Aluminum Extrusions From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Rescission, in Part, 2010/12, 34986-34989 [2013-13816]
Download as PDF
<![CDATA[
34986
Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Notices
petitioner and SGBC, we find that SGBN
is merely a factory established and
owned by SGBC and, accordingly, there
is no basis to conduct a review for
SGBN.7 Therefore, the Department is
also rescinding this administrative
review with respect to SGB.
We are not rescinding the review for
CPZ/SKF, Dana Heavy Axle, NGBC,
Sihe, Timken Mexico, or Zhaofeng.
Assessment
Notification to Importers
This notice serves as a 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 doubled antidumping duties. See 19
CFR 351.402(f)(3).
wreier-aviles on DSK5TPTVN1PROD with NOTICES
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return/destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
This notice is issued and published in
accordance with section 777(i)(1) of the
Tariff Act of 1930, as amended, and 19
CFR 351.213(d)(4).
SGBC Final Rescission Memo, at 4.
VerDate Mar<15>2010
[FR Doc. 2013–13870 Filed 6–10–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–967]
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on all
appropriate entries. For the companies
for which this review is rescinded,
antidumping duties shall be assessed at
rates equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption, in
accordance with 19 CFR
351.212(c)(1)(i). The Department
intends to issue appropriate assessment
instructions to CBP 15 days after
publication of this notice.
7 See
Dated: June 5, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
18:43 Jun 10, 2013
Jkt 229001
Aluminum Extrusions From the
People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review and
Rescission, in Part, 2010/12
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 aluminum
extrusions from the People’s Republic of
China (‘‘PRC’’).1 The period of review
(‘‘POR’’) is November 12, 2010, through
April 30, 2012. The review covers two
exporters of subject merchandise who
are mandatory respondents: Kromet
International, Inc. (‘‘Kromet’’); and a
single entity comprised of Guang Ya
Aluminum Industrial Co., Ltd. (‘‘Guang
Ya’’), Foshan Guangcheng Aluminum
Co., Ltd. (‘‘Guangcheng’’) (collectively
‘‘Guang Ya Group’’); Guangdong
Zhongya Aluminum Co., Ltd.,
(‘‘Zhongya’’); and Foshan Nanhai Xinya
(‘‘Xinya’’) (collectively ‘‘Guang Ya
Group/Zhongya/Xinya’’). The
Department preliminarily finds that
Kromet did not make sales of subject
merchandise at less than normal value
and that Guang Ya Group/New
Zhongya/Xinya failed to demonstrate
that it was eligible for a separate rate
and thus is part of the PRC-wide entity.
Furthermore, the Department received
separate rate applications from 33
additional exporters, of which only four
have been preliminarily found to be
eligible for a separate rate: Gold
Mountain International Development
Limited; Shenzhen Jiuyuan Co., Ltd.;
Sincere Profit Limited; and Skyline
Exhibit Systems (Shanghai) Co., Ltd.
DATES: Effective Date: June 11, 2013.
FOR FURTHER INFORMATION CONTACT: Paul
Stolz or Demitrios Kalogeropoulos, AD/
CVD Operations, Office 8, Import
Administration, International Trade
AGENCY:
1 The Department initiated this review on July 10,
2012. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 77 FR 40565 (July
10, 2012) (‘‘Initiation Notice’’).
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
Administration, Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–4474 or (202) 482–2623,
respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise covered by the
Order 2 is aluminum extrusions which
are shapes and forms, produced by an
extrusion process, made from aluminum
alloys having metallic elements
corresponding to the alloy series
designations published by The
Aluminum Association commencing
with the numbers 1, 3, and 6 (or
proprietary equivalents or other
certifying body equivalents).3
Imports of the subject merchandise
are provided for under the following
categories of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’): 7610.10.00, 7610.90.00,
7615.10.30, 7615.10.71, 7615.10.91,
7615.19.10, 7615.19.30, 7615.19.50,
7615.19.70, 7615.19.90, 7615.20.00,
7616.99.10, 7616.99.50, 8479.89.98,
8479.90.94, 8513.90.20, 9403.10.00,
9403.20.00, 7604.21.00.00,
7604.29.10.00, 7604.29.30.10,
7604.29.30.50, 7604.29.50.30,
7604.29.50.60, 7608.20.00.30,
7608.20.00.90, 8302.10.30.00,
8302.10.60.30, 8302.10.60.60,
8302.10.60.90, 8302.20.00.00,
8302.30.30.10, 8302.30.30.60,
8302.41.30.00, 8302.41.60.15,
8302.41.60.45, 8302.41.60.50,
8302.41.60.80, 8302.42.30.10,
8302.42.30.15, 8302.42.30.65,
8302.49.60.35, 8302.49.60.45,
8302.49.60.55, 8302.49.60.85,
8302.50.00.00, 8302.60.90.00,
8305.10.00.50, 8306.30.00.00,
8418.99.80.05, 8418.99.80.50,
8418.99.80.60, 8419.90.10.00,
8422.90.06.40, 8479.90.85.00,
8486.90.00.00, 8487.90.00.80,
8503.00.95.20, 8516.90.50.00,
8516.90.80.50, 8708.80.65.90,
9401.90.50.81, 9403.90.10.40,
9403.90.10.50, 9403.90.10.85,
9403.90.25.40, 9403.90.25.80,
9403.90.40.05, 9403.90.40.10,
9403.90.40.60, 9403.90.50.05,
9403.90.50.10, 9403.90.50.80,
9403.90.60.05, 9403.90.60.10,
2 See Aluminum Extrusions from the People’s
Republic of China: Antidumping Duty Order, 76 FR
30650 (May 26, 2011) (‘‘Order’’).
