Polyvinyl Alcohol From Taiwan: Preliminary Results of Antidumping Duty Administrative Review; 2010-2012, 20890-20891 [2013-08110]

Download as PDF 20890 Federal Register / Vol. 78, No. 67 / Monday, April 8, 2013 / Notices possibly be deferred or reduced on foreign status production equipment. The proposed scope of authority under FTZ procedures would only involve micro-denier suede upholstery fabrics finished with a hot caustic soda solution process, as detailed in the notification (duty rate ranges from 2.7 to 17.2%). All other material inputs used in the production activity would be in domestic (duty paid) status. Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board’s Executive Secretary at the address below. The closing period for their receipt is May 20, 2013. A copy of the notification will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the FTZ Board’s Web site, which is accessible via www.trade.gov/ftz. For further information, contact Pierre Duy at Pierre.Duy@trade.gov, or (202) 482–1378. Dated: April 2, 2013. Andrew McGilvray, Executive Secretary. [FR Doc. 2013–08113 Filed 4–5–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–583–841] Polyvinyl Alcohol From Taiwan: Preliminary Results of Antidumping Duty Administrative Review; 2010– 2012 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on polyvinyl alcohol (PVA) from Taiwan. The period of review (POR) is September 13, 2010, through February 29, 2012. The review covers one producer/exporter of the subject merchandise, Chang Chun Petrochemical Co., Ltd. (CCPC). We preliminarily find that CCPC has not sold subject merchandise at less than normal value. DATES: Effective Date: April 8, 2013 FOR FURTHER INFORMATION CONTACT: Sandra Dreisonstok or Minoo Hatten, AD/CVD Operations, Office 1, Import Administration, International Trade mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: VerDate Mar<15>2010 20:02 Apr 05, 2013 Jkt 229001 Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0768, and (202) 482–1690, respectively. SUPPLEMENTARY INFORMATION: Scope of the Order The merchandise subject to the order is PVA. The PVA subject to the order is currently classifiable under subheading 3905.30.00 of the Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS subheading is provided for convenience and customs purposes. A full description of the scope of the order is contained in the memorandum from Edward C. Yang, Senior Director, China/ Non-Market Economy Unit, to Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration, ‘‘Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Polyvinyl Alcohol from Taiwan; 2010–2012’’ dated concurrently with this notice (‘‘Preliminary Decision Memorandum’’), which is hereby adopted by this notice. The written description is dispositive. 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’’). Access to IA ACCESS is available to registered users at https:// iaaccess.trade.gov and is available to all parties 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. Methodology The Department has conducted this review in accordance with section 751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price is calculated in accordance with section 772 of the Act. Normal value is calculated in accordance with section 773 of the Act. In accordance with section 773(b) of the Act, we disregarded certain sales by CCPC in the home market which were made at below-cost prices. To determine the appropriate comparison method, the Department applied a ‘‘differential pricing’’ analysis and has preliminarily determined to use the average-toaverage method in making comparisons of export price and normal value for PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 CCPC. For a full description of the methodology underlying our conclusions, see Preliminary Decision Memorandum. Preliminary Results of Review As a result of this review, we preliminarily determine that a weighted-average dumping margin of 0.00 percent exists for CCPC for the period September 13, 2010, through February 29, 2012. Disclosure and Public Comment Pursuant to 19 CFR 351.309(c), interested parties may submit cases briefs not later than 30 days after the date of publication of this notice.1 Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.2 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.3 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Import Administration, filed electronically via IA ACCESS. An electronically filed document must be received successfully in its entirety by the Department’s electronic records system, IA ACCESS, by 5 p.m. Eastern Time within 30 days after the date of publication of this notice. Requests should contain: (1) The party’s name, address and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. The Department intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon completion of the administrative review, the Department shall determine and U.S. Customs and Border Protection (CBP) shall assess antidumping duties on all appropriate entries. If CCPC’s weighted-average dumping margin is not zero or de minimis in the final results of this review, we will calculate an importerspecific assessment rate on the basis of 1 See 19 CFR 351.309(c)(1). 19 CFR 351.309(d). 3 See 19 CFR 351.309(d)(2) and (d)(2). 2 See E:\FR\FM\08APN1.SGM 08APN1 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). VerDate Mar<15>2010 20:02 Apr 05, 2013 Jkt 229001 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. E:\FR\FM\08APN1.SGM 08APN1

