Polyethylene Retail Carrier Bags From Thailand: Preliminary Results of Antidumping Duty Administrative Review; 2011-2012, 28192-28194 [2013-11319]
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28192
Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Notices
Modification, 77 FR 8101 (February 14,
2012).
We calculated such rates based on the
ratio of the total amount of dumping
calculated for the examined sales to the
total entered value of the sales for which
entered value was reported. If an
importer-specific assessment rate is zero
or de minimis (i.e., less than 0.50
percent) or the exporter has a weightedaverage dumping margin that is zero or
de minimis, the Department will
instruct CBP to assess that importer’s
entries of subject merchandise without
regard to antidumping duties, in
accordance with 19 CFR 351.106(c)(2).
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. This clarification will
apply to entries of subject merchandise
during the POR produced by each
respondent for which they did not know
that their 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. For a full discussion of this
clarification, see Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
mstockstill on DSK4VPTVN1PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
of administrative review for 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entered, or withdrawn from warehouse,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) of the Act: (1) The cash
deposit rate for Deacero 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
administrative 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, a prior
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 20.11
percent, the all-others rate established
in the investigation.4 These cash deposit
4 See Notice of Final Determination of Sales at
Less Than Fair Value: Carbon and Certain Alloy
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requirements, when imposed, shall
remain in effect until further notice.
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 review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
increase in antidumping duties by the
amount of antidumping duties
reimbursed.
Notification to Interested Parties
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
Disclosure
We will disclose the calculations
performed within five days of the date
of publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b). We are issuing and
publishing these results of review in
accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Dated: May 7, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix I
List of Topics Discussed in the Final
Decision Memorandum
Comment 1: Universe of Sales for Assessment
Rate and Cash Deposit Rate
Comment 2: Universe of Sales—Entry Date
vs. Sale Date
Comment 3: Establishing De Minimis
Guidelines for ‘‘Sufficient Sales’’ or
‘‘Meaningful Difference’’
Comment 4: Whether to Automatically Apply
the Average-to-Transaction Methodology to
the Final Results
Comment 5: Whether Nucor’s Argument in
Case Briefs Qualifies as New Information
Comment 6: Whether the Department Erred
in Calculating Inventory Carrying Cost
[FR Doc. 2013–11464 Filed 5–13–13; 8:45 am]
BILLING CODE 3510–DS–P
Steel Wire Rod From Mexico, 67 FR 55800 (August
30, 2002).
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–821]
Polyethylene Retail Carrier Bags From
Thailand: 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
polyethylene retail carrier bags (PRCBs)
from Thailand. The review covers 11
respondents. The period of review
(POR) is August 1, 2011, through July
31, 2012. We preliminarily find that
subject merchandise has been sold at
less than normal value by the
companies subject to this review.
DATES: Effective Date: May 14, 2013.
FOR FURTHER INFORMATION CONTACT:
Dmitry Vladimirov, 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) 482–0665.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Order
The merchandise subject to the
antidumping duty order is polyethylene
retail carrier bags, which are currently
classified under subheading
3923.21.0085 of the Harmonized Tariff
Schedule of the United States (HTSUS).
The HTSUS number is provided for
convenience and customs purposes. A
full description of the scope of the order
is contained in the memorandum from
Christian Marsh, Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations, to Paul
Piquado, Assistant Secretary for Import
Administration, ‘‘Decision
Memorandum for Preliminary Results of
the 2011/12 Antidumping Duty
Administrative Review: Polyethylene
Retail Carrier Bags from Thailand,’’
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://
E:\FR\FM\14MYN1.SGM
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28193
Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Notices
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
We have relied on total facts available
with respect to Trinity Pac Co., Ltd.
(Trinity Pac), the sole company selected
for individual examination in this
review. Because this company did not
act to the best of its ability to respond
to the Department’s requests for
information, we have drawn an adverse
inference in selecting from among the
facts otherwise available.1 We have
preliminarily determined to apply a
122.88 percent rate as adverse facts
available for Trinity Pac.2
Preliminary Determination of No
Reviewable Entries
With respect to TPN FlexPac Co., Ltd.,
we preliminarily determine that it had
no shipments of subject merchandise to
the United States during the POR.3
Rates for Respondents Not Selected for
Individual Examination
Section 735(c)(5)(B) of the Act states
that ‘‘if the estimated weighted average
dumping margins established for all
exporters and producers individually
investigated are zero or de minimis, or
determined entirely under section 776’’
in an investigation, the Department may
‘‘use any reasonable method to establish
the estimated all-others rate for
exporters and producers not
individually investigated.’’ In
administrative reviews, when the
Department does not review all of the
respondents, the Department will rely
on section 735(c)(5) of the Act for
guidance in determining a rate for
companies not individual investigated.