3 See ‘‘Decision Memorandum for Preliminary
Results Antidumping Duty Administrative Review:
Aluminum Extrusions 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 concurrently with
this notice (‘‘Preliminary Decision Memorandum’’)
for a complete description of the scope of the Order.
E:\FR\FM\11JNN1.SGM
11JNN1
Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Notices
9403.90.60.80, 9403.90.70.05,
9403.90.70.10, 9403.90.70.80,
9403.90.80.10, 9403.90.80.15,
9403.90.80.20, 9403.90.80.30,
9403.90.80.41, 9403.90.80.51,
9403.90.80.61, 9506.51.40.00,
9506.51.60.00, 9506.59.40.40,
9506.70.20.90, 9506.91.00.10,
9506.91.00.20, 9506.91.00.30,
9506.99.05.10, 9506.99.05.20,
9506.99.05.30, 9506.99.15.00,
9506.99.20.00, 9506.99.25.80,
9506.99.28.00, 9506.99.55.00,
9506.99.60.80, 9507.30.20.00,
9507.30.40.00, 9507.30.60.00,
9507.90.60.00, and 9603.90.80.50.
The subject merchandise entered as
parts of other aluminum products may
be classifiable under the following
additional Chapter 76 subheadings:
7610.10, 7610.90, 7615.19, 7615.20, and
7616.99 as well as under other HTSUS
chapters. In addition, fin evaporator
coils may be classifiable under HTSUS
numbers: 8418.99.80.50 and
8418.99.80.60. While HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
Order is dispositive.4
Partial Rescission of Review
For those companies named in the
Initiation Notice for which all review
requests have been timely withdrawn
and which previously received separate
rate status in a completed prior segment
of this proceeding, we are rescinding
this administrative review, in
accordance with 19 CFR 351.213(d)(1).
These companies are Alnan Aluminium
Co., Ltd., Changshu Changsheng
Aluminum Products Co., Ltd., Pingguo
Asia Aluminum Co., Ltd., and Taishan
City Kam Kiu Aluminum Extrusion Co.,
Ltd.
For those companies named in the
Initiation Notice for which all review
requests have been withdrawn, but
which have not previously received
separate rate status, the Department’s
practice is to refrain from rescinding the
review with respect to these companies
at this time. While the requests for
review of these companies were timely
withdrawn, the companies remain a part
of the PRC-wide entity.5 The PRC-wide
4 See
Order.
companies are: (1) Clear Sky Inc. (2)
Foshan City Nanhai Hongjia Aluminum Alloy Co.,
Ltd.; (3) Guangdong Nanhai Foodstuffs Imp. & Exp.
Co., Ltd.; (4) Isource Asia Limited and affiliates; (5)
Kunshan Giant Light Metal Technology Co., Ltd.;
(6) Midea Air-Conditioning Equipment Co., Ltd.; (7)
Nidec Sankyo Singapore Pte. Ltd.; (8) Nidec Sankyo
(Zhejang) Corporation; (9) Ningbo Coaster
International Co., Ltd.; (10) Shanghai Dongsheng
Metal; (11) Shanghai Shen Hang Imp. & Exp. Co.,
Ltd.; (12) Sihui Shi Guo Yao Aluminum Co., Ltd.;
(13) Suzhou JRP Import & Export Co., Ltd.; (14)
wreier-aviles on DSK5TPTVN1PROD with NOTICES
5 These
VerDate Mar<15>2010
15:13 Jun 10, 2013
Jkt 229001
entity is under review for these
preliminary results. Thus, we are not
rescinding this review with respect to
these companies at this time, but the
Department will make a determination
with respect to the PRC-wide entity at
the conclusion of this review.
Methodology
The Department has conducted this
review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as
amended (‘‘the Act’’). Export and
constructed export prices have been
calculated in accordance with sections
772(a) and (b) of the Act. Because the
PRC is a non-market economy (‘‘NME’’)
within the meaning of section 771(18) of
the Act, normal value has been
calculated in accordance with section
773(c) of the Act. Specifically, the
respondent’s factors of production have
been valued using, when possible, the
Philippines as the surrogate country.
The Philippines is a market economy
country that is economically
comparable to the PRC and is a
significant producer of comparable
merchandise.6 To determine the
appropriate comparison method, the
Department applied a ‘‘differential
pricing’’ analysis and has preliminarily
determined to use the average-to average
method in making comparisons of
export price and constructed export
price to normal value for Kromet.
For a full description of the
methodology underlying our
preliminary results, 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, and is available to all
parties in the Central Records Unit,
Room 7046 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the Internet at https://
www.trade.gov/ia/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Shandong Huasheng Pesticide Machinery Co.; (15)
Tianjin Gangly Nonferrous Metal Materials Co., Ltd.
