Stainless Steel Plate in Coils From Belgium: Preliminary Results of Antidumping Duty Administrative Review; 2011-2012, 34644-34646 [2013-13701]
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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entered, or withdrawn from warehouse,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.
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16:56 Jun 07, 2013
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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).
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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 https://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 https://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).
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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
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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’’).
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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
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]]>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]
-----------------------------------------------------------------------
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 https://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 https://www.trade.gov/ia/. The signed Preliminary Decision
Memorandum and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of the Review
As a result of this review, we preliminarily determine that a
dumping margin of 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.
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\3\ See 19 CFR 351.224(b).
\4\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
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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.
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\5\ See 19 CFR 351.310(c).
\6\ See 19 CFR 351.310.
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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