In this administrative review, the only
rate preliminarily applied to an
individually investigated exporter has
been determined pursuant to section
776(a) and (b) of the Act. Therefore,
consistent with section 735(c)(5)(B) of
the Act, we preliminarily determine that
a reasonable method for determining the
weighted-average dumping margins for
the nine non-selected respondents in
this review is to apply an all-others rate
of 4.69 percent.4 This rate is taken from
the Section 129 Determination for the
original antidumping duty
investigation.5
Preliminary Results of Review
As a result of our review, we
preliminarily determine that the
following percentage weighted-average
dumping margins on PRCBs from
Thailand exist for the period August 1,
2011, through July 31, 2012:
Company
Margin percent
Elite Poly and Packaging Co., Ltd ...............................................................................................................................................
Multibax Public Company Limited ...............................................................................................................................................
PMC Innopack Co., Ltd ...............................................................................................................................................................
Prepack Thailand Co., Ltd ...........................................................................................................................................................
TPN FlexPac Co., Ltd ..................................................................................................................................................................
Superpac Corporation Co. Ltd .....................................................................................................................................................
Siam Best Products Trading Limited Partnership .......................................................................................................................
Two Path Plaspack Co. Ltd .........................................................................................................................................................
Sun Pack Inter Co. Ltd ................................................................................................................................................................
Apple Film Company, Ltd ............................................................................................................................................................
Trinity Pac Co. Ltd .......................................................................................................................................................................
4.69
4.69
4.69
4.69
(*)
4.69
4.69
4.69
4.69
4.69
122.88
* No shipments in this review.
mstockstill on DSK4VPTVN1PROD with NOTICES
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.
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. 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.
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
1 See sections 776(a) and (b) of the Tariff Act of
1930, as amended (the Act).
2 For a full description of the methodology
underlying our conclusions, see Preliminary
Decision Memorandum.
VerDate Mar<15>2010
16:52 May 13, 2013
Jkt 229001
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.
3 See
Preliminary Decision Memorandum.
a full description of the methodology
underlying our conclusions, see Preliminary
Decision Memorandum.
4 For
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Assessment Rates
Upon issuance of the final results, the
Department shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review. For the final results, if we
continue to rely on total adverse facts
available to establish Trinity Pac’s
weighted-average dumping margin, we
will instruct CBP to apply an ad
valorem assessment rate of 122.88
percent to all entries of subject
merchandise during the POR which
were produced and/or exported by
Trinity Pac.
For the companies which were not
selected for individual examination and
for which we did not determine that
there were no shipments, we will
5 See Notice of Implementation of Determination
Under Section 129 of the Uruguay Round
Agreements Act and Partial Revocation of the
Antidumping Duty Order on Polyethylene Retail
Carrier Bags From Thailand, 75 FR 48940 (August
12, 2010) (Section 129 Determination).
E:\FR\FM\14MYN1.SGM
14MYN1
28194
Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Notices
instruct CBP to apply an ad valorem
assessment rate of 4.69 rate to all entries
of subject merchandise produced and/or
exported by such firms.
Consistent with the Assessment Policy
Notice,6 for TPN FlexPac Co., Ltd.,
which claimed that it had no shipments
of subject merchandise to the United
States, we will instruct CBP to assess
antidumping duties on all entries of
subject merchandise at the cash deposit
rate applicable for the intermediary
company, or if no such rate exists, at the
all-others rate of 4.69 percent from the
Section 129 Determination.
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of
review.
mstockstill on DSK4VPTVN1PROD with NOTICES
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 PRCBs from
Thailand 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 rates for the reviewed
companies, except for TPN FlexPac Co.,
Ltd., will be the rates established in the
final results of this review; (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
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; (4) if neither the exporter
nor the manufacturer has its own rate,
the cash deposit rate will be 4.69
percent.7 These deposit requirements,
when imposed, shall remain in effect
until further notice.
Notifications to Importer
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
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
6 See
Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment Policy Notice).
7 See Section 129 Determination.
VerDate Mar<15>2010
16:52 May 13, 2013
Jkt 229001
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: May 6, 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. Selection of Respondents
3. Request for Duty Absorption
Determinations
4. Use of Facts Otherwise Available
5. Preliminary Determination of No
Reviewable Entries
6. Rate for Non-Selected Companies
Co., of Haicheng City).2 The correct
exporter company name is Fengchi Imp.
and Exp. Co., Ltd. of Haicheng City.
