Glycine From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2011-2012, 20891-20893 [2013-08108]
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Federal Register / Vol. 78, No. 67 / Monday, April 8, 2013 / Notices
the ratio of the total amount of dumping
calculated for the importer’s examined
sales and the total entered value of the
sales in accordance with 19 CFR
351.212(b)(1). Where an importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties. If
CCPC’s weighted-average dumping
margin continues to be zero or de
minimis in the final results of review,
we will instruct CBP not to assess duties
on any of its entries in accordance with
the Final Modification for Reviews, i.e.,
‘‘{w}here the weighted-average margin
of dumping for the exporter is
determined to be zero or de minimis, no
antidumping duties will be assessed.’’ 4
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003.5 This clarification will
apply to entries of subject merchandise
during the POR produced by CCPC for
which it did not know its merchandise
was destined for the United States. In
such instances, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.
We intend to issue instructions to
CBP 15 days after publication of the
final results of this review.
Cash Deposit Requirements
mstockstill on DSK4VPTVN1PROD with NOTICES
The following deposit requirements
will be effective upon publication of the
notice of final results of administrative
review for all shipments of PVA from
Taiwan entered, or withdrawn from
warehouse, for consumption on or after
the date of publication as provided by
section 751(a)(2) of the Act: (1) The cash
deposit rate for CCPC will be the rate
established in the final results of this
administrative review; (2) for
merchandise exported by manufacturers
or exporters not covered in this review
but covered in a prior segment of the
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recent period; (3)
if the exporter is not a firm covered in
this review or the original investigation
but the manufacturer is, the cash
deposit rate will be the rate established
for the most recent period for the
manufacturer of the merchandise; and
(4) the cash deposit rate for all other
4 See
Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 80102
(February 14, 2012).
5 For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
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manufacturers or exporters will
continue to be 3.08 percent, the allothers rate established in the
Antidumping Duty Order: Polyvinyl
Alcohol From Taiwan, 76 FR 13982
(March 15, 2011). These cash 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
Secretary’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.
Dated: April 2, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Scope of the Order
2. Comparisons to Normal Value
3. Determination of Comparison Method
4. Results of the Differential Pricing Analysis
5. Product Comparisons
6. Date of Sale
7. Export Price
8. Normal Value
9. Home Market Viability as Comparison
Market
10. Level of Trade
11. Cost of Production
12. Calculation of Cost of Production
13. Test of Home Market Sales Prices
14. Results of the COP Test
15. Calculation of Normal Value Based on
Home Market Prices
16. Currency Conversion
[FR Doc. 2013–08110 Filed 4–5–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–836]
Glycine From the People’s Republic of
China: Final Results of Antidumping
Duty Administrative Review; 2011–
2012
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: April 8, 2013.
AGENCY:
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
20891
On December 6, 2012, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on glycine
from the People’s Republic of China
(PRC) 1 in the Federal Register. We gave
interested parties an opportunity to
comment on the preliminary results.
Based upon our analysis of the
comments received by the parties we
have not made any changes to the
antidumping duty rate assigned to the
PRC-wide entity, which includes the
sole company subject to this review,
Baoding Mantong Fine Chemistry Co.
Ltd. (Baoding Mantong), and are
rescinding the review with respect to
companies for which this review was
initiated but had not previously
received a separate rate status, for the
final results.2
FOR FURTHER INFORMATION CONTACT:
Brian Davis or Ericka Ukrow, AD/CVD
Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–7924 or (202) 482–
0405, respectively.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Period of Review
The period of review is March 1,
2011, through February 29, 2012.
Scope of the Order
The product covered by the
antidumping duty order is glycine,
which is a free-flowing crystalline
material, like salt or sugar.3 The subject
merchandise is currently classifiable
under Harmonized Tariff Schedule of
the United States (HTSUS) subheading:
2922.49.4020. The HTSUS subheading
is provided for convenience and
customs purposes only; the written
1 See Glycine From the People’s Republic of
China: Preliminary Results of Antidumping Duty
Administrative Review and Preliminary Partial
Rescission of Antidumping Duty Administrative
Review; 2011–2012, 77 FR 72817 (December 6,
2012) (Preliminary Results), and accompanying
Decision Memorandum for the Preliminary Results
of Antidumping Duty Administrative Review and
Preliminary Partial Rescission of Antidumping Duty
Administrative Review: Glycine From the People’s
Republic of China’’ from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K.