Agencies

[Federal Register Volume 78, Number 67 (Monday, April 8, 2013)]
[Notices]
[Pages 20890-20891]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08110]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-841]


Polyvinyl Alcohol From Taiwan: Preliminary Results of Antidumping 
Duty Administrative Review; 2010-2012

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on polyvinyl 
alcohol (PVA) from Taiwan. The period of review (POR) is September 13, 
2010, through February 29, 2012. The review covers one producer/
exporter of the subject merchandise, Chang Chun Petrochemical Co., Ltd. 
(CCPC). We preliminarily find that CCPC has not sold subject 
merchandise at less than normal value.

DATES: Effective Date: April 8, 2013

FOR FURTHER INFORMATION CONTACT: Sandra Dreisonstok or Minoo Hatten, 
AD/CVD Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0768, and (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise subject to the order is PVA. The PVA subject to the 
order is currently classifiable under subheading 3905.30.00 of the 
Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS 
subheading is provided for convenience and customs purposes. A full 
description of the scope of the order is contained in the memorandum 
from Edward C. Yang, Senior Director, China/Non-Market Economy Unit, to 
Ronald K. Lorentzen, Acting Assistant Secretary for Import 
Administration, ``Decision Memorandum for Preliminary Results of 
Antidumping Duty Administrative Review: Polyvinyl Alcohol from Taiwan; 
2010-2012'' dated concurrently with this notice (``Preliminary Decision 
Memorandum''), which is hereby adopted by this notice. The written 
description is dispositive.
    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''). Access to IA ACCESS is available to registered users at 
https://iaaccess.trade.gov and is available to all parties 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.

Methodology

    The Department has conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price 
is calculated in accordance with section 772 of the Act. Normal value 
is calculated in accordance with section 773 of the Act. In accordance 
with section 773(b) of the Act, we disregarded certain sales by CCPC in 
the home market which were made at below-cost prices. To determine the 
appropriate comparison method, the Department applied a ``differential 
pricing'' analysis and has preliminarily determined to use the average-
to-average method in making comparisons of export price and normal 
value for CCPC. For a full description of the methodology underlying 
our conclusions, see Preliminary Decision Memorandum.

Preliminary Results of Review

    As a result of this review, we preliminarily determine that a 
weighted-average dumping margin of 0.00 percent exists for CCPC for the 
period September 13, 2010, through February 29, 2012.

Disclosure and Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit cases 
briefs not later than 30 days after the date of publication of this 
notice.\1\ Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed not later than five days after the date for filing 
case briefs.\2\ Parties who submit case briefs or rebuttal briefs in 
this proceeding are encouraged to submit with each argument: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities.\3\
---------------------------------------------------------------------------

    \1\ See 19 CFR 351.309(c)(1).
    \2\ See 19 CFR 351.309(d).
    \3\ See 19 CFR 351.309(d)(2) and (d)(2).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Import Administration, 
filed electronically via IA ACCESS. An electronically filed document 
must be received successfully in its entirety by the Department's 
electronic records system, IA ACCESS, by 5 p.m. Eastern Time within 30 
days after the date of publication of this notice. Requests should 
contain: (1) The party's name, address and telephone number; (2) the 
number of participants; and (3) a list of issues to be discussed. 
Issues raised in the hearing will be limited to those raised in the 
respective case briefs. The Department intends to issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised in any written briefs, not later than 120 
days after the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act.

Assessment Rates

    Upon completion of the administrative review, the Department shall 
determine and U.S. Customs and Border Protection (CBP) shall assess 
antidumping duties on all appropriate entries. If CCPC's weighted-
average dumping margin is not zero or de minimis in the final results 
of this review, we will calculate an importer-specific assessment rate 
on the basis of

[[Page 20891]]

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 importer-specific 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{time} 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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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 all-others 
rate if there is no rate for the intermediate company(ies) involved in 
the transaction.
---------------------------------------------------------------------------

    \5\ For a full discussion of this clarification, see Antidumping 
and Countervailing Duty Proceedings: Assessment of Antidumping 
Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

Cash Deposit Requirements

    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 manufacturers or exporters will 
continue to be 3.08 percent, the all-others 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
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