6 See Memorandum to Eugene Degnan, ‘‘Request
for a List of Surrogate Countries for an
Administrative Review of the Antidumping Duty
Order on Aluminum Extrusions from the People’s
Republic of China, dated January 25, 2013
(‘‘Surrogate Country Memorandum’’).
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
34987
Separate Rates
In the Initiation Notice, 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 NME country are
subject to government control and, thus,
should be assigned a single weightedaverage dumping margin. 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 (‘‘SRA’’) 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, ten exporters for which
a review was requested did not submit
separate-rate information to rebut the
presumption that, like all companies
within the PRC, they are subject to
government control.7 As further
discussed in the Preliminarily Decision
Memorandum, we determine that these
entities have not demonstrated that they
operate free from government control.
Thus, we preliminary determine that
they part of the PRC-wide entity.
Twenty-seven separate-rate applicants
still under review submitted a SRA that
did not demonstrate a sale/entry of
subject merchandise during the POR by
means of a U.S. Customs and Border
Protection (‘‘CBP’’) entry summary form
(CBP Form 7501) showing a suspended
AD/CVD entry.8 On May 14, 2013, the
7 These companies are: (1) Activa International
Incorporated; (2) Changzhou Changfa Power
Machinery Co., Ltd.; (3) Foshan Shunde Aoneng
Electrical Applicances Co., Ltd. (4) Foshan Yong Li
Jian Alu. Ltd. (5) Guangzhou Mingcan Die-Casting
Hardware Products Co., Ltd.; (6) Jiaxing Taixin
Metal Products Co., Ltd.; (7) North China
Aluminum Co., Ltd. (8) Metaltek Metal Industry
Ltd.; (9) Zhejuang Zhengte Group Co., Ltd.; and (10)
Zhuhai Runxingtai Electrical Equipment Co., Ltd.
8 These 27 companies are: (1) Acro Import and
Export Corp.; (2) Allied Maker Limited; (3)
Changzhou Changzheng Evaporator Co., Ltd.; (4)
Changzhou Tenglong Auto Parts Co., Ltd.; (5)
Dongguan Aoda Aluminum Co., Ltd.; (6) Dongguan
Golden Tiger Hardware Industrial Co., Ltd.; (7)
Dynamic Technologies China Ltd.; (8) Global PMX
(Dongguan) Co., Ltd.; (8) Gree Electric Appliances,
Inc. of Zhuhai; (10) Guangdong Whirlpool Electrical
Appliances Co., Ltd.; (11) Hangzhou Xingyi Metal
Products Co., Ltd.; (12) Hanyung Alcobis Co., Ltd.;
(13) Henan New Kelong Electrical Appliances Co.,
Ltd.; (14) IDEX Dinglee Technology (Tianjin) Co.,
Ltd.; (15) Jiangsu Changfa Refrigeration Co., Ltd.;
E:\FR\FM\11JNN1.SGM
Continued
11JNN1
34988
Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Notices
Department issued a supplemental
questionnaire to these 27 separate rate
applicants and requested an explanation
as to why their respective SRAs did not
pertain to a suspended AD/CVD entry,
and requested that the separate-rate
applicants submit documentation for
the first sale of suspended subject
merchandise made during the POR.9
Therefore, for these preliminary results,
the Department is not able to make a
determination whether these companies
are eligible for a separate rate, or had
reviewable entries of subject
merchandise. However, we will analyze
the responses from these companies to
our May 14, 2013, supplemental
questionnaire and will continue to
consider this issue for the final results.
Preliminary Results of Review
The Department preliminarily
determines that the following weightedaverage dumping margins exist for the
POR:
Exporter
Kromet International, Inc ......
Sincere Profit Limited ...........
Skyline Exhibit Systems
(Shanghai) Co., Ltd ...........
Gold Mountain International
Shenzhen Jiuyuan Co., Ltd ..
PRC-wide Entity10 ................
Weighted-average dumping
margin
(percent)
0.00
32.79
32.79
32.79
32.79
32.79
wreier-aviles on DSK5TPTVN1PROD with NOTICES
Disclosure and Public Comment
The Department intends to disclose to
the parties the calculations performed
(16) Jiaxing Jackson Travel Products Co., Ltd.; (17)
Justhere Co., Limited; (18) Metaltek Group Co., Ltd.;
(19) Midea International Trading Co., Ltd.; (20)
Shanghai Tongtai Precise Aluminum Alloy
Manufacturing Co., Ltd; (21) Shenzhen Hudson
Technology Development Co., Ltd.; (22) Suzhou
New Hongji Precision Part Co., Ltd.; (23) Taizhou
Lifeng Manufacturing Corp.; (24) Tianjin Jinmao
Import & Export Corp., Ltd. (25) Union Industry
(Asia) Co., Limited; (26) Xin Wei Aluminum
Company Limited, Guang Dong Xin Wei Aluminum
Products Co., Ltd., and Xin Wei Aluminum Co.,
Ltd.; and (27) Zhejiang Xinlong Industry Co., Ltd.
9 See the Department’s letter ‘‘Aluminum
Extrusions from the People’s Republic of China:
Supplemental Questionnaire—Separate Rate
Application,’’ dated May 14, 2013.
