Frontseating Service Valves From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2011-2012, 27954-27956 [2013-11194]
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27954
Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
CFR 400.2(c)) as an option for the
establishment or reorganization of
zones;
Whereas, the FTZ Corporation of
Southern Pennsylvania, grantee of
Foreign-Trade Zone 147, submitted an
application to the Board (FTZ Docket B–
79–2012, docketed 11–1–2012) for
authority to reorganize under the ASF
with a service area of Berks,
Cumberland, Dauphin, Franklin,
Lancaster and York Counties,
Pennsylvania, in and adjacent to the
Harrisburg Customs and Border
Protection port of entry, FTZ 147’s
existing Sites 1–5, 7–14, 16–19 and 23–
26 would be categorized as magnet sites,
and FTZ 147’s existing Sites 20–22
would be categorized as usage-driven
sites;
Whereas, notice inviting public
comment was given in the Federal
Register (77 FR 66796–66797, 11/7/
2012) and the application has been
processed pursuant to the FTZ Act and
the Board’s regulations; and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and the
Board’s regulations are satisfied;
Now, therefore, the Board hereby
orders:
The application to reorganize FTZ 147
under the ASF is approved, subject to
the FTZ Act and the Board’s regulations,
including Section 400.13, to the Board’s
standard 2,000-acre activation limit for
the zone, and to a five-year ASF sunset
provision for magnet sites that would
terminate authority for Sites 2–5, 7–14,
16–19 and 23–26 if not activated by
April 30, 2018 and to a three-year ASF
sunset provision for usage-driven sites
that would terminate authority for Sites
20–22 if no foreign-status merchandise
is admitted for a bona fide customs
purpose by April 30, 2016.
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–933]
Frontseating Service Valves From the
People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review; 2011–
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 frontseating
service valves from the People’s
Republic of China (‘‘PRC’’). The period
of review (‘‘POR’’) is April 1, 2011,
through March 31, 2012. The review
covers two exporters of subject
merchandise, Zhejiang DunAn Hetian
Metal Co., Ltd. (‘‘DunAn’’) and Zhejiang
Sanhua Co., Ltd. (‘‘Sanhua’’). The
Department preliminarily finds that
DunAn did not have reviewable
transactions during the POR. In
addition, we preliminarily determine
that Sanhua made sales of subject
merchandise at less than normal value
during the POR.
DATES: Effective Date: May 13, 2013.
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita, AD/CVD Operations,
Office 8, Import Administration,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–4243.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Order
The merchandise covered by this
order is frontseating service valves,
assembled or unassembled, complete or
incomplete, and certain parts thereof of
any size, configuration, material
composition or connection type.1
Frontseating service valves are classified
under subheading 8481.80.1095, and
Signed at Washington, DC, this 30th day of also have been classified under
April 2013.
subheading 8415.90.80.85, of the
Paul Piquado,
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’). It is possible
Assistant Secretary of Commerce for Import
Administration, Alternate Chairman, Foreign- for frontseating service valves to be
manufactured out of primary materials
Trade Zones Board.
Attest: lllllllllllllll other than copper and brass, in which
case they would be classified under
HTSUS subheadings 8481.80.3040,
Andrew McGilvray,
8481.80.3090, or 8481.80.5090. In
Executive Secretary.
addition, if unassembled or incomplete
[FR Doc. 2013–11206 Filed 5–10–13; 8:45 am]
frontseating service valves are imported,
BILLING CODE 3510–DS–P
1 See Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative
Review issued concurrently with this notice for a
complete description of the Scope of the Order.
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16:13 May 10, 2013
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the various parts or components would
be classified under HTSUS subheadings
8481.90.1000, 8481.90.3000, or
8481.90.5000. The HTSUS subheadings
are provided for convenience and
customs purposes, but the written
description of the scope of this
proceeding is dispositive.2
Preliminary Determination of No
Shipments for DunAn
DunAn submitted a timely-filed
certification indicating that it had no
shipments of subject merchandise to the
United States during the POR.3
Consistent with its practice, the
Department asked U.S. Customs and
Border Protection (‘‘CBP’’) to conduct a
query on potential shipments made by
DunAn during the POR; CBP did not
provide any evidence that contradicts
DunAn’s claim of no shipments.4
Further, on August 2, 2012, the
Department released to interested
parties the results of the CBP query that
it intended to use for corroboration of
DunAn’s no shipment claims.5 The
Department received no comments from
interested parties concerning the results
of the CBP query.