Pursuant to section 751(h) of the Tariff
Act of 1930, as amended (‘‘the Act’’), the
Department shall correct any ministerial
errors within a reasonable time after the
determinations are issued under this
section. A ministerial error is defined as
an error ‘‘in addition, subtraction, or
other arithmetic function, clerical errors
resulting from inaccurate copying,
duplication, or the like, and any other
type of unintentional error.’’ This notice
serves to correct the incorrect exporter
company name listed in the Final
Results.
This correction is published in
accordance with sections 751(h) and
777(i) of the Act.
BILLING CODE 3510–DS–P
Dated: May 7, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
DEPARTMENT OF COMMERCE
[FR Doc. 2013–11321 Filed 5–13–13; 8:45 am]
[FR Doc. 2013–11319 Filed 5–13–13; 8:45 am]
BILLING CODE 3510–DS–P
International Trade Administration
[A–570–954]
DEPARTMENT OF COMMERCE
Certain Magnesia Carbon Bricks From
the People’s Republic of China: Notice
of Correction to the Final Results of
the 2010–2011 Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: May 14, 2013.
FOR FURTHER INFORMATION CONTACT: Jerry
Huang, AD/CVD Operations, Office 9,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–4047.
SUPPLEMENTARY INFORMATION:
AGENCY:
Correction
On April 15, 2013, the Department of
Commerce (‘‘Department’’) published,
in the Federal Register, the final results
of the 2010–2011 administrative review
of the antidumping duty order on
certain magnesia carbon bricks from the
People’s Republic of China.1 The period
of review covered March 12, 2010,
through August 31, 2011. The published
Federal Register≤ notice contained a
clerical error, in that it identified an
incorrect exporter company name (i.e.,
Fengchi Imp. and Exp. Co., Ltd. of
Haicheng City and Fengchi Refractories
1 See Certain Magnesia Carbon Bricks from the
People’s Republic of China: Final Results and Final
Partial Rescission of Antidumping Duty
Administrative Review; 2010–2011, 78 FR 22230
(April 15, 2013) (‘‘Final Results’’).
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International Trade Administration
[A–570–886]
Polyethylene Retail Carrier Bags From
the People’s Republic of China:
Initiation of Anticircumvention Inquiry
on Antidumping Duty Order
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: May 14, 2013.
SUMMARY: In response to a request from
The Polyethylene Retail Carrier Bag
Committee and its individual members:
PCL Packaging, Inc., Hilex Poly Co.,
LLC, Superbag Corp., and Inteplast
Group, Ltd., (collectively, the
petitioners), the Department of
Commerce (the Department) is initiating
an anticircumvention inquiry pursuant
to section 781(a) of the Tariff Act of
1930, as amended (the Act), to
determine whether imports of
unfinished polyethylene retail carrier
bags (PRCBs) from the People’s Republic
of China (PRC) are circumventing the
antidumping duty order on PRCBs from
the PRC.1
FOR FURTHER INFORMATION CONTACT:
Dustin Ross, AD/CVD Operations,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
AGENCY:
2 See
id. at 22231.
Antidumping Duty Order: Polyethylene
Retail Carrier Bags From the People’s Republic of
China, 69 FR 48201 (August 9, 2004) (PRCB Order).
1 See
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]]>Agencies
[Federal Register Volume 78, Number 93 (Tuesday, May 14, 2013)]
[Notices]
[Pages 28192-28194]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11319]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-821]
Polyethylene Retail Carrier Bags From Thailand: 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 polyethylene
retail carrier bags (PRCBs) from Thailand. The review covers 11
respondents. The period of review (POR) is August 1, 2011, through July
31, 2012. We preliminarily find that subject merchandise has been sold
at less than normal value by the companies subject to this review.
DATES: Effective Date: May 14, 2013.
FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, 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) 482-0665.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the antidumping duty order is
polyethylene retail carrier bags, which are currently classified under
subheading 3923.21.0085 of the Harmonized Tariff Schedule of the United
States (HTSUS). The HTSUS number is provided for convenience and
customs purposes. A full description of the scope of the order is
contained in the memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to Paul
Piquado, Assistant Secretary for Import Administration, ``Decision
Memorandum for Preliminary Results of the 2011/12 Antidumping Duty
Administrative Review: Polyethylene Retail Carrier Bags from
Thailand,'' 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://
[[Page 28193]]
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
We have relied on total facts available with respect to Trinity Pac
Co., Ltd. (Trinity Pac), the sole company selected for individual
examination in this review. Because this company did not act to the
best of its ability to respond to the Department's requests for
information, we have drawn an adverse inference in selecting from among
the facts otherwise available.\1\ We have preliminarily determined to
apply a 122.88 percent rate as adverse facts available for Trinity
Pac.\2\
---------------------------------------------------------------------------
\1\ See sections 776(a) and (b) of the Tariff Act of 1930, as
amended (the Act).
