Stainless Steel Plate in Coils From Belgium: Preliminary Results of Antidumping Duty Administrative Review; 2011-2012, 34644-34646 [2013-13701]

Download as PDF 34644 Federal Register / Vol. 78, No. 111 / Monday, June 10, 2013 / Notices the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by sections 751(a)(2)(C) of the Act: (1) For RZBC I&E the cash deposit rate will be its respective rate established in the final results of this review, except if the rate is zero or de minimis no cash deposit will be required; (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (3) for all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be that for the PRC-wide entity; and (4) 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. We have adjusted the preliminary results antidumping duty margin for export subsidies because the Department found evidence of an export subsidy in the companion countervailing duty proceeding. Additionally, the Department has not adjusted the preliminary results antidumping duty margin for estimated domestic subsidy pass-through because it has concluded that concurrent application of NME antidumping and countervailing duties do not necessarily and automatically result in overlapping remedies.15 mstockstill on DSK4VPTVN1PROD with NOTICES Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department’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 351.213. 15 See Preliminary Decision Memorandum. VerDate Mar<15>2010 16:56 Jun 07, 2013 Jkt 229001 Dated: June 3, 2013. Paul Piquado, Assistant Secretary for Import Administration. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum 1. Background 2. Scope of the Order 3. Non-Market Economy Country 4. Separate Rate 5. Surrogate Country and Surrogate Value Data 6. Fair Value Comparisons 7. U.S. Price 8. Normal Value 9. Export Subsidy Adjustment 10. Section 777A(f) of the Act 11. Currency Conversion [FR Doc. 2013–13707 Filed 6–7–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–423–808] Stainless Steel Plate in Coils From Belgium: Preliminary Results of Antidumping Duty Administrative Review; 2011–2012 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) is conducting the administrative review of the antidumping duty order on stainless steel plate in coils (steel plate) from Belgium, covering the period of review (POR) May 1, 2011, through April 30, 2012. This review covers one producer/ exporter of the subject merchandise, Aperam Stainless Belgium N.V. (ASB). We have preliminarily determined that, during the POR, ASB and its affiliate, Aperam Stainless Services and Solutions USA (Aperam USA) made U.S. sales that were below normal value. DATES: Effective Date: June 10, 2013. FOR FURTHER INFORMATION CONTACT: Eric B. Greynolds or Jolanta Lawska, 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) 482–6071 or (202) 482– 8362, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Scope of the Order The product covered by this order is certain stainless steel plate in coils. Stainless steel is alloy steel containing, by weight, 1.2 percent or less of carbon and 10.5 percent or more of chromium, PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 with or without other elements. The subject plate products are flat-rolled products, 254 mm or over in width and 4.75 mm or more in thickness, in coils, and annealed or otherwise heat treated and pickled or otherwise descaled.1 The merchandise subject to this order is currently classifiable in the harmonized Tariff Schedule of the United States (HTSUS) at subheadings: 7219.11.00.30, 7219.11.00.60, 7219.12.00.02, 7219.12.00.05, 7219.12.00.06, 7219.12.00.20, 7219.12.00.21, 7219.12.00.25, 7219.12.00.26, 7219.12.00.50, 7219.12.00.51, 7219.12.00.55, 7219.12.00.56, 7219.12.00.65, 7219.12.00.66, 7219.12.00.70, 7219.12.00.71, 7219.12.00.80, 7219.12.00.81, 7219.31.00.10, 7219.90.00.10, 7219.90.00.20, 7219.90.00.25, 7219.90.00.60, 7219.90.00.80, 7220.11.00.00, 7220.20.10.10, 7220.20.10.15, 7220.20.10.60, 7220.20.10.80, 7220.20.60.05, 7220.20.60.10, 7220.20.60.15, 7220.20.60.60, 7220.20.60.80, 7220.90.00.10, 7220.90.00.15, and 7220.90.00.60. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to the Antidumping Order 2 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. Normal Value (NV) is calculated in accordance with section 773 of the Act. In accordance with section 773(b) of the Act, we disregarded certain sales by 1 For a full description of the scope of the order, see the ‘‘Decision Memorandum for the Preliminary Results of Antidumping Duty Administrative Review: Stainless Steel Plate in Coils from Belgium,’’ from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration, dated concurrently with this notice (Preliminary Decision Memorandum). 2 See Antidumping Duty Orders; Certain Stainless Steel Plate in Coils From Belgium, Canada, Italy, the Republic of Korea, South Africa, and Taiwan, 64 FR 27756 (May 21, 1999); Notice of Amended Antidumping Duty Orders; Certain Stainless Steel Plate in Coils From Belgium, Canada, Italy, the Republic of Korea, South Africa, and Taiwan, 68 FR 11520 (March 11, 2003); Notice of Amended Antidumping Duty Orders; Certain Stainless Steel Plate in Coils From Belgium, Canada, Italy, the Republic of Korea, South Africa, and Taiwan, 68 FR 16117 (April 2, 2003); Notice of Correction to the Amended Antidumping Duty Orders; Certain Stainless Steel Plate in Coils From Belgium, Canada, Italy, the Republic of Korea, South Africa, and Taiwan, 68 FR 20114 (April 24, 2003) (collectively, Antidumping Order). E:\FR\FM\10JNN1.SGM 10JNN1 Federal Register / Vol. 78, No. 111 / Monday, June 10, 2013 / Notices ASB in the home market which were made at below-cost prices. To determine the appropriate comparison method, the Department applied