Certain Lined Paper Products From the People's Republic of China: Preliminary Results and Rescission in Part of Antidumping Duty Administrative Review; 2011-2012, 34640-34642 [2013-13698]

Download as PDF 34640 Federal Register / Vol. 78, No. 111 / Monday, June 10, 2013 / Notices possibly be deferred or reduced on foreign status production equipment. Public comment is invited from interested parties. Submissions shall be addressed to the Board’s Executive Secretary at the address below. The closing period for their receipt is July 22, 2013. A copy of the notification will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the Board’s Web site, which is accessible via www.trade.gov/ftz. For further information, contact Diane Finver at Diane.Finver@trade.gov (202) 482–1367. Dated: June 4, 2013. Andrew McGilvray, Executive Secretary. [FR Doc. 2013–13705 Filed 6–7–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–901] Certain Lined Paper Products From the People’s Republic of China: Preliminary Results and Rescission in Part of Antidumping Duty Administrative Review; 2011–2012 Import Administration, International Trade Administration, U.S. Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) is conducting an administrative review of the antidumping duty order on certain lined paper products (‘‘CLPP’’) from the People’s Republic of China (‘‘PRC’’). The period of review (‘‘POR’’) is September 1, 2011, through August 31, 2012. Of the three companies requested for review, the Department has preliminarily determined that Leo’s Quality Products Co., Ltd./Denmax Plastic Stationery Factory (‘‘Leo’s/ Denmax’’) did not cooperate and will be treated as part of the PRC-wide entity; Shanghai Lian Li Paper Products Co., Ltd. (‘‘Lian Li’’) made no shipments of subject merchandise during the POR and will retain its separate rate status; and Hwa Fuh Plastics Co., Ltd./Li Teng Plastics (Shenzhen) Co., Ltd. (‘‘Hwa Fuh/Li Teng’’) could not be contacted so review of this company will be rescinded. mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: DATES: Effective Date: June 10, 2013. VerDate Mar<15>2010 16:56 Jun 07, 2013 Jkt 229001 FOR FURTHER INFORMATION CONTACT: Cindy Robinson or Eric B. Greynolds, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington DC 20230; telephone (202) 482–3797 or (202) 482– 6071, respectively. Scope of the Order The merchandise subject by the CLPP Order is certain lined paper products.1 The products are currently classified under the following Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) subheadings: 4811.90.9035, 4811.90.9080, 4820.30.0040, 4810.22.5044, 4811.90.9050, 4811.90.9090, 4820.10.2010, 4820.10.2020, 4820.10.2030, 4820.10.2040, 4820.10.2050, 4820.10.2060, and 4820.10.4000. Although the HTSUS numbers are provided for convenience and customs purposes, the written product description in the CLPP Order 2 remains dispositive.3 Methodology The Department has conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’). In making our findings, we have relied, in part, on facts available, and because Leo’s/ Denmax 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. In addition, we assigned a dumping margin to the separate rate recipients based on Departmental practice which is described in the ‘‘Separate Rates’’ section below. For a full description of the methodology underlying our conclusions, see ‘‘Preliminary Decision Memorandum,’’ dated concurrently with these preliminary results and 1 See Notice of Amended Final Determination of Sales at Less Than Fair Value: Certain Lined Paper Products from the People’s Republic of China; Notice of Antidumping Duty Orders: Certain Lined Paper Products from India, Indonesia, and the People’s Republic of China; and Notice of Countervailing Duty Orders: Certain Lined Paper Products from India and Indonesia, 71 FR 56949 (September 28, 2006) (‘‘CLPP Order’’). 2 Id. 3 For a complete description of the scope of the order, see ‘‘Decision Memorandum for Preliminary Results of 2011–2012 Antidumping Duty Administrative Review: Certain Lined Paper Products from the People’s Republic of China’’ (‘‘Preliminary Decision Memorandum’’) from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations to Paul Piquado, Assistant Secretary for Import Administration, dated concurrently with these preliminary results. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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 http:// iaaccess.trade.gov, and it is available to all parties 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 http://www.trade.gov/ia/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Finding of No Sales Made During the POR Due to Lian Li’s timely certification of non-shipment of subject merchandise to the United States during the POR, and our analysis of U.S. Customs and Border Protection (‘‘CBP’’) information, the Department preliminarily determines that Lian Li had no sales of subject merchandise 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,4 it is not appropriate to rescind the review with respect to Lian Li, but, rather, to complete the review with respect to Lian Li and issue appropriate instructions to CBP based on the final results of the review. Intent To Rescind the Review, in Part With respect to Hwa Fuh/Li Teng, the Department was unable to deliver the initial questionnaire to Hwa Fu/Li Teng using the address provided by petitioner 5 in its 2011–2012 administrative review request letter.6 Therefore, the Department intends to rescind the review with respect to Hwa Fuh/Li Teng, in accordance with our practice, from which we see no reason to deviate here.7 4 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011) and the ‘‘Assessment Rates’’ section below. 