Sodium Hexametaphosphate from the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2011-2012, 18956-18957 [2013-07254]

Download as PDF 18956 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). E:\FR\FM\28MRN1.SGM 28MRN1 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 28MRN1

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]]

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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