Lorentzen, Acting Assistant Secretary for Import
Administration, dated December 6, 2012
(Preliminary Decision Memorandum).
2 We preliminarily rescinded this review with
respect to 25 other companies after GEO Specialty
Chemicals, Inc. (GEO) submitted a timely request to
withdraw its request for review of these companies.
See Preliminary Results, 77 FR at 72817.
3 See Preliminary Decision Memorandum for a
complete description of the scope of the order.
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Federal Register / Vol. 78, No. 67 / Monday, April 8, 2013 / Notices
product description of the scope of the
order is dispositive.4
Background
On December 6, 2012, the Department
published the Preliminary Results in the
Federal Register. The Department
provided interested parties with the
opportunity to comment on the
Preliminary Results. On January 7, 2013,
Glycine & More, Inc. (Glycine & More),
an affiliate of Baoding Mantong and U.S.
importer of glycine, timely submitted a
case brief commenting on our
Preliminary Results. Domestic interested
party GEO timely submitted rebuttal
comments on January 14, 2013. We have
analyzed the comments received and
made no revisions to the preliminary
antidumping duty rate assigned to the
PRC-wide entity, including Baoding
Mantong.
Analysis of Comments Received
mstockstill on DSK4VPTVN1PROD with NOTICES
All issues raised in the case and
rebuttal briefs submitted by parties in
this review are addressed in the
Memorandum to Paul Piquado,
Assistant Secretary for Import
Administration, from Edward C. Yang,
Senior Director China/Non-Market
Economy Unit, entitled, ‘‘Issues and
Decision Memorandum for the Final
Results in the Antidumping Duty
Administrative Review of Glycine From
the People’s Republic of China’’ (Final
Decision Memorandum), which is dated
concurrently with, and adopted by, this
notice. A list of the issues which parties
raised, and to which we respond in the
Final Decision Memorandum is attached
to this notice as an Appendix. The Final
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). Access to IA ACCESS is
available to registered users at https://
iaaccess.trade.gov and in the Central
Records Unit (CRU), Room 7046 of the
main Department of Commerce
building. In addition, a complete
version of the Final Decision
Memorandum can be accessed directly
on the internet at https://www.trade.gov/
ia/. The signed Final Decision
Memorandum and the electronic
versions of the Final Decision
Memorandum are identical in content.
Rescission of Review in Part and PRCWide Entity
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
4 See Antidumping Duty Order: Glycine From the
People’s Republic of China, 60 FR 16116 (March 29,
1995).
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Jkt 229001
review, in whole or in part, if a party
that requested the review withdraws the
request within 90 days of the date of
publication of the initiation notice of
the requested review. As stated in the
Preliminary Results, for 25 of the 26
companies for which the Department
initiated this administrative review,
GEO was the only party that requested
the review. On July 30, 2012, GEO
timely withdrew its review requests for
all 26 companies. Therefore, with the
exception of Baoding Mantong, which
requested its own review and is the sole
mandatory respondent in this
proceeding, the Department preliminary
rescinded the review for all other
companies named in the Initiation
Notice.5
For these final results, the Department
is rescinding the review with respect to
companies on which this review was
initiated but had not previously
received a separate rate status. As
described above, GEO withdrew its
review request covering these
companies. While the review request
was withdrawn in a timely manner,
these companies have not previously
received separate rate status and, as
such, remain part of the PRC-wide
entity. The Department did not rescind
this review at the time of the
preliminary results for those companies
that had not timely withdrawn their
request for review nor established their
eligibility for a separate rate in this
review, i.e., Baoding Mantong, and are
considered part of the PRC-wide entity
which is under review.
Act), and 19 CFR 351.212(b)(1), the
Department will direct U.S. Customs
and Border Protection (CBP) to assess
antidumping duties on all appropriate
entries. The Department will issue
appropriate assessment instructions to
CBP 15 days after the date of
publication of the final results of this
review. We will instruct CBP to
liquidate entries of subject merchandise
exported by the PRC-wide entity at the
ad valorem rate of 453.79 percent of
entered value.