\2\ For a full description of the methodology underlying our
conclusions, see Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Preliminary Determination of No Reviewable Entries
With respect to TPN FlexPac Co., Ltd., we preliminarily determine
that it had no shipments of subject merchandise to the United States
during the POR.\3\
---------------------------------------------------------------------------
\3\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Rates for Respondents Not Selected for Individual Examination
Section 735(c)(5)(B) of the Act states that ``if the estimated
weighted average dumping margins established for all exporters and
producers individually investigated are zero or de minimis, or
determined entirely under section 776'' in an investigation, the
Department may ``use any reasonable method to establish the estimated
all-others rate for exporters and producers not individually
investigated.'' In administrative reviews, when the Department does not
review all of the respondents, the Department will rely on section
735(c)(5) of the Act for guidance in determining a rate for companies
not individual investigated. In this administrative review, the only
rate preliminarily applied to an individually investigated exporter has
been determined pursuant to section 776(a) and (b) of the Act.
Therefore, consistent with section 735(c)(5)(B) of the Act, we
preliminarily determine that a reasonable method for determining the
weighted-average dumping margins for the nine non-selected respondents
in this review is to apply an all-others rate of 4.69 percent.\4\ This
rate is taken from the Section 129 Determination for the original
antidumping duty investigation.\5\
---------------------------------------------------------------------------
\4\ For a full description of the methodology underlying our
conclusions, see Preliminary Decision Memorandum.
\5\ See Notice of Implementation of Determination Under Section
129 of the Uruguay Round Agreements Act and Partial Revocation of
the Antidumping Duty Order on Polyethylene Retail Carrier Bags From
Thailand, 75 FR 48940 (August 12, 2010) (Section 129 Determination).
---------------------------------------------------------------------------
Preliminary Results of Review
As a result of our review, we preliminarily determine that the
following percentage weighted-average dumping margins on PRCBs from
Thailand exist for the period August 1, 2011, through July 31, 2012:
------------------------------------------------------------------------
Company Margin percent
------------------------------------------------------------------------
Elite Poly and Packaging Co., Ltd................... 4.69
Multibax Public Company Limited..................... 4.69
PMC Innopack Co., Ltd............................... 4.69
Prepack Thailand Co., Ltd........................... 4.69
TPN FlexPac Co., Ltd................................ (*)
Superpac Corporation Co. Ltd........................ 4.69
Siam Best Products Trading Limited Partnership...... 4.69
Two Path Plaspack Co. Ltd........................... 4.69
Sun Pack Inter Co. Ltd.............................. 4.69
Apple Film Company, Ltd............................. 4.69
Trinity Pac Co. Ltd................................. 122.88
------------------------------------------------------------------------
* No shipments in this review.
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. 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. 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.
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 issuance of the final results, the Department shall determine,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review. For the final
results, if we continue to rely on total adverse facts available to
establish Trinity Pac's weighted-average dumping margin, we will
instruct CBP to apply an ad valorem assessment rate of 122.88 percent
to all entries of subject merchandise during the POR which were
produced and/or exported by Trinity Pac.
For the companies which were not selected for individual
examination and for which we did not determine that there were no
shipments, we will
[[Page 28194]]
instruct CBP to apply an ad valorem assessment rate of 4.69 rate to all
entries of subject merchandise produced and/or exported by such firms.
Consistent with the Assessment Policy Notice,\6\ for TPN FlexPac
Co., Ltd., which claimed that it had no shipments of subject
merchandise to the United States, we will instruct CBP to assess
antidumping duties on all entries of subject merchandise at the cash
deposit rate applicable for the intermediary company, or if no such
rate exists, at the all-others rate of 4.69 percent from the Section
129 Determination.
---------------------------------------------------------------------------
\6\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Assessment Policy Notice).
---------------------------------------------------------------------------
We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of 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 PRCBs from Thailand 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 rates
for the reviewed companies, except for TPN FlexPac Co., Ltd., will be
the rates established in the final results of this review; (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
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; (4) if neither the exporter nor the manufacturer has
its own rate, the cash deposit rate will be 4.69 percent.\7\ These
deposit requirements, when imposed, shall remain in effect until
further notice.
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\7\ See Section 129 Determination.
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Notifications to Importer
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 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: May 6, 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. Selection of Respondents
3. Request for Duty Absorption Determinations
4. Use of Facts Otherwise Available
5. Preliminary Determination of No Reviewable Entries
6. Rate for Non-Selected Companies
[FR Doc. 2013-11319 Filed 5-13-13; 8:45 am]
BILLING CODE 3510-DS-P