Based on DunAn’s certification and
our analysis of CBP information, we
preliminarily determine that DunAn did
not have any reviewable transactions
during the POR. In addition, the
Department finds that, consistent with
its recently announced refinement to its
assessment practice in non-market
economy (‘‘NME’’) cases, it is
appropriate not to rescind the review in
part in this circumstance, but rather to
complete the review with respect to
DunAn and issue appropriate
instructions to CBP based on the final
results of the review.6
Methodology
The Department has conducted this
review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as
amended (‘‘the Act’’). Constructed
2 See Antidumping Duty Order: Frontseating
Service Valves from the People’s Republic of China,
74 FR 19196 (April 28, 2009) (‘‘Order’’).
3 See letter from DunAn, ‘‘No Shipment Letter for
Zhejiang DunAn Hetian Metal Co., Ltd.: Third
Annual Administrative Review of the Antidumping
Duty Order on Frontseating Service Valves from the
People’s Republic of China, A–570–933 (POR:
04/01/11–03/31/12),’’ dated July 19, 2012.
4 See CBP Message Number, 2240301, dated
08/27/2012.
5 See Memorandum to the File, ‘‘2011–2012
Administrative Review of Frontseating Service
Valves from the People’s Republic of China: U.S.
Customs and Border Protection Data,’’ dated August
2, 2012.
6 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011) and the
‘‘Assessment Rates’’ section, below.
E:\FR\FM\13MYN1.SGM
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Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Notices
export prices have been calculated in
accordance with section 772(b) of the
Act. Because the PRC is a NME within
the meaning of section 771(18) of the
Act, normal value has been calculated
in accordance with section 773(c) of the
Act. Specifically, the respondents’
factors of production have been valued
in the Philippines (when available),
which is a market economy country that
is economically comparable to the PRC
and is a significant producer of
comparable merchandise.7 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
constructed export price and normal
value for Sanhua.
For a full description of the
methodology underlying our
preliminary determinations, please see
‘‘Decision Memorandum for Preliminary
Results of 2011–2012 Antidumping
Duty Administrative Review:
Frontseating Service Valves 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 concurrent with
this notice (‘‘Preliminary Decision
Memorandum’’) and hereby adopted by
this notice. 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, 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.
tkelley on DSK3SPTVN1PROD with NOTICES
Preliminary Results of Review
The Department preliminarily
determines that the following weightedaverage dumping margin exists for the
POR April 1, 2011, through March 31,
2012:
7 See Memorandum to Eugene Degnan, ‘‘Request
for a List of Surrogate Countries for an
Administrative Review of the Antidumping Duty
Order on Frontseating Service Valves (‘‘FSV’’) from
the People’s Republic of China (‘‘China’’), dated
August 29, 2012 (‘‘Surrogate Country
Memorandum’’).
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16:13 May 10, 2013
Jkt 229001
Exporter
Weighted average dumping
margin
Zhejiang Sanhua Co., Ltd. ...
9.03
Disclosure and Public Comment
The Department intends to disclose to
the parties the calculations performed
for these preliminary results within five
days of the date of publication of this
notice in accordance with 19 CFR
351.224(b). Interested parties may
submit written comments no later than
30 days after the date of publication of
these preliminary results of review.8
Rebuttals to written comments may be
filed no later than five days after the
written comments are filed.9
Any interested party may request a
hearing within 30 days of publication of
this notice.10 Hearing requests should
contain the following information: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations will
be limited to issues raised in the briefs.
If a request for a hearing is made, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230.11
Unless otherwise extended, the
Department intends to issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in any such
comments, within 120 days of
publication of these preliminary results,
pursuant to section 751(a)(3)(A) of the
Act.