5 Petitioner is the Association of American School Lined Paper Suppliers (‘‘AASPS’’) and its individual members: Norcom Inc., Top Flight, Inc. and ACCO Brands USA LLC (collectively, ‘‘petitioner’’). 6 See Preliminary Decision Memorandum for details. 7 See Certain Steel Concrete Reinforcing Bars from Turkey; Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review, 71 FR 26,455, 26,457 (May 5, 2006) E:\FR\FM\10JNN1.SGM 10JNN1 Federal Register / Vol. 78, No. 111 / Monday, June 10, 2013 / Notices Separate Rates In the Initiation Notice,8 we informed parties of the opportunity to request a separate rate. In proceedings involving NME countries, the Department begins with a rebuttable presumption that all companies within the country are subject to government control and, thus, should be assigned a single antidumping duty deposit rate. It is the Department’s policy to assign all exporters of merchandise subject to an administrative review involving an NME country this single rate unless an exporter can demonstrate that it is sufficiently independent so as to be entitled to a separate rate. Companies that wanted to be considered for a separate rate in this review were required to timely file a separate rate application or a separate rate certification to demonstrate eligibility for a separate rate. Separate rate applications and separate rate certifications were due to the Department within 60 calendar days of the publication of the Initiation Notice. In this review, Leo’s/Denmax did not respond to the Department’s questionnaire nor file any information with the Department’s IA ACCESS system, as required by 19 CFR 351.303, to rebut the presumption that like all companies within the PRC it is subject to government control. As further discussed in the Preliminarily Decision Memo, we determine that Leo’s/Denmax has not demonstrated that it operates free from government control. Thus, we find that for purposes of the preliminary results of this review, Leo’s/Denmax is part of the PRC-wide entity. Preliminary Results of the Review The following preliminary dumping margin exists for the period September 1, 2011, through August 31, 2012: PRC-wide entity (which includes Leo’s/Denmax) ........................ mstockstill on DSK4VPTVN1PROD with NOTICES Exporter Weightedaverage dumping margin (percent) 258.21 (unchanged in Certain Steel Concrete Reinforcing Bars From Turkey: Final Results and Rescission of Antidumping Duty Administrative Review in Part, 71 FR 65082 (November 7, 2006)); see also Certain Frozen Warmwater Shrimp from India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review, 72 FR 10,658, (March 9, 2007) (unchanged in Certain Frozen Warmwater Shrimp from India: Final Results and Partial Rescission of Antidumping Duty Administrative Review, 72 FR 52055 (September 12, 2007)). 8 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 77 FR 65858 (October 31, 2012) (‘‘Initiation Notice’’). VerDate Mar<15>2010 16:56 Jun 07, 2013 Jkt 229001 Disclosure and Public Comment Pursuant to 19 CFR 351.309(c), interested parties may submit cases briefs not later than the later of 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.9 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A brief summary of the argument not to exceed five pages, and (2) a table of statutes, regulations and cases cited.10 Case and rebuttal briefs should be filed using IA ACCESS.11 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 within 30 days after the date of publication of this notice.12 Requests should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case 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. The Department will issue the final results of this administrative review, including the results of its analysis of the issues raised by the parties in any written briefs, not later 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. Assessment Rate Upon issuance of the final results, the Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.13 The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. For any individually examined respondents 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 9 See 19 CFR 351.309(d). 19 CFR 351.309(c)(2) and (d)(2). 11 See 19 CFR 351.303. 12 See 19 CFR 351.310(c). 13 See 19 CFR 351.212(b)(1). 10 See PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 34641 sales to the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1). We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific assessment rate calculated in the final results of this review is above de minimis (i.e., 0.50 percent). 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. For the PRC-wide entity, we will instruct CBP to assess antidumping duties at an ad valorem rate equal to the weighted-average dumping margin published above. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results, as provided by sections 751(a)(2)(C) of the Act: (1) For previously investigated or reviewed PRC and non-PRC exporters not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporterspecific rate published for the most recently completed period; (2) 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 rate for the PRC-wide entity, 258.21 percent; and (3) 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 that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. E:\FR\FM\10JNN1.SGM 10JNN1 34642 Federal Register / Vol. 78, No. 111 / Monday, June 10, 2013 / Notices We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213. Dated: June 3, 2013. Paul Piquado, Assistant Secretary for Import Administration. Appendix I. Summary II. Background III. Scope IV. Discussion of the Methodology V. Conclusion [FR Doc. 2013–13698 Filed 6–7–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–937] Citric Acid and Certain Citrate Salts 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 citric acid and certain citrate salts (‘‘citric acid’’) from the People’s Republic of China (‘‘PRC’’). The period of review (‘‘POR’’) is May 1, 2011, through April 30, 2012. We have preliminarily found that the respondent, RZBC Imp. & Exp. Co., Ltd. (‘‘RZBC I&E’’), has not made sales of subject merchandise at less than normal value (‘‘NV’’). If these preliminary results are adopted in our final results of review, we will instruct U.S. Customs and Border Protection (‘‘CBP’’) to assess antidumping duties on all appropriate entries of subject merchandise during the POR. Interested parties are invited to comment on these preliminary results. We will issue final results no later than 120 days from the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’). DATES: Effective Date: June 10, 2013. FOR FURTHER INFORMATION CONTACT: Krisha Hill or Drew Jackson, AD/CVD Operations, Office 4, Import Administration, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4037 or (202) 482–4406, respectively. mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: VerDate Mar<15>2010 16:56 Jun 07, 2013 Jkt 229001 SUPPLEMENTARY INFORMATION: Scope of the Order The scope of the order includes the hydrous and anhydrous forms of citric acid, the dihydrate and anhydrous forms of sodium citrate, otherwise known as citric acid sodium salt, and the monohydrate and monopotassium forms of potassium citrate.1 Sodium citrate also includes both trisodium citrate and monosodium citrate, which are also known as citric acid trisodium salt and citric acid monosodium salt, respectively. Citric acid and sodium citrate are classifiable under 2918.14.0000 and 2918.15.1000 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’), respectively. Potassium citrate and crude calcium citrate are classifiable under 2918.15.5000 and 3824.90.9290 of the HTSUS, respectively. Blends that include citric acid, sodium citrate, and potassium citrate are classifiable under 3824.90.9290 of the HTSUS. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive.2 Preliminary Determination of No Shipments Yixing Union Biochemical Ltd. (‘‘Yixing Union’’) reported it made no shipments of subject merchandise to the United States during the POR.3 On August 3, 2012, the Department requested that CBP report any contrary information. CBP has not responded to the Department’s inquiry and the Department has not received any evidence that that Yixing Union had any shipments to the United States of subject merchandise during the POR. Based on Yixing Union’s no shipments certification, and because CBP had no findings of reviewable transactions, we preliminarily determine that Yixing 1 See ‘‘Decision Memorandum for Preliminary Results of 2011–2012 Antidumping Duty Administrative Review: Citric Acid and Certain Citrate Salts 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 June 3, 2013 (‘‘Preliminary Decision Memorandum’’) issued concurrently with this notice for a complete description of the Scope of the Order. 2 See Citric Acid and Certain Citrate Salts from Canada and the People’s Republic of China: Antidumping Duty Orders, 74 FR 25703 (May 29, 2009). 3 See Letter from Yixing Union to the Department, regarding ‘‘Antidumping Duty Administrative Review of Citric Acid and Certain Citrate Salts from the People’s Republic of China—No Shipments Letter of Yixing Union Biochemical Co. Ltd.,’’ dated July 13, 2012. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Union 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 NME cases, it is appropriate not to rescind the review in part in these circumstances but, rather, to complete the review with respect to Yixing Union and issue appropriate instructions to CBP based on the final results of the review.4 Methodology The Department has conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’). Export prices have been calculated in accordance with section 772 of the Act. Because the PRC is a non-market (‘‘NME’’) economy within the meaning of section 771(18) of the Act, NV has been calculated in accordance with section 773(c) of the Act. Specifically, RZBC I&E’s factors of production have been valued using surrogate value data from Indonesia (where available), which is economically comparable to the PRC and is a significant producer of comparable merchandise. To determine the appropriate comparison method, the Department applied a differential pricing analysis and has preliminarily determined to use the average-toaverage method in making comparisons of export price and NV for RZBC I&E. For a full description of the methodology underlying our conclusions, please see the Preliminary Decision Memorandum, 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 http:// iaaccess.trade.gov. The Preliminary Decision Memorandum is also available 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 http://www.trade.gov/ ia/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. 4 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011) (‘‘Assessment in NME Proceedings’’) and the ‘‘Assessment Rates’’ section, below. E:\FR\FM\10JNN1.SGM 10JNN1