10 The PRC-wide entity includes: (1) Guang Ya
Group/Zhongya/Xinya; (2) Foshan City Nanhai
Hongjia Aluminum Alloy Co., Ltd.; (3) Foshan
Shunde Aoneng Electrical Appliances Co., Ltd.; (4)
Guangdong Nanhai Foodstuffs Imp. & Exp. Co.,
Ltd.; (5) Isource Asia Limited and affiliates; (6)
Kunshan Giant Light Metal Technology Co., Ltd.;
(7) Midea Air-Conditioning Equipment Co., Ltd.; (8)
Nidec Sankyo Singapore Pte. Ltd.; (9) Nidec Sankyo
(Zhejang) Corporation; (10) Ningbo Coaster
International Co., Ltd.; (11) Shanghai Dongsheng
Metal; (12) Shanghai Shen Hang Imp. & Exp. Co.,
Ltd.; (13) Sihui Shi Guo Yao Aluminum Co., Ltd.;
(14) Suzhou JRP Import & Export Co., Ltd.; (15)
Tianjin Gangly Nonferrous Metal Materials Co.,
Ltd.; (16) Activa International Incorporated; (17)
VerDate Mar<15>2010
15:13 Jun 10, 2013
Jkt 229001
for these preliminary results within five
days of the date of publication of this
notice in accordance with 19 CFR
351.224(b). Interested parties may
submit case briefs no later than 30 days
after the date of publication of these
preliminary results of review.11 Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed no later than
five days after the case briefs are filed.12
Any interested party may request a
hearing within 30 days of publication of
this notice.13 Hearing requests should
contain the following information: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations will
be limited to issues raised in the case
and rebuttal 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 20230.14
Unless otherwise extended, the
Department intends to issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in the case and
rebuttal briefs, within 120 days of
publication of these preliminary results,
pursuant to section 751(a)(3)(A) of the
Act.
Deadline for Submission of Publicly
Available Surrogate Value Information
In accordance with 19 CFR
351.301(c)(3)(ii) (2012), the deadline for
submission of publicly available
information to value factors of
production under 19 CFR 351.408(c) is
20 days after the date of publication of
the preliminary results. In accordance
with 19 CFR 351.301(c)(1) (2012), if an
interested party submits factual
information less than ten days before,
on, or after (if the Department has
extended the deadline), the applicable
deadline for submission of such factual
information, an interested party may
submit factual information to rebut,
clarify, or correct the factual
information no later than ten days after
such factual information is served on
the interested party. However, the
Department generally will not accept in
Changzhou Changfa Power Machinery Co., Ltd.;
(18) Foshan Yong Li Jian Alu. Ltd. (19) Guangzhou
Mingcan Die-Casting Hardware Products Co., Ltd.;
(20) Jiaxing Taixin Metal Products Co., Ltd.; (21)
Metaltek Metal Industry Ltd.; (22) Zhejuang
Zhengte Group Co., Ltd.; (23) Clear Sky Inc.; and
(24) Zhuhai Runxingtai Electrical Equipment Co.,
Ltd.; (25) Shandong Huasheng Pesticide Machinery
Co.; and (26) North China Aluminum Co., Ltd.
11 See 19 CFR 351.309(c).
12 See 19 CFR 351.309(d).
13 See 19 CFR 351.310(c).
14 See 19 CFR 351.310(d)(1).
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
the rebuttal submission additional or
alternative surrogate value information
not previously on the record, if the
deadline for submission of surrogate
value information has passed.15
Furthermore, the Department generally
will not accept business proprietary
information in either the surrogate value
submissions or the rebuttals thereto, as
the regulation regarding the submission
of surrogate values allows only for the
submission of publicly available
information.16
Assessment Rates
Upon issuance of the final results of
this review, the Department will
determine, and CBP shall assess,
antidumping duties on all appropriate
entries covered by this review.17 The
Department intends to issue appropriate
assessment instructions to CBP 15 days
after publication of the final results of
this review.
For each individually examined
respondent whose weighted-average
dumping margin is not zero or de
minimis (i.e., less than 0.5 percent), 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).18 For duty assessment
rates calculated on this basis, we will
direct CBP to assess the resulting ad
valorem rate against the entered
customs values for the subject
merchandise. If the weighted-average
dumping margin for the exporter is zero
or de minimis, or the importer-specific
assessment rate is zero or de minimis,
then the Department will instruct CBP
to liquidate the appropriate entries
without regard to antidumping duties.
The Department recently announced a
refinement to its assessment practice in
NME cases. Pursuant to this refinement
in practice, for entries that were not
reported in the U.S. sales databases
submitted by companies individually
examined during this review, the
Department will instruct CBP to
liquidate such entries at the PRC-wide
15 See, e.g., Glycine from the People’s Republic of
China: Final Results of Antidumping Duty
Administrative Review and Final Rescission, in
Part, 72 FR 58809 (October 17, 2007), and
accompanying Issues and Decision Memorandum at
Comment 2.
