Citric Acid and Certain Citrate Salts From Canada: Preliminary Results of Antidumping Duty Administrative Review; 2011-2012, 34338-34340 [2013-13553]
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34338
Federal Register / Vol. 78, No. 110 / Friday, June 7, 2013 / Notices
this review without regard to
antidumping duties.2
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment
Policy Notice). This clarification will
apply to entries of subject merchandise
during the period of review produced by
Ambica for which Ambica did not know
the merchandise was destined for the
United States. In such instances, we will
instruct CBP to liquidate un-reviewed
entries at 12.45 percent, the ‘‘all others’’
rate established in the LTFV
investigation if there is no rate for the
intermediate company(ies) involved in
the transaction. See Notice of Final
Determination of Sales at Less Than
Fair Value: Stainless Steel Bar from
India, 59 FR 66915 (December 28, 1994);
see also Assessment Policy Notice.
mstockstill on DSK4VPTVN1PROD with NOTICES
Cash Deposit Requirements
The following deposit rates will be
effective upon publication of the final
results of this administrative review for
all shipments of stainless steel bar from
India entered, or withdrawn from
warehouse, for consumption on or after
the publication date, as provided by
section 751(a)(2)(C) of the Act: (1) For
the company covered by this review, the
cash deposit rate will be zero; (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 final results in which that
manufacturer or exporter participated;
(3) if the exporter is not a firm covered
in this review, a prior review, or the
original LTFV investigation, but the
producer is, the cash deposit rate will be
the rate established for the most recent
final results for the manufacturer of the
merchandise; and (4) if neither the
exporter nor the producer is a firm
covered in this or any previous review
conducted by the Department, the cash
deposit rate will be 12.45 percent, the
‘‘all others’’ rate established in the LTFV
investigation.3 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notifications
This notice serves as a final reminder
to importers of their responsibility
2 See
Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification).
3 See Notice of Final Determination of Sales at
Less Than Fair Value: Stainless Steel Bar from
India, 59 FR 66915 (December 28, 1994).
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16:38 Jun 06, 2013
Jkt 229001
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.
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 return/
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.
These final results of review are
issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: June 3, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix—Issues in Decision
Memorandum
Comment 1: Whether Ambica Has Withheld
Information Related to Affiliated
Companies
Comment 2: Whether Ambica Has Been
Uncooperative or Withheld Information
Comment 3: Whether the Department should
re-classify certain Ambica transactions as
constructed export price sales
Comment 4: Whether the Department should
adjust the interest rate on Ambica’s loans
provided from non-affiliates
Comment 5: Whether the Department erred
in the calculation of net U.S. and home
market prices
Comment 6: Whether the Department should
correct its calculation of the per-unit G&A
and Interest Expenses
[FR Doc. 2013–13567 Filed 6–6–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–122–853]
Citric Acid and Certain Citrate Salts
From Canada: Preliminary Results of
Antidumping Duty Administrative
Review; 2011–2012
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
PO 00000
Frm 00026
Fmt 4703
Sfmt 4703
The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on citric acid
and certain citrate salts (citric acid) from
Canada. The period of review (POR) is
May 1, 2011, through April 30, 2012.
The review covers one producer and
exporter of the subject merchandise,
Jungbunzlauer Canada Inc. (JBL
Canada). We have preliminarily
determined that sales of subject
merchandise have been made at prices
below normal value (NV) by JBL
Canada.
DATES: As of June 7, 2013.
FOR FURTHER INFORMATION CONTACT:
Rebecca Trainor or Katherine Johnson,
AD/CVD Operations, Office 2, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone (202) 482–4007 or (202) 482–
4929, respectively.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Scope of the Order
The merchandise covered by this
order is citric acid and certain citrate
salts. The product is currently classified
in the Harmonized Tariff Schedule of
the United States (HTSUS) at item
numbers 2918.14.0000 and
2918.15.1000, 2918.15.5000 and
3824.90.9290. Although the HTSUS
numbers are provided for convenience
and customs purposes, the full written
scope description, as published in the
antidumping duty order 1 and described
in the memorandum entitled ‘‘Decision
Memorandum for Preliminary Results of
Antidumping Duty Administrative
Review: Citric Acid and Certain Citrate
Salts from Canada’’ (Preliminary
Decision Memorandum), remains
dispositive.
Methodology
The Department has conducted this
review in accordance with section
751(a)(2) of the Tariff Act of 1930, as
amended (the Act). Constructed export
price (CEP) is calculated in accordance
with section 772 of the Act. NV is
calculated in accordance with section
773 of the Act. To determine the
appropriate comparison method, the
Department applied a ‘‘differential
pricing’’ analysis and has preliminarily
determined to use a combination of the
average-to-average method and the
average-to-transaction method in
making comparisons of CEP and NV for
1 Citric Acid and Certain Citrate Salts from
Canada and the People’s Republic of China:
Antidumping Duty Orders, 74 FR 25703 (May 29,
2009) (Citric Acid Duty Orders).