Agencies

[Federal Register Volume 78, Number 111 (Monday, June 10, 2013)]
[Notices]
[Pages 34640-34642]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13698]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-901]


Certain Lined Paper Products From the People's Republic of China: 
Preliminary Results and Rescission in Part of Antidumping Duty 
Administrative Review; 2011-2012

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

SUMMARY: The Department of Commerce (``the Department'') is conducting 
an administrative review of the antidumping duty order on certain lined 
paper products (``CLPP'') from the People's Republic of China 
(``PRC''). The period of review (``POR'') is September 1, 2011, through 
August 31, 2012. Of the three companies requested for review, the 
Department has preliminarily determined that Leo's Quality Products 
Co., Ltd./Denmax Plastic Stationery Factory (``Leo's/Denmax'') did not 
cooperate and will be treated as part of the PRC-wide entity; Shanghai 
Lian Li Paper Products Co., Ltd. (``Lian Li'') made no shipments of 
subject merchandise during the POR and will retain its separate rate 
status; and Hwa Fuh Plastics Co., Ltd./Li Teng Plastics (Shenzhen) Co., 
Ltd. (``Hwa Fuh/Li Teng'') could not be contacted so review of this 
company will be rescinded.

DATES: Effective Date: June 10, 2013.

FOR FURTHER INFORMATION CONTACT: Cindy Robinson or Eric B. Greynolds, 
AD/CVD Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington DC 20230; telephone (202) 482-3797 
or (202) 482-6071, respectively.