Deadline for Submission of Publicly
Available Surrogate Value Information
In accordance with 19 CFR
351.301(c)(3)(ii), the deadline for
submission of publicly available
information to value factors of
production under 19 CFR 351.408(c) is
20 days after the date of publication of
the preliminary results. In accordance
with 19 CFR 351.301(c)(1), if an
interested party submits factual
information less than ten days before,
on, or after (if the Department has
extended the deadline), the applicable
deadline for submission of such factual
information, an interested party may
submit factual information to rebut,
clarify, or correct the factual
information no later than ten days after
such factual information is served on
8 See
19 CFR 351.309(c).
19 CFR 351.309(d).
10 See 19 CFR 351.310(c).
11 See 19 CFR 351.310(d)(1).
9 See
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27955
the interested party. However, the
Department generally will not accept in
the rebuttal submission additional or
alternative surrogate value information
not previously on the record, if the
deadline for submission of surrogate
value information has passed.12
Furthermore, the Department generally
will not accept business proprietary
information in either the surrogate value
submissions or the rebuttals thereto, as
the regulation regarding the submission
of surrogate values allows only for the
submission of publicly available
information.13
Assessment Rates
Upon issuance of the final results of
this review, the Department will
determine, and CBP shall assess,
antidumping duties on all appropriate
entries covered by this review.14 The
Department intends to issue appropriate
assessment instructions to CBP 15 days
after publication of the final results of
this review.
For any individually examined
respondent whose weighted-average
dumping margin is above de minimis,
we will calculate importer-specific ad
valorem duty assessment rates based on
the ratio of the total amount of dumping
calculated for the importer’s examined
sales to the total entered value of those
same sales in accordance with 19 CFR
351.212(b)(1).15 For duty assessment
rates calculated on this basis, we will
direct CBP to assess the resulting ad
valorem rate against the entered
customs values for the subject
merchandise.
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 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 PRC-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
12 See, e.g., Glycine from the People’s Republic of
China: Final Results of Antidumping Duty
Administrative Review and Final Rescission, in
Part, 72 FR 58809 (October 17, 2007), and
accompanying Issues and Decision Memorandum at
Comment 2.
13 See 19 CFR 351.301(c)(3).
14 See 19 CFR 351.212(b)(1).
15 In these preliminary results, the Department
applied the assessment rate calculation method
adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
E:\FR\FM\13MYN1.SGM
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27956
Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Notices
number (i.e., at that exporter’s rate) will
be liquidated at the PRC-wide rate.16
The final results of this review shall
be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing notice
of these results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
Cash Deposit Requirements
The following cash deposit
requirements, when imposed, will apply
to all shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) For
DunAn, which claimed no shipments,
the cash deposit rate will remain
unchanged from the rate assigned to
DunAn in the most recently completed
review of the company; (2) for Sanhua,
which has a separate rate, the cash
deposit rate will be the one established
in the final results of this review
(except, if the rate is zero or de minimis,
then zero cash deposit will be required);
(3) for any previously investigated or
reviewed PRC and non-PRC exporter
that is not under review in this segment
of the proceeding but that received a
separate rate in a previous segment, the
cash deposit rate will continue to be the
exporter-specific rate published for the
most recent period; (4) 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 the PRC-wide rate of 55.62 percent,
which is rate assigned to the PRC-Wide
Entity in the investigation; 17 and (5) 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(s) that supplied that non-PRC
exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Dated; May 2, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
tkelley on DSK3SPTVN1PROD with NOTICES
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
16 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011).
17 See Frontseating Service Valves from the
People’s Republic of China: Final Determination of
Sales at Less Than Fair Value and Final Negative
Determination of Critical Circumstances, 74 FR
10886 (March 13, 2009) (‘‘Final Determination’’).