E:\FR\FM\07JNN1.SGM
07JNN1
Federal Register / Vol. 78, No. 110 / Friday, June 7, 2013 / Notices
JBL Canada. For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum, which is 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 (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 the Review
As a result of this review, we
preliminarily determine that a dumping
margin of 1.20 percent exists for JBL
Canada for the period May 1, 2011,
through April 30, 2012.
mstockstill on DSK4VPTVN1PROD with NOTICES
Disclosure and Public Comment
The Department will disclose to
parties the calculations performed in
connection with these preliminary
results within five days of the date of
publication of this notice.2 Interested
parties may submit case briefs not later
than 30 days after the date of
publication of this notice.3 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.4 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.5 Case and
rebuttal briefs should be filed using IA
ACCESS.6
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.7 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
Standard Time within 30 days after the
19 CFR 351.224(b).
19 CFR 351.309(c).
4 See 19 CFR 351.309(d).
5 See 19 CFR 351.309(c)(2) and (d)(2).
6 See 19 CFR 351.303.
7 See 19 CFR 351.310(c).
date of publication of this notice.8
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 will issue the
final results of this administrative
review, including the results of its
analysis of 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, in accordance with 19 CFR
351.212(b)(1). We intend to issue
instructions to CBP 41 days after the
date of publication of the final results of
this review.
Although JBL Canada reported
entered value for its U.S. sales, based on
verification findings, we have
determined it is appropriate to calculate
importer-specific per-unit duty
assessment rates.9 We will calculate
importer-specific per-unit duty
assessment rates by aggregating the total
amount of antidumping duties
calculated for the examined sales and
dividing this amount by the total
quantity of those sales. To determine
whether the duty assessment rates are
de minimis, in accordance with the
requirement set forth in 19 CFR
351.106(c)(1), we will calculate
importer-specific ad valorem ratios
based on the estimated entered value.
We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review if any
importer-specific assessment rate
calculated in the final results of this
review is above de minimis. Where
either the respondent’s weightedaverage dumping margin is zero or de
minimis, or an importer-specific
assessment rate is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties.10
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
2 See
3 See
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16:38 Jun 06, 2013
Jkt 229001
8 See
id.; 19 CFR 351.303.
Memorandum entitled, ‘‘Preliminary Results
Margin Calculation for Jungbunzlauer Canada Inc.,’’
dated concurrently with this notice.
10 See 19 CFR 351.106(d)(2).
9 See
PO 00000
Frm 00027
Fmt 4703
Sfmt 4703
34339
estimated duties, where applicable.11
Therefore, if we continue to calculate an
antidumping duty margin for JBL
Canada in the final results which is
above de minimis, we will instruct CBP
to assess antidumping duties on all
appropriate entries covered by this
review as discussed above. Conversely,
if we calculate a de minimis margin for
JBL Canada in the final results of this
review, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
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 JBL
Canada 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. For a full
discussion of this clarification, see
Antidumping and Countervailing Duty
Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May
6, 2003).
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: 1) the
cash deposit rate for JBL Canada will be
the rate established in the final results
of this review, except if the rate is less
than 0.50 percent and, therefore, de
minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for
previously reviewed or investigated
companies not participating in this
review, 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 23.21
percent, the all-others rate established
in the original investigation. See Citric
Acid Duty Orders. These requirements,
when imposed, shall remain in effect
until further notice.
11 See
E:\FR\FM\07JNN1.SGM
section 751(a)(2)(C) of the Act.
07JNN1
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Federal Register / Vol. 78, No. 110 / Friday, June 7, 2013 / 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
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 and 19
CFR 351.221(b)(4).
Dated: May 31, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Scope of the Order
2. Fair-Value Comparisons
A. Determination of Comparison Method
B. Results of the Differential Pricing
Analysis
3. Product Comparisons
4. Constructed Export Price
5. Normal Value
A. Home Market Viability and Selection of
Comparison Market
B. Level of Trade
C. Calculation of Normal Value Based on
Comparison-Market Prices
6. Duty Absorption
7. Currency Conversion
8. Verification
[FR Doc. 2013–13553 Filed 6–6–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–501]
Welded Carbon Steel Standard Pipe
and Tube Products From Turkey:
Preliminary Results of Antidumping
Duty Administrative Review; 2011–
2012
Import Administration,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: In response to a request by
interested parties,1 the Department of
Commerce (the Department) is
conducting an administrative review of
the antidumping duty order on welded
carbon steel standard pipe and tube
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
1 Wheatland Tube Company, United States Steel
Corporation, and Erbosan Erciyas Boru Sanayi ve
Ticaret A.S.
