Silica Bricks and Shapes From the People's Republic of China: Postponement of Preliminary Determination of Antidumping Duty Investigation, 21106-21107 [2013-08233]

Download as PDF 21106 Federal Register / Vol. 78, No. 68 / Tuesday, April 9, 2013 / Notices liquidate the appropriate entries without regard to antidumping duties in accordance with the Final Modification for Reviews, i.e., ‘‘{w}here the weightedaverage margin of dumping for the exporter is determined to be zero or de minimis, no antidumping duties will be assessed.’’ 3 The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003.4 This clarification applies to entries of subject merchandise during the POR produced by Saha Thai 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. Consistent with the Assessment Policy Notice, if we continue to find that Pacific Pipe had no shipments of subject merchandise to the United States in the final results of this review, we intend to instruct CBP to liquidate all existing entries of merchandise produced by Pacific Pipe and exported by other parties at the all-others rate. We intend to issue instructions to CBP 15 days after publication of the final results of this review. sroberts on DSK5SPTVN1PROD with NOTICES Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of circular welded carbon steel pipes and tubes from Thailand entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review, as provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for the company under review will be the rate established in the final results of this review (except, if the rate is zero or de minimis, i.e., less than 0.5 percent, then no cash deposit will be required); (2) for previously reviewed or investigated companies not listed above, 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, a prior review, or the less than fair value (LTFV) investigation, but the manufacturer is, then the cash deposit rate will be the rate established for the most recent period for the manufacturer 3 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101, 8102 (February 14, 2012) (Final Modification for Reviews). 4 For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice). VerDate Mar<15>2010 16:19 Apr 08, 2013 Jkt 229001 of the merchandise; and (4) if neither the exporter nor the manufacturer is a firm covered in this or any previous review or the LTFV investigation, then the cash deposit rate will be the ‘‘allothers’’ rate of 15.67 percent established in the LTFV investigation. See Order. These deposit rates, when imposed, shall remain in effect until further notice. Disclosure and Public Comment We will disclose the calculations used in our analysis to parties in this review within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Any interested party may request a hearing within 30 days of the publication of this notice in the Federal Register.5 If a hearing is requested, the Department will notify interested parties of the hearing schedule. Interested parties are invited to comment on the preliminary results of this review. Unless extended by the Department, interested parties must submit case briefs within 30 days of the date of publication of this notice. Rebuttal briefs, which must be limited to issues raised in the case briefs, must be filed not later than five days after the time limit for filing case briefs. See 19 CFR 351.309(c) and (d). Parties who submit case briefs or rebuttal briefs in this review are requested to submit with each argument: (1) A statement of the issue, (2) a brief summary of the argument, and (3) a table of authorities. Executive summaries should be limited to five pages total, including footnotes.6 We intend to issue the final results of this administrative review, including the results of our analysis of issues raised in the written comments, within 120 days of publication of these preliminary results in the Federal Register, unless otherwise extended. See section 751(a)(3)(A) of the Act. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) 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 5 Parties submitting written comments must submit them pursuant to the Department’s e-filing regulations. See https://iaaccess.trade.gov/help/ IA%20ACCESS%20User%20Guide.pdf or Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). 6 Id. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. These preliminary results of administrative review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: April 2, 2013. Paul Piquado, Assistant Secretary for Import Administration. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum: 1. Scope of the Order 2. Preliminary Determination of No Shipments 3. Comparisons to Normal Value 4. Product Comparisons 5. Date of Sale 6. Export Price 7. Normal Value 8. Currency Conversion [FR Doc. 2013–08234 Filed 4–8–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–988] Silica Bricks and Shapes From the People’s Republic of China: Postponement of Preliminary Determination of Antidumping Duty Investigation Import Administration, International Trade Administration, Department of Commerce. DATES: April 9, 2013. FOR FURTHER INFORMATION CONTACT: Rebecca Pandolph, AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: 202– 482–3627. SUPPLEMENTARY INFORMATION: AGENCY: Postponement of Preliminary Determination On December 12, 2012, the Department of Commerce (‘‘Department’’) published a notice of initiation of an antidumping duty investigation of silica bricks and shapes from the People’s Republic of China.1 The period of investigation is April 1, 2012, through September 30, 2012. The notice of initiation stated that, unless 1 See Silica Bricks and Shapes From the People’s Republic of China: Initiation of Antidumping Duty Investigation, 77 FR 