The Department previously
announced a refinement to its
assessment practice in non-market
economy (NME) cases.6 Pursuant to this
refinement in practice, for entries that
were not reported in the U.S. sales
databases submitted by companies
individually examined during this
review, the Department will instruct
CBP to liquidate such entries at the
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 these final results of
review for all shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the publication date, as provided
Changes Since the Preliminary Results
by section 751(a)(2)(C) of the Act: (1)
For the PRC-wide entity (including
Based on a review of the record and
Baoding Mantong), the cash deposit rate
comments received from parties
will be the rate established in the final
regarding our Preliminary Results, we
have made no changes the antidumping results of this review; (2) for previously
investigated or reviewed PRC and nonduty rate assigned to the PRC-wide
PRC exporters not listed above that
entity, including Baoding Mantong, in
received a separate rate in a prior
these final results of review.
segment of this proceeding, the cash
Final Results of the Review
deposit rate will continue to be the
The Department has determined that
exporter-specific rate; (3) for all PRC
the following weighted-average
exporters of subject merchandise which
dumping margin exists for the period
have not been found to be entitled to a
March 1, 2011, through February 29,
separate rate, the cash deposit rate will
2012:
be that for the PRC-wide entity; and (4)
for all non-PRC exporters of subject
Exporter
Margin
merchandise which have not received
their own rate, the cash deposit rate will
PRC-wide entity (including
be the rate applicable to the PRC
Baoding Mantong Fine
Chemistry Co., Ltd.) ..........
453.79% exporters that supplied that non-PRC
exporter. These cash deposit
requirements, when imposed, shall
Assessment Rates
remain in effect until further notice.
Consistent with these final results,
and pursuant to section 751(a)(2)(B) of
6 See Non-Market Economy Antidumping
the Tariff Act of 1930, as amended (the
Proceedings: Assessment of Antidumping Duties, 76
5 See
PO 00000
Appendix II for a list of these companies.
Frm 00010
Fmt 4703
Sfmt 4703
FR 65694 (October 24, 2011).
7 Id. at 65694.
E:\FR\FM\08APN1.SGM
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Federal Register / Vol. 78, No. 67 / Monday, April 8, 2013 / Notices
Notification to Importers
This notice 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 period of review. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, 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: April 1, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix I
Comment 1: Baoding Mantong’s Untimely
Withdrawal of Review Request and
Rescission of the Administrative Review
with Respect to Baoding Mantong
Comment 2: The Department’s Selection of
the Adverse Facts Available Margin for
Baoding Mantong
mstockstill on DSK4VPTVN1PROD with NOTICES
Appendix II
Companies Without Previous Separate Rates
Status for Which the Review Request Was
Withdrawn
1. A&A Pharmachem Inc.
2. Advance Exports
3. AICO Laboratories India Ltd.
4. Avid Organics Pvt. Ltd.
5. Chiyuen International Trading Ltd.
6. E-Heng Import and Export Co., Ltd.
7. General Ingredient Inc.
8. Hebei Donghua Chemical General
Corporation
9. Hebei Donghua Jiheng Fine Chemical Co.,
Ltd.
10. Jiangsu Dongchang Chemical
11. Jizhou City Huayang Chemical Co., Ltd.
12. Kissner Milling Co. Ltd.
13. Nantong Dongchang Chemical Industrial
Co. Ltd.
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14. Ningbo Create-Bio Engineering Co. Ltd.
15. Nutracare International
16. Paras Intermediates Pvt. Ltd.
17. Qingdao Samin Chemical Co., Ltd.
18. Ravi Industries
19. Salvi Chemical Industries
20. Shanghai Waseta International Trading
21. Showa Denko K.K.
22. Tianjin Tiancheng Pharmaceutical
Company
23. Wisent Pharma Inc.
24. XPAC Technologies Inc.
25. Yuki Gosei Kogyo Co., Ltd.
[FR Doc. 2013–08108 Filed 4–5–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Legal Services Trade Mission to China,
September 16–18, 2013
International Trade
Administration, Department of
Commerce.