VerDate Mar<15>2010
16:38 Jun 06, 2013
Jkt 229001
products (welded pipe and tube) from
Turkey.2 The period of review is May 1,
2011, to April 30, 2012. This review
covers four respondents: Borusan,
Erbosan, Toscelik, and Yucel.3 The
Department preliminarily finds that
Toscelik and Yucel had no shipments.
We preliminarily determine that
Borusan 4 made sales below normal
value and Erbosan did not. The
preliminary results are listed below in
the section titled ‘‘Preliminary Results
of Review.’’
DATES: As of June 7, 2013.
FOR FURTHER INFORMATION CONTACT: Fred
Baker, Victoria Cho, or Robert James at
(202) 482–2924, (202) 482–5075, or
(202) 482–0649, respectively; AD/CVD
Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Scope of the Order 5
The merchandise subject to the order
is welded pipe and tube. The welded
pipe and tube subject to the order is
currently classifiable under subheading
7306.30.10.00, 7306.30.50.25,
7306.30.50.32, 7306.30.50.40,
7306.30.50.55, 7306.30.50.85, and
7306.30.50.90 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
Christian Marsh, Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 77 FR 40565 (July
10, 2012).
3 The Department initiated a review on the
Borusan Group and all affiliates, which includes
Borusan Mannesmann Boru Sanayi ve Ticaret A.S.,
Borusan Istikbal Ticaret T.A.S., Borusan Holding
A.S., and Borusan Lojistik Dagitim Depolama
Tasimacilik ve Tic A.S. (collectively, Borusan);
ERBOSAN Erciyas Boru Sanayi ve Ticaret A.S.
(Erbosan); Toscelik Profil ve Sac Endustisi A.S.,
Toscelik Metal Ticaret A.S., Tosyali Dis Ticaret A.S.
(collectively, Toscelik); the Yucel Group and all
affiliates, Cayirova Boru Sanayi ve Ticaret A.S.,
Yucel Boru ve Profil Endustrisi A.S., and Yucelboru
Ihracat Ithalat ve Pazarlama A.S. (collectively,
Yucel.).
4 We note that of the Borusan entities, only
Borusan Mannesman Boru Sanayi ve Ticaret A.S.
(BMB) had reviewable sales during this period of
review.
5 Beginning in 1996, we note we inadvertently
used an incorrect case name and incorrect scope
language in many of our notices in this case. The
Department is using the original and correct case
name and scope in this segment, as reflected in the
original 1986 order. See Antidumping Duty Order;
Welded Carbon Steel Standard Pipe and Tube
Products from Turkey, 51 FR 17784 (May 15, 1986).
PO 00000
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Fmt 4703
Sfmt 4703
Secretary for Import Administration,
‘‘Decision Memorandum for Preliminary
Results of Antidumping Duty
Administrative Review: Welded Carbon
Steel Standard Pipe and Tube Products
from Turkey; 2011–2012 Administrative
Review’’ (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 (NV) is
calculated in accordance with section
773 of the Act.
To determine the appropriate
comparison method, the Department
applied a ‘‘differential pricing’’ analysis
and has preliminarily determined to use
the average-to-transaction method in
making comparisons of export price and
normal value for Borusan and the
average-to-average method in making
comparisons of export price and normal
value for Erbosan.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Preliminary Determination of No
Shipments
Toscelik and Yucel, in letters dated
August 20, 2012, reported that they
made no shipments, entries or sales of
subject merchandise during the POR.
On September 24, 2012, the Department
issued a ‘‘No Shipment Inquiry’’ to U.S.
Customs and Border Protection (CBP) to
confirm that there were no entries of
welded pipe and tube from Turkey
exported by Toscelik or Yucel during
the POR. In addition, we obtained other
documentation from CBP to evaluate the
E:\FR\FM\07JNN1.SGM
07JNN1
]]>Agencies
[Federal Register Volume 78, Number 110 (Friday, June 7, 2013)]
[Notices]
[Pages 34338-34340]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13553]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-853]
Citric Acid and Certain Citrate Salts From Canada: 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 citric acid and
certain citrate salts (citric acid) from Canada. The period of review
(POR) is May 1, 2011, through April 30, 2012. The review covers one
producer and exporter of the subject merchandise, Jungbunzlauer Canada
Inc. (JBL Canada). We have preliminarily determined that sales of
subject merchandise have been made at prices below normal value (NV) by
JBL Canada.
DATES: As of June 7, 2013.
FOR FURTHER INFORMATION CONTACT: Rebecca Trainor or Katherine Johnson,
AD/CVD Operations, Office 2, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-4007
or (202) 482-4929, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise covered by this order is citric acid and certain
citrate salts. The product is currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS) at item numbers
2918.14.0000 and 2918.15.1000, 2918.15.5000 and 3824.90.9290. Although
the HTSUS numbers are provided for convenience and customs purposes,
the full written scope description, as published in the antidumping
duty order \1\ and described in the memorandum entitled ``Decision
Memorandum for Preliminary Results of Antidumping Duty Administrative
Review: Citric Acid and Certain Citrate Salts from Canada''
(Preliminary Decision Memorandum), remains dispositive.
