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]
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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rescinded.
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AGENCY:
DATES:
Effective Date: June 10, 2013.
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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.
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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 https://
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
https://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)
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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) ........................
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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’’).
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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
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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.
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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.
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AGENCY:
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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.
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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 https://
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 https://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.
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]]>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]
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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 https://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 https://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)).
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[[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.
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\8\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 77 FR
65858 (October 31, 2012) (``Initiation Notice'').
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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\
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\9\ See 19 CFR 351.309(d).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
\11\ See 19 CFR 351.303.
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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.
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\12\ See 19 CFR 351.310(c).
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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.
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\13\ See 19 CFR 351.212(b)(1).
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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