Scope of the Order

    The merchandise subject by the CLPP Order is certain lined paper 
products.\1\ The products are currently classified under the following 
Harmonized Tariff Schedule of the United States (``HTSUS'') 
subheadings: 4811.90.9035, 4811.90.9080, 4820.30.0040, 4810.22.5044, 
4811.90.9050, 4811.90.9090, 4820.10.2010, 4820.10.2020, 4820.10.2030, 
4820.10.2040, 4820.10.2050, 4820.10.2060, and 4820.10.4000. Although 
the HTSUS numbers are provided for convenience and customs purposes, 
the written product description in the CLPP Order \2\ remains 
dispositive.\3\
---------------------------------------------------------------------------

    \1\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value: Certain Lined Paper Products from the People's 
Republic of China; Notice of Antidumping Duty Orders: Certain Lined 
Paper Products from India, Indonesia, and the People's Republic of 
China; and Notice of Countervailing Duty Orders: Certain Lined Paper 
Products from India and Indonesia, 71 FR 56949 (September 28, 2006) 
(``CLPP Order'').
    \2\ Id.
    \3\ For a complete description of the scope of the order, see 
``Decision Memorandum for Preliminary Results of 2011-2012 
Antidumping Duty Administrative Review: Certain Lined Paper Products 
from the People's Republic of China'' (``Preliminary Decision 
Memorandum'') from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations to Paul Piquado, 
Assistant Secretary for Import Administration, dated concurrently 
with these preliminary results.
---------------------------------------------------------------------------

Methodology

    The Department has conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (``the Act''). In 
making our findings, we have relied, in part, on facts available, and 
because Leo's/Denmax 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. In 
addition, we assigned a dumping margin to the separate rate recipients 
based on Departmental practice which is described in the ``Separate 
Rates'' section below.
    For a full description of the methodology underlying our 
conclusions, see ``Preliminary Decision Memorandum,'' dated 
concurrently with these preliminary results 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 http://iaaccess.trade.gov, and it is available to all parties 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 http://www.trade.gov/ia/. The signed Preliminary Decision Memorandum and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Finding of No Sales Made During the POR

    Due to Lian Li's timely certification of non-shipment of subject 
merchandise to the United States during the POR, and our analysis of 
U.S. Customs and Border Protection (``CBP'') information, the 
Department preliminarily determines that Lian Li had no sales of 
subject merchandise 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,\4\ it is not 
appropriate to rescind the review with respect to Lian Li, but, rather, 
to complete the review with respect to Lian Li and issue appropriate 
instructions to CBP based on the final results of the review.
---------------------------------------------------------------------------

    \4\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) and the 
``Assessment Rates'' section below.
---------------------------------------------------------------------------

Intent To Rescind the Review, in Part

    With respect to Hwa Fuh/Li Teng, the Department was unable to 
deliver the initial questionnaire to Hwa Fu/Li Teng using the address 
provided by petitioner \5\ in its 2011-2012 administrative review 
request letter.\6\ Therefore, the Department intends to rescind the 
review with respect to Hwa Fuh/Li Teng, in accordance with our 
practice, from which we see no reason to deviate here.\7\
---------------------------------------------------------------------------

    \5\ Petitioner is the Association of American School Lined Paper 
Suppliers (``AASPS'') and its individual members: Norcom Inc., Top 
Flight, Inc. and ACCO Brands USA LLC (collectively, ``petitioner'').
    \6\ See Preliminary Decision Memorandum for details.
    \7\ See Certain Steel Concrete Reinforcing Bars from Turkey; 
Preliminary Results and Partial Rescission of Antidumping Duty 
Administrative Review, 71 FR 26,455, 26,457 (May 5, 2006) (unchanged 
in Certain Steel Concrete Reinforcing Bars From Turkey: Final 
Results and Rescission of Antidumping Duty Administrative Review in 
Part, 71 FR 65082 (November 7, 2006)); see also Certain Frozen 
Warmwater Shrimp from India: Preliminary Results and Partial 
Rescission of Antidumping Duty Administrative Review, 72 FR 10,658, 
(March 9, 2007) (unchanged in Certain Frozen Warmwater Shrimp from 
India: Final Results and Partial Rescission of Antidumping Duty 
Administrative Review, 72 FR 52055 (September 12, 2007)).

