages 18956-18957]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07254]
[[Page 18956]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-908]
Sodium Hexametaphosphate from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; 2011-2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 7, 2012, the Department of Commerce (the
``Department'') published the Preliminary Results of the third
administrative review of sodium hexametaphosphate from the People's
Republic of China (``PRC'').\1\ We gave interested parties an
opportunity to comment on the Preliminary Results. No party commented
on the Preliminary Results.
---------------------------------------------------------------------------
\1\ See Sodium Hexametaphosphate from the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative
Review; 2011-2012, 77 FR 73011 (December 7, 2012) (``Preliminary
Results'').
---------------------------------------------------------------------------
DATES: Effective Date: March 28, 2013.
FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, Office
9, Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW,
Washington, DC 20230; telephone: 202.482.0413.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The scope of this order consists of sodium hexametaphosphate.\2\
The merchandise subject to this order is currently classifiable in the
Harmonized Tariff Schedule of the United States (``HTSUS'') statistical
reporting number 2835.39.5000. However, it may also be imported as a
blend or mixture under heading 3824.90.3900. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written product description, available in the Order remains
dispositive.\3\
---------------------------------------------------------------------------
\2\ See ``Decision Memorandum for Preliminary Results of
Antidumping Duty Administrative Review: Sodium Hexametaphosphate
from the People's Republic of China,'' from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations to Paul Piquado, Assistant Secretary for Import
Administration, dated November 29, 2012 (``Preliminary Decision
Memorandum'').
\3\ See Notice of Antidumping Duty Order: Sodium
Hexametaphosphate from the People's Republic of China, 73 FR 14772
(March 19, 2008) (``Order'').
---------------------------------------------------------------------------
Final Finding of No Shipments
As noted in the Preliminary Results, because Hubei Xingfa Chemical
Group Co., Ltd. (``Hubei Xingfa'') and Sichuan Mianzhu Norwest
Phosphate Co. (``Norwest'') submitted timely no-shipment certifications
and U.S. Customs and Border Protection (``CBP'') data indicated that
there were no reviewable transactions for these companies during the
period of review (``POR''), we determined that Hubei Xingfa and Norwest
had no reviewable transactions of subject merchandise and retained
their separate rate from the previous administrative review.\4\ As no
information, or argument, has been placed on the record to challenge
these findings, for the final results we continue to find that Hubei
Xingfa and Norwest had no reviewable transactions of subject
merchandise, and thus, have retained their separate rate from the
previous administrative review.
---------------------------------------------------------------------------
\4\ See Preliminary Results, 77 FR at 73011-12; see also
Preliminary Decision Memorandum at 2-3.
---------------------------------------------------------------------------
PRC-Wide Entity
As noted in the Preliminary Results, there are 13 other companies
also under review in this segment, none of which have a separate rate
from a prior segment of this proceeding.\5\ As no information, or
argument, has been placed on the record to challenge these findings,
for the final results we continue to find that these companies have not
established their eligibility for a separate rate, and they will
continue to be considered part of the PRC-wide entity.
---------------------------------------------------------------------------
\5\ See Preliminary Results, 77 FR at 73012.
---------------------------------------------------------------------------
Final Results of Review
The weighted-average dumping margins for the POR are as follows:
---------------------------------------------------------------------------
\6\ The PRC-wide entity includes Aditya Birla Chemicals
(Thailand) Ltd., Anhui Technology Import & Export Co., Ltd., Anshan
Career Economic Trade Co., Ltd., Blue Science Limited, Boon Stream
Chemical International Trade, Chengdu Boon Stream Chemical Industry
Co., Ltd., Dezhou Hualude Hardware Products Co. Ltd., Gatehouse
International Freight Ltd., Henan Sinchems Imp and Exp Co., Ltd.,
Hubei Xingfa Chemical Export Import Co. Ltd., Rushan Wooyoung
Trading Co., Ltd., Unison Chemical Industrial Co, Ltd. and Zhejiang
Chun-an Foreign Trade Co.
------------------------------------------------------------------------
Weighted-
average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
PRC-wide Entity \6\..................................... 188.05
------------------------------------------------------------------------
Assessment
Upon issuance of the final results, the Department will determine,
and 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. 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 by companies examined during this review, the
Department will instruct CBP to liquidate such entries at the NME-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 NME-wide rate.\7\
---------------------------------------------------------------------------
\7\ 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
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 Tariff Act of 1930, as amended
(the ``Act''): (1) 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; (2) 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 (3) 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.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under section 351.402(f) of the Department's regulations
to file a certificate regarding the reimbursement of antidumping duties
prior to liquidation of the relevant entries during this POR. Failure
to comply with this requirement could result in the Department's
presumption that reimbursement of antidumping duties has occurred and
the subsequent assessment of doubled antidumping duties.
[[Page 18957]]
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with section 351.305 of the
Department's regulations, which continues to govern business
proprietary information in this segment of the proceeding. Timely
written notification of the return/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 violation which is
subject to sanction.
We are issuing and publishing this administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: March 21, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-07254 Filed 3-27-13; 8:45 am]
BILLING CODE 3510-DS-P