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16:13 May 10, 2013
Jkt 229001
Appendix I—List of Topics Discussed in
the Preliminary Decision Memorandum
1. Background
2. Scope of the Order
3. Non-Market Economy Country
4. Separate Rates
5. Surrogate Country and Surrogate Value
Data
6. Surrogate Country
7. Economic Comparability
8. Significant Producers of Identical or
Comparable Merchandise
9. Data Availability
10. Date of Sale
11. Comparisons to Normal Value
12. Constructed Export Price
13. Normal Value
14. Factor Valuations
15. Currency Conversion
[FR Doc. 2013–11194 Filed 5–10–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–BD25
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic;
Amendment 39 to the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of Intent (NOI) to prepare
a draft environmental impact statement
(DEIS); notice of public hearings;
request for comments.
AGENCY:
SUMMARY: NMFS, Southeast Region, in
collaboration with the Gulf of Mexico
Fishery Management Council (Council)
intends to prepare a DEIS to describe
and analyze a range of alternatives for
management actions to be included in
Amendment 39 to the Fishery
Management Plan (FMP) for the Reef
Fish Resources of the Gulf of Mexico
(Amendment 39). The purpose of this
NOI is to inform the public of upcoming
opportunities to provide comments on
PO 00000
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Fmt 4703
Sfmt 4703
the actions to be addressed in the DEIS,
as specified in this notice.
DATES: Written comments on the scope
of issues to be addressed in the DEIS
must be received by NMFS by June 12,
2013.
ADDRESSES: You may submit comments
on this document, identified by
‘‘NOAA–NMFS–2013–0078’’, by any of
the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-2013–
0078, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Cynthia Meyer, Southeast Regional
Office, NMFS, 263 13th Avenue South,
St., Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT:
Cynthia Meyer; phone: (727) 824–5305;
email: Cynthia.Meyer@noaa.gov.
SUPPLEMENTARY INFORMATION: Currently,
Federal management measures for the
recreational harvest of red snapper are
consistent for the entire Gulf exclusive
economic zone (EEZ). These
management measures include a fishing
season, bag limit, and minimum size
limit. Since 1996, the recreational
fishing season for red snapper has
become progressively shorter. Shorter
seasons have continued despite an
annual increase in the quota since 2010,
because the quota continues to be
harvested in a shorter amount of time.
In Amendment 39, the Council is
considering management measures to
modify and facilitate management of the
recreational red snapper component of
the reef fish fishery by reorganizing the
Federal fishery management strategy to
better account for biological, social, and
economic differences among the regions
of the Gulf of Mexico (Gulf). Regional
E:\FR\FM\13MYN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 92 (Monday, May 13, 2013)]
[Notices]
[Pages 27954-27956]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11194]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-933]
Frontseating Service Valves From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review; 2011-
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 frontseating
service valves from the People's Republic of China (``PRC''). The
period of review (``POR'') is April 1, 2011, through March 31, 2012.
The review covers two exporters of subject merchandise, Zhejiang DunAn
Hetian Metal Co., Ltd. (``DunAn'') and Zhejiang Sanhua Co., Ltd.
(``Sanhua''). The Department preliminarily finds that DunAn did not
have reviewable transactions during the POR. In addition, we
preliminarily determine that Sanhua made sales of subject merchandise
at less than normal value during the POR.
DATES: Effective Date: May 13, 2013.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, AD/CVD Operations,
Office 8, Import Administration, International Trade Administration,
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-4243.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise covered by this order is frontseating service
valves, assembled or unassembled, complete or incomplete, and certain
parts thereof of any size, configuration, material composition or
connection type.\1\ Frontseating service valves are classified under
subheading 8481.80.1095, and also have been classified under subheading
8415.90.80.85, of the Harmonized Tariff Schedule of the United States
(``HTSUS''). It is possible for frontseating service valves to be
manufactured out of primary materials other than copper and brass, in
which case they would be classified under HTSUS subheadings
8481.80.3040, 8481.80.3090, or 8481.80.5090. In addition, if
unassembled or incomplete frontseating service valves are imported, the
various parts or components would be classified under HTSUS subheadings
8481.90.1000, 8481.90.3000, or 8481.90.5000. The HTSUS subheadings are
provided for convenience and customs purposes, but the written
description of the scope of this proceeding is dispositive.\2\
---------------------------------------------------------------------------
\1\ See Decision Memorandum for the Preliminary Results of
Antidumping Duty Administrative Review issued concurrently with this
notice for a complete description of the Scope of the Order.