16 See 19 CFR 351.301(c)(3).
17 See 19 CFR 351.212(b)(1).
18 In these preliminary results, the Department
applied the assessment rate calculation method
adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
E:\FR\FM\11JNN1.SGM
11JNN1
Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Notices
rate. In addition, if the Department
determines that an exporter under
review had no shipments of the subject
merchandise, any suspended entries
that entered under that exporter’s case
number (i.e., at that exporter’s rate) will
be liquidated at the PRC-wide rate.19
The final results of this review shall
be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.
wreier-aviles on DSK5TPTVN1PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements for estimated antidumping
duties, when imposed, will apply to 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)(C) of the Act: (1) if
Kromet; Gold Mountain International
Development Limited; Shenzhen
Jiuyuan Co., Ltd.; Sincere Profit
Limited; or Skyline Exhibit Systems
(Shanghai) Co., Ltd., receive a separate
rate in the final results of this
administrative review, then their cash
deposit rate will be equal to the
weighted-average dumping margin
established in the final results of this
review (except, if the rate is zero or de
minimis, then the cash deposit rate will
be zero); (2) for any previously
investigated or reviewed PRC and nonPRC exporter that is not under review in
this segment of the proceeding but that
received a separate rate in a completed
prior segment, the cash deposit rate will
continue to be the exporter-specific rate
published for the most recently
completed segment of this proceeding;
(3) 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 equal to the cash
deposit rate for for the PRC-wide entity,
which will be equal to the weightedaverage dumping margin assigned to the
PRC-wide entity in the final results of
this administrative review; 20 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(s) that supplied that non-PRC
exporter. These cash deposit
19 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011).
20 See Aluminum Extrusions from the People’s
Republic of China: Final Determination of Sales at
Less Than Fair Value, 76 FR 18524 (April 4, 2011)
(‘‘Final Determination’’) and Order.
VerDate Mar<15>2010
15:13 Jun 10, 2013
Jkt 229001
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
Dated: June 3, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Partial Rescission of Administrative
Review
5. Affiliation and Collapsing
6. Non-Market Economy Country
7. Separate Rates
8. Separate-Rate Recipients
9. Rate for Separate-Rate Recipients
10. The PRC-wide Entity
11. Adverse Facts Available
12. Selection of an AFA Rate
13. Corroboration
14. Surrogate Country and Surrogate Value
Data
15. Surrogate Country
16. Economic Comparability
17. Significant Producers of Identical or
Comparable Merchandise
18. Data Availability
19. Date of Sale
20. Comparisons to Normal Value
21. Results of the Differential Pricing
Analysis
22. Export Price and Constructed Export
Price
23. Normal Value
24. Factor Valuations
25. Adjustment Under Section 777A(f) of the
Act
26. Currency Conversion
27. Conclusion
[FR Doc. 2013–13816 Filed 6–10–13; 8:45 am]
PO 00000
Frm 00016
Fmt 4703
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–908]
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 notice
of these results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
BILLING CODE 3510–DS–P
34989
Sodium Hexametaphosphate From the
People’s Republic of China: Final
Results of Expedited First Sunset
Review of the Antidumping Duty Order
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On February 1, 2013, the
Department of Commerce (the
‘‘Department’’) initiated the first fiveyear (‘‘sunset’’) review of the
antidumping duty order on sodium
hexametaphosphate from the People’s
Republic of China (‘‘PRC’’) pursuant to
section 751(c) of the Tariff Act of 1930,
as amended (the ‘‘Act’’).1 As a result of
this sunset review, the Department finds
that revocation of the antidumping duty
order on sodium hexametaphosphate
from the PRC would be likely to lead to
continuation or recurrence of dumping
at the levels indicated in the ‘‘Final
Results of Review’’ section of this
notice.
DATES: Effective Date: June 11, 2013.
FOR FURTHER INFORMATION CONTACT: Paul
Walker, AD/CVD Operations, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: 202.482.0413.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 4, 2013, the Department
received an adequate substantive
response from domestic interested
parties ICL Performance Products LP
and Innophos, Inc. (collectively,
‘‘Petitioners’’) within the deadline
specified in 19 CFR 351.218(d)(3)(i).2
We received no responses from
respondent interested parties. As a
result, the Department conducted an
expedited (120-day) sunset review of the
order, pursuant to section 751(c)(3)(B) of
the Act and 19 CFR
351.218(e)(1)(ii)(C)(2).
Scope of the Order
The merchandise subject to the order
is sodium hexametaphosphate. Sodium
hexametaphosphate is a water-soluble
polyphosphate glass that consists of a
distribution of polyphosphate chain
lengths. It is a collection of sodium
polyphosphate polymers built on
repeating NaPO3 units. Sodium
1 See Initiation of Five-Year (‘‘Sunset’’) Review, 78
FR 7400 (February 1, 2013).