---------------------------------------------------------------------------
\1\ Citric Acid and Certain Citrate Salts from Canada and the
People's Republic of China: Antidumping Duty Orders, 74 FR 25703
(May 29, 2009) (Citric Acid Duty Orders).
---------------------------------------------------------------------------
Methodology
The Department has conducted this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed
export price (CEP) is calculated in accordance with section 772 of the
Act. NV is calculated in accordance with section 773 of the Act. To
determine the appropriate comparison method, the Department applied a
``differential pricing'' analysis and has preliminarily determined to
use a combination of the average-to-average method and the average-to-
transaction method in making comparisons of CEP and NV for
[[Page 34339]]
JBL Canada. For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum, which is 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 (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 the Review
As a result of this review, we preliminarily determine that a
dumping margin of 1.20 percent exists for JBL Canada for the period May
1, 2011, through April 30, 2012.
Disclosure and Public Comment
The Department will disclose to parties the calculations performed
in connection with these preliminary results within five days of the
date of publication of this notice.\2\ Interested parties may submit
case briefs not later than 30 days after the date of publication of
this notice.\3\ 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.\4\ 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.\5\ Case and rebuttal briefs should be filed using
IA ACCESS.\6\
---------------------------------------------------------------------------
\2\ See 19 CFR 351.224(b).
\3\ See 19 CFR 351.309(c).
\4\ See 19 CFR 351.309(d).
\5\ See 19 CFR 351.309(c)(2) and (d)(2).
\6\ See 19 CFR 351.303.
---------------------------------------------------------------------------
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.\7\ 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 Standard Time within 30 days after
the date of publication of this notice.\8\ 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 will issue the final results of this
administrative review, including the results of its analysis of 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.
---------------------------------------------------------------------------
\7\ See 19 CFR 351.310(c).
\8\ See id.; 19 CFR 351.303.
---------------------------------------------------------------------------
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, in accordance with 19
CFR 351.212(b)(1). We intend to issue instructions to CBP 41 days after
the date of publication of the final results of this review.
Although JBL Canada reported entered value for its U.S. sales,
based on verification findings, we have determined it is appropriate to
calculate importer-specific per-unit duty assessment rates.\9\ We will
calculate importer-specific per-unit duty assessment rates by
aggregating the total amount of antidumping duties calculated for the
examined sales and dividing this amount by the total quantity of those
sales. To determine whether the duty assessment rates are de minimis,
in accordance with the requirement set forth in 19 CFR 351.106(c)(1),
we will calculate importer-specific ad valorem ratios based on the
estimated entered value.
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\9\ See Memorandum entitled, ``Preliminary Results Margin
Calculation for Jungbunzlauer Canada Inc.,'' dated concurrently with
this notice.
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We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review if any importer-specific
assessment rate calculated in the final results of this review is above
de minimis. Where either the respondent's weighted-average dumping
margin is zero or de minimis, or an importer-specific assessment rate
is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.\10\
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\10\ See 19 CFR 351.106(d)(2).
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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.\11\ Therefore, if we continue to calculate an
antidumping duty margin for JBL Canada in the final results which is
above de minimis, we will instruct CBP to assess antidumping duties on
all appropriate entries covered by this review as discussed above.
Conversely, if we calculate a de minimis margin for JBL Canada in the
final results of this review, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
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\11\ See section 751(a)(2)(C) of the Act.
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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 JBL Canada 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. For a full discussion of this
clarification, see Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: 1) the cash deposit rate for JBL Canada will
be the rate established in the final results of this review, except if
the rate is less than 0.50 percent and, therefore, de minimis within
the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit
rate will be zero; (2) for previously reviewed or investigated
companies not participating in this review, 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 23.21 percent, the all-others rate established in the original
investigation. See Citric Acid Duty Orders. These requirements, when
imposed, shall remain in effect until further notice.
[[Page 34340]]
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 and 19 CFR 351.221(b)(4).
Dated: May 31, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Scope of the Order
2. Fair-Value Comparisons
A. Determination of Comparison Method
B. Results of the Differential Pricing Analysis
3. Product Comparisons
4. Constructed Export Price
5. Normal Value
A. Home Market Viability and Selection of Comparison Market
B. Level of Trade
C. Calculation of Normal Value Based on Comparison-Market Prices
6. Duty Absorption
7. Currency Conversion
8. Verification
[FR Doc. 2013-13553 Filed 6-6-13; 8:45 am]
BILLING CODE 3510-DS-P