ACTION: Notice.
AGENCY:
Mission Description
The General Counsel of the United
States Department of Commerce will
lead a Legal Services Trade Mission to
China, September 16–18, 2013. The
purpose of the mission is to introduce
U.S. law firms 1 without a presence in
China to the Chinese market, to market
U.S. legal services to Chinese companies
and individuals, to raise awareness
about the U.S. legal and business
climate to Chinese companies interested
in doing business in the U.S. market,
and to further an ongoing dialogue with
Chinese authorities on opening the
Chinese legal services market to
expanded practice by U.S. firms.
The trade mission will include stops
in Beijing and Shanghai. In both cities,
participants will receive market
briefings to obtain key information from
U.S. officials on the legal services
environment in China. They will then
participate in specially-tailored forums
on U.S. legal services for audiences of
Chinese persons seeking to do business
in the United States and others seeking
legal services in China and the United
States. In addition, the trade mission
will include opportunities for
participants to have policy discussions
with Chinese government officials in
order to learn more about the regulatory
landscape and present the benefits that
U.S. law firms can provide to Chinese
and U.S. companies. Joining the official
1 For purposes of this trade mission, a ‘‘U.S. law
firm’’ is defined as a law firm that is formed under
the laws of a U.S. state or the District of Columbia
and with its principal place of business in the
United States.
PO 00000
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20893
U.S. Department of Commerce Trade
Mission will enhance the participants’
ability to engage in such meetings,
which can be difficult to obtain when
not accompanied by government
officials. In addition to U.S. law firms,
bar associations and other organizations
that represent U.S. legal service
providers are encouraged to apply.
Commercial Setting
As China seeks to transition from a
manufacturing, export-based economy
to a center of international business and
finance, its need for sophisticated
multinational legal and financial
services is growing. Illustrating this
trend, more than 200 foreign law firms
currently have a presence in China.
In China, foreign lawyers are
permitted to: provide clients with
counsel with respect to the laws of the
countries where they are qualified to
practice and on international
conventions and international practices;
handle legal affairs in the country where
the lawyers are qualified to practice law
when entrusted to do so by their clients
or Chinese law firms; entrust, on behalf
of foreign clients, Chinese law firms to
provide counsel on Chinese legal affairs;
enter into contracts to maintain
entrustment relationships with Chinese
law firms; and provide their clients with
information about the impact of the
Chinese legal environment.
Within this rubric, opportunities exist
for U.S. law firms providing legal
services in China in a number of
practice areas, including capital
markets, mergers and acquisitions,
international trade, inbound and
outbound investment, shipping,
intellectual property rights, arbitration,2
life sciences, real estate, information
technology and e-commerce, labor and
employment, private equity, and
venture capital.
The trade mission will also present
opportunities for participants to engage
with Chinese individuals, private
companies, and state-owned enterprises,
particularly those seeking to do business
in the United States. Depending on the
type of business, Chinese companies
doing business in the United States
could require legal services on United
States laws for issues relating to
taxation, employment, corporate
finance, real estate, litigation, sale of
goods, intellectual property rights,
2 Generally, foreign lawyers may represent clients
in international or foreign-relation arbitral
proceedings before the China International
Economic and Trade Arbitration Commission
(CIETAC) that do not involve Chinese legal affairs.
Recent amendments to the rules that govern
CIETAC permit arbitration before CIETAC to be
held in languages other than Chinese.
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]]>Agencies
[Federal Register Volume 78, Number 67 (Monday, April 8, 2013)]
[Notices]
[Pages 20891-20893]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08108]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-836]
Glycine 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.
DATES: Effective Date: April 8, 2013.