\2\ See Antidumping Duty Order: Frontseating Service Valves from
the People's Republic of China, 74 FR 19196 (April 28, 2009)
(``Order'').
---------------------------------------------------------------------------
Preliminary Determination of No Shipments for DunAn
DunAn submitted a timely-filed certification indicating that it had
no shipments of subject merchandise to the United States during the
POR.\3\ Consistent with its practice, the Department asked U.S. Customs
and Border Protection (``CBP'') to conduct a query on potential
shipments made by DunAn during the POR; CBP did not provide any
evidence that contradicts DunAn's claim of no shipments.\4\ Further, on
August 2, 2012, the Department released to interested parties the
results of the CBP query that it intended to use for corroboration of
DunAn's no shipment claims.\5\ The Department received no comments from
interested parties concerning the results of the CBP query.
---------------------------------------------------------------------------
\3\ See letter from DunAn, ``No Shipment Letter for Zhejiang
DunAn Hetian Metal Co., Ltd.: Third Annual Administrative Review of
the Antidumping Duty Order on Frontseating Service Valves from the
People's Republic of China, A-570-933 (POR: 04/01/11-03/31/12),''
dated July 19, 2012.
\4\ See CBP Message Number, 2240301, dated 08/27/2012.
\5\ See Memorandum to the File, ``2011-2012 Administrative
Review of Frontseating Service Valves from the People's Republic of
China: U.S. Customs and Border Protection Data,'' dated August 2,
2012.
---------------------------------------------------------------------------
Based on DunAn's certification and our analysis of CBP information,
we preliminarily determine that DunAn did not have any reviewable
transactions during the POR. In addition, the Department finds that,
consistent with its recently announced refinement to its assessment
practice in non-market economy (``NME'') cases, it is appropriate not
to rescind the review in part in this circumstance, but rather to
complete the review with respect to DunAn and issue appropriate
instructions to CBP based on the final results of the review.\6\
---------------------------------------------------------------------------
\6\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and
the ``Assessment Rates'' section, below.
---------------------------------------------------------------------------
Methodology
The Department has conducted this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (``the Act'').
Constructed
[[Page 27955]]
export prices have been calculated in accordance with section 772(b) of
the Act. Because the PRC is a NME within the meaning of section 771(18)
of the Act, normal value has been calculated in accordance with section
773(c) of the Act. Specifically, the respondents' factors of production
have been valued in the Philippines (when available), which is a market
economy country that is economically comparable to the PRC and is a
significant producer of comparable merchandise.\7\ 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 constructed export price and
normal value for Sanhua.
---------------------------------------------------------------------------
\7\ See Memorandum to Eugene Degnan, ``Request for a List of
Surrogate Countries for an Administrative Review of the Antidumping
Duty Order on Frontseating Service Valves (``FSV'') from the
People's Republic of China (``China''), dated August 29, 2012
(``Surrogate Country Memorandum'').
---------------------------------------------------------------------------
For a full description of the methodology underlying our
preliminary determinations, please see ``Decision Memorandum for
Preliminary Results of 2011-2012 Antidumping Duty Administrative
Review: Frontseating Service Valves 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 concurrent with
this notice (``Preliminary Decision Memorandum'') and hereby adopted by
this notice. 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, 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 preliminarily determines that the following
weighted-average dumping margin exists for the POR April 1, 2011,
through March 31, 2012:
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Weighted
Exporter average dumping
margin
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Zhejiang Sanhua Co., Ltd............................... 9.03
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Disclosure and Public Comment
The Department intends to disclose to the parties the calculations
performed for these preliminary results within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit written comments no later than 30 days
after the date of publication of these preliminary results of
review.\8\ Rebuttals to written comments may be filed no later than
five days after the written comments are filed.\9\
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\8\ See 19 CFR 351.309(c).
\9\ See 19 CFR 351.309(d).
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Any interested party may request a hearing within 30 days of
publication of this notice.\10\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230.\11\
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\10\ See 19 CFR 351.310(c).