2 See Petitioners’ March 4, 2013 submission.
Sfmt 4703
E:\FR\FM\11JNN1.SGM
11JNN1
]]>Agencies
[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Notices]
[Pages 34986-34989]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13816]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-967]
Aluminum Extrusions From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review and
Rescission, in Part, 2010/12
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting
an administrative review of the antidumping duty order on aluminum
extrusions from the People's Republic of China (``PRC'').\1\ The period
of review (``POR'') is November 12, 2010, through April 30, 2012. The
review covers two exporters of subject merchandise who are mandatory
respondents: Kromet International, Inc. (``Kromet''); and a single
entity comprised of Guang Ya Aluminum Industrial Co., Ltd. (``Guang
Ya''), Foshan Guangcheng Aluminum Co., Ltd. (``Guangcheng'')
(collectively ``Guang Ya Group''); Guangdong Zhongya Aluminum Co.,
Ltd., (``Zhongya''); and Foshan Nanhai Xinya (``Xinya'') (collectively
``Guang Ya Group/Zhongya/Xinya''). The Department preliminarily finds
that Kromet did not make sales of subject merchandise at less than
normal value and that Guang Ya Group/New Zhongya/Xinya failed to
demonstrate that it was eligible for a separate rate and thus is part
of the PRC-wide entity. Furthermore, the Department received separate
rate applications from 33 additional exporters, of which only four have
been preliminarily found to be eligible for a separate rate: Gold
Mountain International Development Limited; Shenzhen Jiuyuan Co., Ltd.;
Sincere Profit Limited; and Skyline Exhibit Systems (Shanghai) Co.,
Ltd.
---------------------------------------------------------------------------
\1\ The Department initiated this review on July 10, 2012. See
Initiation of Antidumping and Countervailing Duty Administrative
Reviews and Request for Revocation in Part, 77 FR 40565 (July 10,
2012) (``Initiation Notice'').
---------------------------------------------------------------------------
DATES: Effective Date: June 11, 2013.
FOR FURTHER INFORMATION CONTACT: Paul Stolz or Demitrios
Kalogeropoulos, AD/CVD Operations, Office 8, Import Administration,
International Trade Administration, Department of Commerce, 1401
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4474 or (202) 482-2623, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise covered by the Order \2\ is aluminum extrusions
which are shapes and forms, produced by an extrusion process, made from
aluminum alloys having metallic elements corresponding to the alloy
series designations published by The Aluminum Association commencing
with the numbers 1, 3, and 6 (or proprietary equivalents or other
certifying body equivalents).\3\
---------------------------------------------------------------------------
\2\ See Aluminum Extrusions from the People's Republic of China:
Antidumping Duty Order, 76 FR 30650 (May 26, 2011) (``Order'').
\3\ See ``Decision Memorandum for Preliminary Results
Antidumping Duty Administrative Review: Aluminum Extrusions 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
concurrently with this notice (``Preliminary Decision Memorandum'')
for a complete description of the scope of the Order.
---------------------------------------------------------------------------
Imports of the subject merchandise are provided for under the
following categories of the Harmonized Tariff Schedule of the United
States (``HTSUS''): 7610.10.00, 7610.90.00, 7615.10.30, 7615.10.71,
7615.10.91, 7615.19.10, 7615.19.30, 7615.19.50, 7615.19.70, 7615.19.90,
7615.20.00, 7616.99.10, 7616.99.50, 8479.89.98, 8479.90.94, 8513.90.20,
9403.10.00, 9403.20.00, 7604.21.00.00, 7604.29.10.00, 7604.29.30.10,
7604.29.30.50, 7604.29.50.30, 7604.29.50.60, 7608.20.00.30,
7608.20.00.90, 8302.10.30.00, 8302.10.60.30, 8302.10.60.60,
8302.10.60.90, 8302.20.00.00, 8302.30.30.10, 8302.30.30.60,
8302.41.30.00, 8302.41.60.15, 8302.41.60.45, 8302.41.60.50,
8302.41.60.80, 8302.42.30.10, 8302.42.30.15, 8302.42.30.65,
8302.49.60.35, 8302.49.60.45, 8302.49.60.55, 8302.49.60.85,
8302.50.00.00, 8302.60.90.00, 8305.10.00.50, 8306.30.00.00,
8418.99.80.05, 8418.99.80.50, 8418.99.80.60, 8419.90.10.00,
8422.90.06.40, 8479.90.85.00, 8486.90.00.00, 8487.90.00.80,
8503.00.95.20, 8516.90.50.00, 8516.90.80.50, 8708.80.65.90,
9401.90.50.81, 9403.90.10.40, 9403.90.10.50, 9403.90.10.85,
9403.90.25.40, 9403.90.25.80, 9403.90.40.05, 9403.90.40.10,
9403.90.40.60, 9403.90.50.05, 9403.90.50.10, 9403.90.50.80,
9403.90.60.05, 9403.90.60.10,
[[Page 34987]]
9403.90.60.80, 9403.90.70.05, 9403.90.70.10, 9403.90.70.80,
9403.90.80.10, 9403.90.80.15, 9403.90.80.20, 9403.90.80.30,
9403.90.80.41, 9403.90.80.51, 9403.90.80.61, 9506.51.40.00,
9506.51.60.00, 9506.59.40.40, 9506.70.20.90, 9506.91.00.10,
9506.91.00.20, 9506.91.00.30, 9506.99.05.10, 9506.99.05.20,
9506.99.05.30, 9506.99.15.00, 9506.99.20.00, 9506.99.25.80,
9506.99.28.00, 9506.99.55.00, 9506.99.60.80, 9507.30.20.00,
9507.30.40.00, 9507.30.60.00, 9507.90.60.00, and 9603.90.80.50.