73982 (December 12, 2012). E:\FR\FM\09APN1.SGM 09APN1 Federal Register / Vol. 78, No. 68 / Tuesday, April 9, 2013 / Notices postponed, the Department would issue its preliminary determination for this investigation no later than 140 days after the date of the initiation in accordance with section 773(b)(1)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), and 19 CFR 351.205(b)(1). The preliminary determination of the antidumping duty investigation is currently due no later than April 24, 2013. On March 27, 2013, Utah Refractories Corporation (‘‘Petitioner’’) made a timely request pursuant to section 733(c)(1) of the Act and 19 CFR 351.205(b)(2) and (e) for postponement of the preliminary determination in this investigation.2 Petitioner requested a 50day postponement of the preliminary determination in order to provide sufficient time for review of the questionnaire responses, comment on the responses, issuance of appropriate requests for clarification and/or additional information, and consideration of the surrogate value information for properly valuing the critical factors of production of subject merchandise. For the reasons stated above and because there are no compelling reasons to deny the request, the Department, in accordance with section 733(c)(1)(A) of the Act and 19 CFR 351.205(e), is postponing the deadline for the preliminary determination to no later than 190 days after the date on which the Department initiated this investigation. Therefore, the new deadline for issuing the preliminary determination is June 13, 2013. This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: April 2, 2013. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2013–08233 Filed 4–8–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–489–502] Circular Welded Carbon Steel Pipes and Tubes from Turkey: Preliminary Results of Countervailing Duty Administrative Review; Calendar Year 2011 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the countervailing duty (CVD) order on circular welded carbon steel pipes and tubes from Turkey (pipes and tubes from Turkey) for the period of review (POR) of January 1, 2011, through December 31, 2011. The review covers the following three producers/exporters of subject merchandise: Borusan Group, Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (BMB), and Borusan Istikbal Ticaret T.A.S. (Istikbal), (collectively, Borusan); Erbosan Erciyas Boru Sanayi ve Ticaret A.S. (Erbosan) and Erbosan Erciyas Pipe Industry and Trade Co. Kayseri Free Zone Branch (Erbosan FZB), (collectively Erbosan); and Tosyali dis Ticaret A.S. (Tosyali) and Toscelik Profil ve Sac Endustrisi A.S. (Toscelik Profil), (collectively, Toscelik). We preliminarily determine that Borusan, Erbosan, and Toscelik received countervailable subsidies during the POR but that the companies’ respective total net subsidy rates are less than 0.5 percent ad valorem and, therefore, are de minimis. DATES: Effective Date: April 9, 2013. FOR FURTHER INFORMATION CONTACT: Jolanta Lawska at 202–482–8362 (for Borusan and Erbosan) at 202–482–8362 and John Conniff at 202–482–1009 (for Toscelik), AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. AGENCY: sroberts on DSK5SPTVN1PROD with NOTICES Scope of the Order 2 See Letter from Petitioner to the Honorable Rebecca Blank, Secretary of Commerce, regarding ‘‘Petition for the Imposition of Antidumping Duties: Silica Bricks and Shapes from the People’s Republic of China,’’ dated March 27, 2013. VerDate Mar<15>2010 16:19 Apr 08, 2013 Jkt 229001 The products covered by this order are certain welded carbon steel pipe and tube with an outside diameter of 0.375 inch or more, but not over 16 inches, of any wall thickness (pipe and tube) from Turkey. These products are currently provided for under the Harmonized Tariff Schedule of the United States (HTSUS) as item numbers 7306.30.10, 7306.30.50, and 7306.90.10. Although the HTSUS subheadings are provided for convenience and customs purposes, PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 21107 the written description of the merchandise is dispositive. Methodology The Department has conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we preliminarily determine that there is a subsidy, i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific. See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and, section 771(5A) of the Act regarding specificity. For a full description of the methodology underlying our conclusions, please see Decision Memorandum for Preliminary Results of Countervailing Duty (CVD) Administrative Review: Circular Welded Carbon Steel Pipes and Tubes from Turkey (Preliminary Decision Memorandum) from Edward C. Yang, Senior Director China/Non-Market Economy Unit, to Paul Piquado, Assistant Secretary for Import Administration, dated concurrently with these results and hereby adopted by this notice. In making these findings, we have relied, in part, on an adverse inference in selecting from among the facts otherwise available because one of our respondents, Erbosan, did not act to the best of its ability to respond to the Department’s requests for information as it pertains to the ‘‘Deduction from Taxable Income for Export Revenue’’ program. See section 776(a) and (b) of the Act. The Preliminary Decision Memorandum is a public document and is on file electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). IA ACCESS is available to registered users at https://iaaccess.trade.gov and in the Central Records Unit (CRU), room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at https:// www.trade.gov/ia/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Results of Review The Department has determined that the following preliminary net subsidy E:\FR\FM\09APN1.SGM 09APN1