a ‘‘differential pricing’’ analysis and has preliminarily determined to use the average-totransaction (A-to-T) alternative method in making comparisons of CEP and NV for ASB. For a full description of the methodology underlying our conclusions, see Preliminary Decision Memorandum dated concurrently with this notice 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 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. mstockstill on DSK4VPTVN1PROD with NOTICES Preliminary Results of the Review As a result of this review, we preliminarily determine that a dumping margin of 0.63 percent exists for ASB for the period May 1, 2011, through April 30, 2012. Disclosure and Public Comment The Department will disclose to parties to this proceeding the calculations performed in reaching the preliminary results within five days of the date of publication of these preliminary results.3 Interested parties may submit written comments (case briefs) within 30 days of publication of the preliminary results and rebuttal comments (rebuttal briefs) within five days after the time limit for filing case briefs.4 Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised in the case briefs. Parties who submit arguments are requested to submit with the argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. All briefs must be filed electronically using IA ACCESS. An electronically filed document must be received successfully in its entirety by the Department’s electronic records system, IA ACCESS. Interested parties who wish to request a hearing, or to participate if one is 3 See 4 See 19 CFR 351.224(b). 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1). VerDate Mar<15>2010 16:56 Jun 07, 2013 Jkt 229001 requested, must submit a written request to the Assistant Secretary for Import Administration, U.S. Department of Commerce, using Import Administration’s IA ACCESS system.5 Requests should contain the party’s name, address, and telephone number, the number of participants, and a list of the issues to be discussed. If a request for a hearing is made, we will inform parties of the scheduled date for the hearing which will be held at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a time and location to be determined.6 Parties should confirm by telephone the date, time, and location of the hearing. Unless the deadline is extended pursuant to section 751(a)(2)(B)(iv) of the Act, the Department will issue the final results of this administrative review, including the results of our analysis of the issues raised by the parties in their comments, within 120 days after issuance of these preliminary results. Assessment Rate Upon issuance of the final results, the Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. If ASB’s 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 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. 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 where applicable. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003. This clarification will apply to entries of subject merchandise during the POR produced by each 5 See 6 See PO 00000 19 CFR 351.310(c). 19 CFR 351.310. Frm 00011 Fmt 4703 Sfmt 4703 34645 respondent for which they did not know that their merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). We intend to issue instructions to CBP 15 days after publication of the final results of this review. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication of the final results of this administrative review, as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for ASB will be the rate established in the final results of this administrative review; (2) for merchandise exported by manufacturers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 8.54 percent, the all-others rate established in the investigation.7 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice 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 increase the subsequent 7 Implementation of the Findings of the WTO Panel in U.S.—Zeroing (EC): Notice of Determinations Under Section 129 of the Uruguay Round Agreements Act and Revocations and Partial Revocations of Certain Antidumping Duty Orders, 72 FR 25261 (May 4, 2007). E:\FR\FM\10JNN1.SGM 10JNN1 34646 Federal Register / Vol. 78, No. 111 / Monday, June 10, 2013 / Notices assessment of the antidumping duties by the amount of antidumping duties reimbursed. These preliminary results of review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: May 31, 2013. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. Appendix List of Topics Discussed in the Preliminary Decision Memorandum 1. Background 2. Scope of the Order 3. Discussion of Methodology [FR Doc. 2013–13701 Filed 6–7–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–832] Pure Magnesium from the People’s Republic of China: Preliminary Results of 2011–2012 Antidumping Duty Administrative Review 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 pure magnesium from the People’s Republic of China (‘‘PRC’’). The period of review (‘‘POR’’) is May 1, 2011, through April 30, 2012. The review covers two exporters of subject merchandise, Tianjin Magnesium Metal Co., Ltd. (‘‘TMM’’) and Tianjin Magnesium International Co., Ltd. (‘‘TMI’’). However, the Department preliminarily finds that TMI did not have reviewable transactions during the POR. Based on an analysis of the facts of this case and the evidence on the record, the Department preliminarily finds that TMM and Company A 1 are appropriately collapsed and treated as a single entity for purposes of calculating mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: 1 The identity of ‘‘Company A’’ is proprietary. See Memorandum from Andrew Medley, International Trade Compliance Analyst, through