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

[[Page 34641]]

Separate Rates

    In the Initiation Notice,\8\ we informed parties of the opportunity 
to request a separate rate. In proceedings involving NME countries, the 
Department begins with a rebuttable presumption that all companies 
within the country are subject to government control and, thus, should 
be assigned a single antidumping duty deposit rate. It is the 
Department's policy to assign all exporters of merchandise subject to 
an administrative review involving an NME country this single rate 
unless an exporter can demonstrate that it is sufficiently independent 
so as to be entitled to a separate rate. Companies that wanted to be 
considered for a separate rate in this review were required to timely 
file a separate rate application or a separate rate certification to 
demonstrate eligibility for a separate rate. Separate rate applications 
and separate rate certifications were due to the Department within 60 
calendar days of the publication of the Initiation Notice.
---------------------------------------------------------------------------

    \8\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 77 FR 
65858 (October 31, 2012) (``Initiation Notice'').
---------------------------------------------------------------------------

    In this review, Leo's/Denmax did not respond to the Department's 
questionnaire nor file any information with the Department's IA ACCESS 
system, as required by 19 CFR 351.303, to rebut the presumption that 
like all companies within the PRC it is subject to government control. 
As further discussed in the Preliminarily Decision Memo, we determine 
that Leo's/Denmax has not demonstrated that it operates free from 
government control. Thus, we find that for purposes of the preliminary 
results of this review, Leo's/Denmax is part of the PRC-wide entity.

Preliminary Results of the Review

    The following preliminary dumping margin exists for the period 
September 1, 2011, through August 31, 2012:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                             dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
PRC-wide entity (which includes Leo's/Denmax)..............      258.21
------------------------------------------------------------------------

Disclosure and Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit cases 
briefs not later than the later of 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.\9\ Parties who submit case briefs or 
rebuttal briefs in this proceeding are encouraged to submit with each 
argument: (1) A brief summary of the argument not to exceed five pages, 
and (2) a table of statutes, regulations and cases cited.\10\ Case and 
rebuttal briefs should be filed using IA ACCESS.\11\
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.309(d).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
    \11\ See 19 CFR 351.303.
---------------------------------------------------------------------------

    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 within 30 days after the date of 
publication of this notice.\12\ Requests should contain: (1) The 
party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of the issues to be discussed. Issues 
raised in the hearing will be limited to those raised in the respective 
case 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.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    The Department will issue the final results of this administrative 
review, including the results of its analysis of the issues raised by 
the parties in any written briefs, not later 120 days after the date of 
publication of this notice, pursuant to section 751(a)(3)(A) of the 
Act.

Assessment Rate

    Upon issuance of the final results, the Department shall determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review.\13\ The Department intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review.
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

    For any individually examined respondents 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). We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review when the importer-specific 
assessment rate calculated in the final results of this review is above 
de minimis (i.e., 0.50 percent). 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.
    For the PRC-wide entity, we will instruct CBP to assess antidumping 
duties at an ad valorem rate equal to the weighted-average dumping 
margin published above.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date of the 
final results, as provided by sections 751(a)(2)(C) of the Act: (1) For 
previously investigated or reviewed PRC and non-PRC exporters not 
listed above that received a separate rate in a prior segment of this 
proceeding, the cash deposit rate will continue to be the existing 
exporter-specific rate published for the most recently completed 
period; (2) 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 rate for the PRC-wide entity, 258.21 percent; and (3) 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 that supplied that non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

[[Page 34642]]

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: June 3, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix

I. Summary
II. Background
III. Scope
IV. Discussion of the Methodology
V. Conclusion

[FR Doc. 2013-13698 Filed 6-7-13; 8:45 am]
BILLING CODE 3510-DS-P