Agencies

[Federal Register Volume 78, Number 68 (Tuesday, April 9, 2013)]
[Notices]
[Pages 21106-21107]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08233]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-988]


Silica Bricks and Shapes From the People's Republic of China: 
Postponement of Preliminary Determination of Antidumping Duty 
Investigation

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

DATES: April 9, 2013.

FOR FURTHER INFORMATION CONTACT: Rebecca Pandolph, AD/CVD Operations, 
Office 4, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: 202-482-3627.

SUPPLEMENTARY INFORMATION:

Postponement of Preliminary Determination

    On December 12, 2012, the Department of Commerce (``Department'') 
published a notice of initiation of an antidumping duty investigation 
of silica bricks and shapes from the People's Republic of China.\1\ The 
period of investigation is April 1, 2012, through September 30, 2012. 
The notice of initiation stated that, unless

[[Page 21107]]

postponed, the Department would issue its preliminary determination for 
this investigation no later than 140 days after the date of the 
initiation in accordance with section 773(b)(1)(A) of the Tariff Act of 
1930, as amended (``the Act''), and 19 CFR 351.205(b)(1). The 
preliminary determination of the antidumping duty investigation is 
currently due no later than April 24, 2013.
---------------------------------------------------------------------------

    \1\ See Silica Bricks and Shapes From the People's Republic of 
China: Initiation of Antidumping Duty Investigation, 77 FR 73982 
(December 12, 2012).
---------------------------------------------------------------------------

    On March 27, 2013, Utah Refractories Corporation (``Petitioner'') 
made a timely request pursuant to section 733(c)(1) of the Act and 19 
CFR 351.205(b)(2) and (e) for postponement of the preliminary 
determination in this investigation.\2\ Petitioner requested a 50-day 
postponement of the preliminary determination in order to provide 
sufficient time for review of the questionnaire responses, comment on 
the responses, issuance of appropriate requests for clarification and/
or additional information, and consideration of the surrogate value 
information for properly valuing the critical factors of production of 
subject merchandise.
---------------------------------------------------------------------------

    \2\ See Letter from Petitioner to the Honorable Rebecca Blank, 
Secretary of Commerce, regarding ``Petition for the Imposition of 
Antidumping Duties: Silica Bricks and Shapes from the People's 
Republic of China,'' dated March 27, 2013.
---------------------------------------------------------------------------

    For the reasons stated above and because there are no compelling 
reasons to deny the request, the Department, in accordance with section 
733(c)(1)(A) of the Act and 19 CFR 351.205(e), is postponing the 
deadline for the preliminary determination to no later than 190 days 
after the date on which the Department initiated this investigation. 
Therefore, the new deadline for issuing the preliminary determination 
is June 13, 2013.
    This notice is issued and published pursuant to section 733(c)(2) 
of the Act and 19 CFR 351.205(f)(1).

    Dated: April 2, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-08233 Filed 4-8-13; 8:45 am]
BILLING CODE 3510-DS-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.