Melissa Skinner, Director, Antidumping and Countervailaing Duty Operations, Office 8, to Christian Marsh, Deputy Assistant Secretary for AD/CVD Operations, entitled, ‘‘2011–2012 Administrative Review of the Antidumping Duty Order on Pure Magnesium from the People’s Republic of China: Preliminary Affiliation and Collapsing Memorandum,’’ dated concurrently with this memorandum (‘‘Affiliation and Collapsing Memorandum’’). VerDate Mar<15>2010 16:56 Jun 07, 2013 Jkt 229001 a dumping margin in this proceeding.2 In addition, we preliminarily determine that TMM/Company A made sales of subject merchandise at less than normal value during the POR. DATES: Effective Date: June 10, 2013. FOR FURTHER INFORMATION CONTACT: Brendan Quinn or Andrew Medley, AD/ CVD Operations, Office 8, Import Administration, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–5848 or (202) 482–4987, respectively. SUPPLEMENTARY INFORMATION: Scope of Order Merchandise covered by the order is pure magnesium regardless of chemistry, form or size, unless expressly excluded from the scope of the order. Pure magnesium is a metal or alloy containing by weight primarily the element magnesium and produced by decomposing raw materials into magnesium metal.3 Pure magnesium products covered by the order are currently classifiable under Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) subheadings 8104.11.00, 8104.19.00, 8104.20.00, 8104.30.00, 8104.90.00, 3824.90.11, 3824.90.19 and 9817.00.90. Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope is dispositive. Preliminary Determination of No Shipments for TMI TMI submitted a timely-filed certification indicating that it had no shipments of subject merchandise to the United States during the POR.4 Consistent with its practice, the Department asked U.S. Customs and Border Protection (‘‘CBP’’) to conduct a query on potential shipments made by TMI during the POR; CBP did not provide any evidence that contradicts TMI’s claim of no shipments.5 We note 2 See Affiliation and Collapsing Memorandum. Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration, entitled, ‘‘Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Pure Magnesium from the People’s Republic of China,’’ dated concurrently with this notice (‘‘Preliminary Decision Memorandum’’) for a full description of the Scope of the Order. 4 See letter from TMI, entitled, ‘‘Pure Magnesium from the People’s Republic of China; A–570–832; Certification of No Sales by Tianjin Magnesium International, Co., Ltd.,’’ dated July 13, 2012. 5 See CBP Message Number 2261308, dated September 17, 2012. 3 See PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 that we will continue to examine TMI’s no shipment certification during this review. Based on TMI’s certification and our analysis of CBP information, we preliminarily determine that TMI did not have any reviewable transactions during the POR.6 Preliminary Determination of Affiliation and Collapsing Based on the evidence presented in TMM’s questionnaire responses, we preliminarily find that TMM and Company A are affiliated, pursuant to section 771(33)(E) of the Act.7 In addition, based on the evidence presented in the questionnaire responses, we preliminarily find that TMM and Company A should be treated as a single entity for the purposes of this review. This finding is based on the determination that there is significant potential for manipulation of price between the parties pursuant to the criteria laid out in 19 CFR 351.401(f),8 due to the high level of common ownership, interlocking boards and managers, and intertwined operations. For further discussion of the 6 In addition, the Department finds that, consistent with its recently announced refinement to its assessment practice in non-market economy (‘‘NME’’) cases, it is typically appropriate not to rescind the review in part in this circumstance, but rather to complete the review with respect to TMI. See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694–95 (October 24, 2011) and the ‘‘Assessment Rates’’ section, below. 7 The fact that TMM and Company A are affiliated through common ownership is uncontested on the record. 8 While 19 CFR 351.401(f) applies only to producers, the Department has found it to be instructive in determining whether non-producers should be collapsed and has used the criteria outlined in the regulation in its analysis. See, e.g., Freshwater Crawfish Tail Meat From the People’s Republic of China: Final Results of Administrative Antidumping Duty and New Shipper Reviews, and Final Rescission of New Shipper Review, 65 FR 20948 (April 19, 2000), and accompanying IDM at Section C; and Certain Preserved Mushrooms from the People’s Republic of China: Final Results of the Sixth Antidumping Duty New Shipper Review and Final Results and Partial Rescission of the Fourth Antidumping Duty Administrative Review, 69 FR 54635 (September 9, 2004), and accompanying IDM at Comment 1; see also Honey From Argentina: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Antidumping Duty Administrative Review, 77 FR 1458 (January 10, 2012), where the Department stated that: ‘‘The U.S. Court of International Trade (CIT) has found that collapsing exporters is consistent with a ‘‘reasonable interpretation of the {antidumping duty} statute.’’ See Hontex Enterprises, Inc. v. United States, 248 F. Supp. 2d. 1323, 1338 (CIT 2003) (Hontex). The CIT further noted that ‘‘to the extent that Commerce has followed its market economy collapsing regulations the {non-market economy (NME)} exporter collapsing methodology is necessarily permissible.’’ See id. at 1342. Unchanged in Honey From Argentina: Final Results of Antidumping Duty Administrative Review, 77 FR 36253 (June 18, 2012). E:\FR\FM\10JNN1.SGM 10JNN1