The subject merchandise entered as parts of other aluminum products
may be classifiable under the following additional Chapter 76
subheadings: 7610.10, 7610.90, 7615.19, 7615.20, and 7616.99 as well as
under other HTSUS chapters. In addition, fin evaporator coils may be
classifiable under HTSUS numbers: 8418.99.80.50 and 8418.99.80.60.
While HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of this Order is
dispositive.\4\
---------------------------------------------------------------------------
\4\ See Order.
---------------------------------------------------------------------------
Partial Rescission of Review
For those companies named in the Initiation Notice for which all
review requests have been timely withdrawn and which previously
received separate rate status in a completed prior segment of this
proceeding, we are rescinding this administrative review, in accordance
with 19 CFR 351.213(d)(1). These companies are Alnan Aluminium Co.,
Ltd., Changshu Changsheng Aluminum Products Co., Ltd., Pingguo Asia
Aluminum Co., Ltd., and Taishan City Kam Kiu Aluminum Extrusion Co.,
Ltd.
For those companies named in the Initiation Notice for which all
review requests have been withdrawn, but which have not previously
received separate rate status, the Department's practice is to refrain
from rescinding the review with respect to these companies at this
time. While the requests for review of these companies were timely
withdrawn, the companies remain a part of the PRC-wide entity.\5\ The
PRC-wide entity is under review for these preliminary results. Thus, we
are not rescinding this review with respect to these companies at this
time, but the Department will make a determination with respect to the
PRC-wide entity at the conclusion of this review.
---------------------------------------------------------------------------
\5\ These companies are: (1) Clear Sky Inc. (2) Foshan City
Nanhai Hongjia Aluminum Alloy Co., Ltd.; (3) Guangdong Nanhai
Foodstuffs Imp. & Exp. Co., Ltd.; (4) Isource Asia Limited and
affiliates; (5) Kunshan Giant Light Metal Technology Co., Ltd.; (6)
Midea Air-Conditioning Equipment Co., Ltd.; (7) Nidec Sankyo
Singapore Pte. Ltd.; (8) Nidec Sankyo (Zhejang) Corporation; (9)
Ningbo Coaster International Co., Ltd.; (10) Shanghai Dongsheng
Metal; (11) Shanghai Shen Hang Imp. & Exp. Co., Ltd.; (12) Sihui Shi
Guo Yao Aluminum Co., Ltd.; (13) Suzhou JRP Import & Export Co.,
Ltd.; (14) Shandong Huasheng Pesticide Machinery Co.; (15) Tianjin
Gangly Nonferrous Metal Materials Co., Ltd.
---------------------------------------------------------------------------
Methodology
The Department has conducted this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (``the Act'').
Export and constructed export prices have been calculated in accordance
with sections 772(a) and (b) of the Act. Because the PRC is a non-
market economy (``NME'') within the meaning of section 771(18) of the
Act, normal value has been calculated in accordance with section 773(c)
of the Act. Specifically, the respondent's factors of production have
been valued using, when possible, the Philippines as the surrogate
country. The Philippines is a market economy country that is
economically comparable to the PRC and is a significant producer of
comparable merchandise.\6\ To determine the appropriate comparison
method, the Department applied a ``differential pricing'' analysis and
has preliminarily determined to use the average-to average method in
making comparisons of export price and constructed export price to
normal value for Kromet.
---------------------------------------------------------------------------
\6\ See Memorandum to Eugene Degnan, ``Request for a List of
Surrogate Countries for an Administrative Review of the Antidumping
Duty Order on Aluminum Extrusions from the People's Republic of
China, dated January 25, 2013 (``Surrogate Country Memorandum'').
---------------------------------------------------------------------------
For a full description of the methodology underlying our
preliminary results, 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, and is available to all
parties in the Central Records Unit, Room 7046 of the main Department
of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly on the
Internet at https://www.trade.gov/ia/. The signed Preliminary Decision
Memorandum and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
Separate Rates
In the Initiation Notice, 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 NME country are subject to government control and, thus,
should be assigned a single weighted-average dumping margin. 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 (``SRA'') 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, ten exporters for which a review was requested did
not submit separate-rate information to rebut the presumption that,
like all companies within the PRC, they are subject to government
control.\7\ As further discussed in the Preliminarily Decision
Memorandum, we determine that these entities have not demonstrated that
they operate free from government control. Thus, we preliminary
determine that they part of the PRC-wide entity.
---------------------------------------------------------------------------
\7\ These companies are: (1) Activa International Incorporated;
(2) Changzhou Changfa Power Machinery Co., Ltd.; (3) Foshan Shunde
Aoneng Electrical Applicances Co., Ltd. (4) Foshan Yong Li Jian Alu.
Ltd. (5) Guangzhou Mingcan Die-Casting Hardware Products Co., Ltd.;
(6) Jiaxing Taixin Metal Products Co., Ltd.; (7) North China
Aluminum Co., Ltd. (8) Metaltek Metal Industry Ltd.; (9) Zhejuang
Zhengte Group Co., Ltd.; and (10) Zhuhai Runxingtai Electrical
Equipment Co., Ltd.