\11\ See 19 CFR 351.310(d)(1).
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Unless otherwise extended, the Department intends to issue the
final results of this administrative review, which will include the
results of its analysis of issues raised in any such comments, within
120 days of publication of these preliminary results, pursuant to
section 751(a)(3)(A) of the Act.
Deadline for Submission of Publicly Available Surrogate Value
Information
In accordance with 19 CFR 351.301(c)(3)(ii), the deadline for
submission of publicly available information to value factors of
production under 19 CFR 351.408(c) is 20 days after the date of
publication of the preliminary results. In accordance with 19 CFR
351.301(c)(1), if an interested party submits factual information less
than ten days before, on, or after (if the Department has extended the
deadline), the applicable deadline for submission of such factual
information, an interested party may submit factual information to
rebut, clarify, or correct the factual information no later than ten
days after such factual information is served on the interested party.
However, the Department generally will not accept in the rebuttal
submission additional or alternative surrogate value information not
previously on the record, if the deadline for submission of surrogate
value information has passed.\12\ Furthermore, the Department generally
will not accept business proprietary information in either the
surrogate value submissions or the rebuttals thereto, as the regulation
regarding the submission of surrogate values allows only for the
submission of publicly available information.\13\
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\12\ See, e.g., Glycine from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review and Final
Rescission, in Part, 72 FR 58809 (October 17, 2007), and
accompanying Issues and Decision Memorandum at Comment 2.
\13\ See 19 CFR 351.301(c)(3).
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Assessment Rates
Upon issuance of the final results of this review, the Department
will determine, and CBP shall assess, antidumping duties on all
appropriate entries covered by this review.\14\ The Department intends
to issue appropriate assessment instructions to CBP 15 days after
publication of the final results of this review.
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\14\ See 19 CFR 351.212(b)(1).
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For any individually examined respondent whose weighted-average
dumping margin is above de minimis, we will calculate importer-specific
ad valorem duty assessment rates based on the ratio of the total amount
of dumping calculated for the importer's examined sales to the total
entered value of those same sales in accordance with 19 CFR
351.212(b)(1).\15\ For duty assessment rates calculated on this basis,
we will direct CBP to assess the resulting ad valorem rate against the
entered customs values for the subject merchandise.
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\15\ In these preliminary results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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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 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 PRC-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
[[Page 27956]]
number (i.e., at that exporter's rate) will be liquidated at the PRC-
wide rate.\16\
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\16\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011).
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The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements, when imposed, will apply
to all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication of the final
results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) For DunAn, which claimed no shipments, the
cash deposit rate will remain unchanged from the rate assigned to DunAn
in the most recently completed review of the company; (2) for Sanhua,
which has a separate rate, the cash deposit rate will be the one
established in the final results of this review (except, if the rate is
zero or de minimis, then zero cash deposit will be required); (3) for
any previously investigated or reviewed PRC and non-PRC exporter that
is not under review in this segment of the proceeding but that received
a separate rate in a previous segment, the cash deposit rate will
continue to be the exporter-specific rate published for the most recent
period; (4) 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 the PRC-wide rate of 55.62 percent, which is rate assigned to
the PRC-Wide Entity in the investigation; \17\ and (5) 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(s) that supplied that non-PRC exporter. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\17\ See Frontseating Service Valves from the People's Republic
of China: Final Determination of Sales at Less Than Fair Value and
Final Negative Determination of Critical Circumstances, 74 FR 10886
(March 13, 2009) (``Final Determination'').
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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 Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing notice of these results in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated; May 2, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Background
2. Scope of the Order
3. Non-Market Economy Country
4. Separate Rates
5. Surrogate Country and Surrogate Value Data
6. Surrogate Country
7. Economic Comparability
8. Significant Producers of Identical or Comparable Merchandise
9. Data Availability
10. Date of Sale
11. Comparisons to Normal Value
12. Constructed Export Price
13. Normal Value
14. Factor Valuations
15. Currency Conversion
[FR Doc. 2013-11194 Filed 5-10-13; 8:45 am]
BILLING CODE 3510-DS-P