Agencies

[Federal Register Volume 78, Number 111 (Monday, June 10, 2013)]
[Notices]
[Pages 34644-34646]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13701]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-423-808]


Stainless Steel Plate in Coils From Belgium: Preliminary Results 
of Antidumping Duty Administrative Review; 2011-2012

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Department) is conducting the 
administrative review of the antidumping duty order on stainless steel 
plate in coils (steel plate) from Belgium, covering the period of 
review (POR) May 1, 2011, through April 30, 2012. This review covers 
one producer/exporter of the subject merchandise, Aperam Stainless 
Belgium N.V. (ASB). We have preliminarily determined that, during the 
POR, ASB and its affiliate, Aperam Stainless Services and Solutions USA 
(Aperam USA) made U.S. sales that were below normal value.

DATES: Effective Date: June 10, 2013.

FOR FURTHER INFORMATION CONTACT: Eric B. Greynolds or Jolanta Lawska, 
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-
6071 or (202) 482-8362, respectively.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The product covered by this order is certain stainless steel plate 
in coils. Stainless steel is alloy steel containing, by weight, 1.2 
percent or less of carbon and 10.5 percent or more of chromium, with or 
without other elements. The subject plate products are flat-rolled 
products, 254 mm or over in width and 4.75 mm or more in thickness, in 
coils, and annealed or otherwise heat treated and pickled or otherwise 
descaled.\1\ The merchandise subject to this order is currently 
classifiable in the harmonized Tariff Schedule of the United States 
(HTSUS) at subheadings: 7219.11.00.30, 7219.11.00.60, 7219.12.00.02, 
7219.12.00.05, 7219.12.00.06, 7219.12.00.20, 7219.12.00.21, 
7219.12.00.25, 7219.12.00.26, 7219.12.00.50, 7219.12.00.51, 
7219.12.00.55, 7219.12.00.56, 7219.12.00.65, 7219.12.00.66, 
7219.12.00.70, 7219.12.00.71, 7219.12.00.80, 7219.12.00.81, 
7219.31.00.10, 7219.90.00.10, 7219.90.00.20, 7219.90.00.25, 
7219.90.00.60, 7219.90.00.80, 7220.11.00.00, 7220.20.10.10, 
7220.20.10.15, 7220.20.10.60, 7220.20.10.80, 7220.20.60.05, 
7220.20.60.10, 7220.20.60.15, 7220.20.60.60, 7220.20.60.80, 
7220.90.00.10, 7220.90.00.15, and 7220.90.00.60. Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the merchandise subject to the Antidumping Order 
\2\ remains dispositive.
---------------------------------------------------------------------------

    \1\ For a full description of the scope of the order, see the 
``Decision Memorandum for the Preliminary Results of Antidumping 
Duty Administrative Review: Stainless Steel Plate in Coils from 
Belgium,'' from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Ronald K. 
Lorentzen, Acting Assistant Secretary for Import Administration, 
dated concurrently with this notice (Preliminary Decision 
Memorandum).
    \2\ See Antidumping Duty Orders; Certain Stainless Steel Plate 
in Coils From Belgium, Canada, Italy, the Republic of Korea, South 
Africa, and Taiwan, 64 FR 27756 (May 21, 1999); Notice of Amended 
Antidumping Duty Orders; Certain Stainless Steel Plate in Coils From 
Belgium, Canada, Italy, the Republic of Korea, South Africa, and 
Taiwan, 68 FR 11520 (March 11, 2003); Notice of Amended Antidumping 
Duty Orders; Certain Stainless Steel Plate in Coils From Belgium, 
Canada, Italy, the Republic of Korea, South Africa, and Taiwan, 68 
FR 16117 (April 2, 2003); Notice of Correction to the Amended 
Antidumping Duty Orders; Certain Stainless Steel Plate in Coils From 
Belgium, Canada, Italy, the Republic of Korea, South Africa, and 
Taiwan, 68 FR 20114 (April 24, 2003) (collectively, Antidumping 
Order).
---------------------------------------------------------------------------