SUMMARY: On December 6, 2012, the Department of Commerce (the
Department) published the preliminary results of the administrative
review of the antidumping duty order on glycine from the People's
Republic of China (PRC) \1\ in the Federal Register. We gave interested
parties an opportunity to comment on the preliminary results. Based
upon our analysis of the comments received by the parties we have not
made any changes to the antidumping duty rate assigned to the PRC-wide
entity, which includes the sole company subject to this review, Baoding
Mantong Fine Chemistry Co. Ltd. (Baoding Mantong), and are rescinding
the review with respect to companies for which this review was
initiated but had not previously received a separate rate status, for
the final results.\2\
---------------------------------------------------------------------------
\1\ See Glycine From the People's Republic of China: Preliminary
Results of Antidumping Duty Administrative Review and Preliminary
Partial Rescission of Antidumping Duty Administrative Review; 2011-
2012, 77 FR 72817 (December 6, 2012) (Preliminary Results), and
accompanying Decision Memorandum for the Preliminary Results of
Antidumping Duty Administrative Review and Preliminary Partial
Rescission of Antidumping Duty Administrative Review: Glycine From
the People's Republic of China'' from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for
Import Administration, dated December 6, 2012 (Preliminary Decision
Memorandum).
\2\ We preliminarily rescinded this review with respect to 25
other companies after GEO Specialty Chemicals, Inc. (GEO) submitted
a timely request to withdraw its request for review of these
companies. See Preliminary Results, 77 FR at 72817.
FOR FURTHER INFORMATION CONTACT: Brian Davis or Ericka Ukrow, AD/CVD
Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
---------------------------------------------------------------------------
7924 or (202) 482-0405, respectively.
SUPPLEMENTARY INFORMATION:
Period of Review
The period of review is March 1, 2011, through February 29, 2012.
Scope of the Order
The product covered by the antidumping duty order is glycine, which
is a free-flowing crystalline material, like salt or sugar.\3\ The
subject merchandise is currently classifiable under Harmonized Tariff
Schedule of the United States (HTSUS) subheading: 2922.49.4020. The
HTSUS subheading is provided for convenience and customs purposes only;
the written
[[Page 20892]]
product description of the scope of the order is dispositive.\4\
---------------------------------------------------------------------------
\3\ See Preliminary Decision Memorandum for a complete
description of the scope of the order.
\4\ See Antidumping Duty Order: Glycine From the People's
Republic of China, 60 FR 16116 (March 29, 1995).
---------------------------------------------------------------------------
Background
On December 6, 2012, the Department published the Preliminary
Results in the Federal Register. The Department provided interested
parties with the opportunity to comment on the Preliminary Results. On
January 7, 2013, Glycine & More, Inc. (Glycine & More), an affiliate of
Baoding Mantong and U.S. importer of glycine, timely submitted a case
brief commenting on our Preliminary Results. Domestic interested party
GEO timely submitted rebuttal comments on January 14, 2013. We have
analyzed the comments received and made no revisions to the preliminary
antidumping duty rate assigned to the PRC-wide entity, including
Baoding Mantong.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
parties in this review are addressed in the Memorandum to Paul Piquado,
Assistant Secretary for Import Administration, from Edward C. Yang,
Senior Director China/Non-Market Economy Unit, entitled, ``Issues and
Decision Memorandum for the Final Results in the Antidumping Duty
Administrative Review of Glycine From the People's Republic of China''
(Final Decision Memorandum), which is dated concurrently with, and
adopted by, this notice. A list of the issues which parties raised, and
to which we respond in the Final Decision Memorandum is attached to
this notice as an Appendix. The Final 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). Access to IA ACCESS is available to registered
users at https://iaaccess.trade.gov and in the Central Records Unit
(CRU), Room 7046 of the main Department of Commerce building. In
addition, a complete version of the Final Decision Memorandum can be
accessed directly on the internet at https://www.trade.gov/ia/. The
signed Final Decision Memorandum and the electronic versions of the
Final Decision Memorandum are identical in content.
Rescission of Review in Part and PRC-Wide Entity
Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review, in whole or in part, if a party that requested
the review withdraws the request within 90 days of the date of
publication of the initiation notice of the requested review. As stated
in the Preliminary Results, for 25 of the 26 companies for which the
Department initiated this administrative review, GEO was the only party
that requested the review. On July 30, 2012, GEO timely withdrew its
review requests for all 26 companies. Therefore, with the exception of
Baoding Mantong, which requested its own review and is the sole
mandatory respondent in this proceeding, the Department preliminary
rescinded the review for all other companies named in the Initiation
Notice.\5\
---------------------------------------------------------------------------
\5\ See Appendix II for a list of these companies.