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. Normal Value (NV) is calculated in accordance with section 773 of 
the Act. In accordance with section 773(b) of the Act, we disregarded 
certain sales by

[[Page 34645]]

ASB in the home market which were made at below-cost prices. To 
determine the appropriate comparison method, the Department applied a 
``differential pricing'' analysis and has preliminarily determined to 
use the average-to-transaction (A-to-T) alternative method in making 
comparisons of CEP and NV for ASB. For a full description of the 
methodology underlying our conclusions, see Preliminary Decision 
Memorandum dated concurrently with this notice 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 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.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine that a 
dumping margin of 0.63 percent exists for ASB for the period May 1, 
2011, through April 30, 2012.

Disclosure and Public Comment

    The Department will disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days of the date of publication of these preliminary results.\3\ 
Interested parties may submit written comments (case briefs) within 30 
days of publication of the preliminary results and rebuttal comments 
(rebuttal briefs) within five days after the time limit for filing case 
briefs.\4\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be 
limited to issues raised in the case briefs. Parties who submit 
arguments are requested to submit with the argument: (1) A statement of 
the issue; (2) a brief summary of the argument; and (3) a table of 
authorities. All briefs must be filed electronically using IA ACCESS. 
An electronically filed document must be received successfully in its 
entirety by the Department's electronic records system, IA ACCESS.
---------------------------------------------------------------------------

    \3\ See 19 CFR 351.224(b).
    \4\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
---------------------------------------------------------------------------

    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, U.S. Department of Commerce, using 
Import Administration's IA ACCESS system.\5\ Requests should contain 
the party's name, address, and telephone number, the number of 
participants, and a list of the issues to be discussed. If a request 
for a hearing is made, we will inform parties of the scheduled date for 
the hearing which will be held at the U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230, at a time and 
location to be determined.\6\ Parties should confirm by telephone the 
date, time, and location of the hearing.
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.310(c).
    \6\ See 19 CFR 351.310.
---------------------------------------------------------------------------

    Unless the deadline is extended pursuant to section 
751(a)(2)(B)(iv) of the Act, the Department will issue the final 
results of this administrative review, including the results of our 
analysis of the issues raised by the parties in their comments, within 
120 days after issuance of these preliminary results.

Assessment Rate

    Upon issuance of the final results, the Department shall determine, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review. If ASB's 
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. 
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 where applicable.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification will apply to entries of subject 
merchandise during the POR produced by each respondent for which they 
did not know that their merchandise was destined for the United States. 
In such instances, we will instruct CBP to liquidate unreviewed entries 
at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction. For a full discussion of this 
clarification, see Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication of the final 
results of this administrative review, as provided by section 751(a)(2) 
of the Act: (1) The cash deposit rate for ASB will be the rate 
established in the final results of this administrative review; (2) for 
merchandise exported by manufacturers or exporters not covered in this 
administrative review but covered in a prior segment of the proceeding, 
the cash deposit rate will continue to be the company-specific rate 
published for the most recent period; (3) if the exporter is not a firm 
covered in this review, a prior review, or the original investigation, 
but the manufacturer is, the cash deposit rate will be the rate 
established for the most recent period for the manufacturer of the 
merchandise; and (4) the cash deposit rate for all other manufacturers 
or exporters will continue to be 8.54 percent, the all-others rate 
established in the investigation.\7\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \7\ Implementation of the Findings of the WTO Panel in U.S.--
Zeroing (EC): Notice of Determinations Under Section 129 of the 
Uruguay Round Agreements Act and Revocations and Partial Revocations 
of Certain Antidumping Duty Orders, 72 FR 25261 (May 4, 2007).
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Notification to Importers

    This notice 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 increase the 
subsequent

[[Page 34646]]

assessment of the antidumping duties by the amount of antidumping 
duties reimbursed.
    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: May 31, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Background
2. Scope of the Order
3. Discussion of Methodology

[FR Doc. 2013-13701 Filed 6-7-13; 8:45 am]
BILLING CODE 3510-DS-P