---------------------------------------------------------------------------
For these final results, the Department is rescinding the review
with respect to companies on which this review was initiated but had
not previously received a separate rate status. As described above, GEO
withdrew its review request covering these companies. While the review
request was withdrawn in a timely manner, these companies have not
previously received separate rate status and, as such, remain part of
the PRC-wide entity. The Department did not rescind this review at the
time of the preliminary results for those companies that had not timely
withdrawn their request for review nor established their eligibility
for a separate rate in this review, i.e., Baoding Mantong, and are
considered part of the PRC-wide entity which is under review.
Changes Since the Preliminary Results
Based on a review of the record and comments received from parties
regarding our Preliminary Results, we have made no changes the
antidumping duty rate assigned to the PRC-wide entity, including
Baoding Mantong, in these final results of review.
Final Results of the Review
The Department has determined that the following weighted-average
dumping margin exists for the period March 1, 2011, through February
29, 2012:
------------------------------------------------------------------------
Exporter Margin
------------------------------------------------------------------------
PRC-wide entity (including Baoding Mantong Fine 453.79%
Chemistry Co., Ltd.)...................................
------------------------------------------------------------------------
Assessment Rates
Consistent with these final results, and pursuant to section
751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19
CFR 351.212(b)(1), the Department will direct U.S. Customs and Border
Protection (CBP) to assess antidumping duties on all appropriate
entries. The Department will issue appropriate assessment instructions
to CBP 15 days after the date of publication of the final results of
this review. We will instruct CBP to liquidate entries of subject
merchandise exported by the PRC-wide entity at the ad valorem rate of
453.79 percent of entered value.
The Department previously announced a refinement to its assessment
practice in non-market economy (NME) cases.\6\ Pursuant to this
refinement in practice, for entries that were not reported in the U.S.
sales databases submitted by companies individually examined during
this review, the Department will instruct CBP to liquidate such entries
at the 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\
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\6\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
\7\ Id. at 65694.
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Cash-Deposit Requirements
The following cash-deposit requirements will be effective upon
publication of these final results of review for all shipments of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the publication date, as provided by section
751(a)(2)(C) of the Act: (1) For the PRC-wide entity (including Baoding
Mantong), the cash deposit rate will be the rate established in the
final results of this review; (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 exporter-specific rate; (3) for all PRC
exporters of subject merchandise which 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 exporters that supplied
that non-PRC exporter. These cash deposit requirements, when imposed,
shall remain in effect until further notice.
[[Page 20893]]
Notification to Importers
This notice 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 period of review. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, 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: April 1, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
Comment 1: Baoding Mantong's Untimely Withdrawal of Review Request
and Rescission of the Administrative Review with Respect to Baoding
Mantong
Comment 2: The Department's Selection of the Adverse Facts Available
Margin for Baoding Mantong
Appendix II
Companies Without Previous Separate Rates Status for Which the Review
Request Was Withdrawn
1. A&A Pharmachem Inc.
2. Advance Exports
3. AICO Laboratories India Ltd.
4. Avid Organics Pvt. Ltd.
5. Chiyuen International Trading Ltd.
6. E-Heng Import and Export Co., Ltd.
7. General Ingredient Inc.
8. Hebei Donghua Chemical General Corporation
9. Hebei Donghua Jiheng Fine Chemical Co., Ltd.
10. Jiangsu Dongchang Chemical
11. Jizhou City Huayang Chemical Co., Ltd.
12. Kissner Milling Co. Ltd.
13. Nantong Dongchang Chemical Industrial Co. Ltd.
14. Ningbo Create-Bio Engineering Co. Ltd.
15. Nutracare International
16. Paras Intermediates Pvt. Ltd.
17. Qingdao Samin Chemical Co., Ltd.
18. Ravi Industries
19. Salvi Chemical Industries
20. Shanghai Waseta International Trading
21. Showa Denko K.K.
22. Tianjin Tiancheng Pharmaceutical Company
23. Wisent Pharma Inc.
24. XPAC Technologies Inc.
25. Yuki Gosei Kogyo Co., Ltd.
[FR Doc. 2013-08108 Filed 4-5-13; 8:45 am]
BILLING CODE 3510-DS-P