---------------------------------------------------------------------------
Twenty-seven separate-rate applicants still under review submitted
a SRA that did not demonstrate a sale/entry of subject merchandise
during the POR by means of a U.S. Customs and Border Protection
(``CBP'') entry summary form (CBP Form 7501) showing a suspended AD/CVD
entry.\8\ On May 14, 2013, the
[[Page 34988]]
Department issued a supplemental questionnaire to these 27 separate
rate applicants and requested an explanation as to why their respective
SRAs did not pertain to a suspended AD/CVD entry, and requested that
the separate-rate applicants submit documentation for the first sale of
suspended subject merchandise made during the POR.\9\ Therefore, for
these preliminary results, the Department is not able to make a
determination whether these companies are eligible for a separate rate,
or had reviewable entries of subject merchandise. However, we will
analyze the responses from these companies to our May 14, 2013,
supplemental questionnaire and will continue to consider this issue for
the final results.
---------------------------------------------------------------------------
\8\ These 27 companies are: (1) Acro Import and Export Corp.;
(2) Allied Maker Limited; (3) Changzhou Changzheng Evaporator Co.,
Ltd.; (4) Changzhou Tenglong Auto Parts Co., Ltd.; (5) Dongguan Aoda
Aluminum Co., Ltd.; (6) Dongguan Golden Tiger Hardware Industrial
Co., Ltd.; (7) Dynamic Technologies China Ltd.; (8) Global PMX
(Dongguan) Co., Ltd.; (8) Gree Electric Appliances, Inc. of Zhuhai;
(10) Guangdong Whirlpool Electrical Appliances Co., Ltd.; (11)
Hangzhou Xingyi Metal Products Co., Ltd.; (12) Hanyung Alcobis Co.,
Ltd.; (13) Henan New Kelong Electrical Appliances Co., Ltd.; (14)
IDEX Dinglee Technology (Tianjin) Co., Ltd.; (15) Jiangsu Changfa
Refrigeration Co., Ltd.; (16) Jiaxing Jackson Travel Products Co.,
Ltd.; (17) Justhere Co., Limited; (18) Metaltek Group Co., Ltd.;
(19) Midea International Trading Co., Ltd.; (20) Shanghai Tongtai
Precise Aluminum Alloy Manufacturing Co., Ltd; (21) Shenzhen Hudson
Technology Development Co., Ltd.; (22) Suzhou New Hongji Precision
Part Co., Ltd.; (23) Taizhou Lifeng Manufacturing Corp.; (24)
Tianjin Jinmao Import & Export Corp., Ltd. (25) Union Industry
(Asia) Co., Limited; (26) Xin Wei Aluminum Company Limited, Guang
Dong Xin Wei Aluminum Products Co., Ltd., and Xin Wei Aluminum Co.,
Ltd.; and (27) Zhejiang Xinlong Industry Co., Ltd.
\9\ See the Department's letter ``Aluminum Extrusions from the
People's Republic of China: Supplemental Questionnaire--Separate
Rate Application,'' dated May 14, 2013.
---------------------------------------------------------------------------
Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margins exist for the POR:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
Kromet International, Inc............................... 0.00
Sincere Profit Limited.................................. 32.79
Skyline Exhibit Systems (Shanghai) Co., Ltd............. 32.79
Gold Mountain International............................. 32.79
Shenzhen Jiuyuan Co., Ltd............................... 32.79
PRC-wide Entity\10\..................................... 32.79
------------------------------------------------------------------------
Disclosure and Public Comment
The Department intends to disclose to the parties the calculations
performed for these preliminary results within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs no later than 30 days after
the date of publication of these preliminary results of review.\11\
Rebuttal briefs, limited to issues raised in the case briefs, may be
filed no later than five days after the case briefs are filed.\12\
---------------------------------------------------------------------------
\10\ The PRC-wide entity includes: (1) Guang Ya Group/Zhongya/
Xinya; (2) Foshan City Nanhai Hongjia Aluminum Alloy Co., Ltd.; (3)
Foshan Shunde Aoneng Electrical Appliances Co., Ltd.; (4) Guangdong
Nanhai Foodstuffs Imp. & Exp. Co., Ltd.; (5) Isource Asia Limited
and affiliates; (6) Kunshan Giant Light Metal Technology Co., Ltd.;
(7) Midea Air-Conditioning Equipment Co., Ltd.; (8) Nidec Sankyo
Singapore Pte. Ltd.; (9) Nidec Sankyo (Zhejang) Corporation; (10)
Ningbo Coaster International Co., Ltd.; (11) Shanghai Dongsheng
Metal; (12) Shanghai Shen Hang Imp. & Exp. Co., Ltd.; (13) Sihui Shi
Guo Yao Aluminum Co., Ltd.; (14) Suzhou JRP Import & Export Co.,
Ltd.; (15) Tianjin Gangly Nonferrous Metal Materials Co., Ltd.; (16)
Activa International Incorporated; (17) Changzhou Changfa Power
Machinery Co., Ltd.; (18) Foshan Yong Li Jian Alu. Ltd. (19)
Guangzhou Mingcan Die-Casting Hardware Products Co., Ltd.; (20)
Jiaxing Taixin Metal Products Co., Ltd.; (21) Metaltek Metal
Industry Ltd.; (22) Zhejuang Zhengte Group Co., Ltd.; (23) Clear Sky
Inc.; and (24) Zhuhai Runxingtai Electrical Equipment Co., Ltd.;
(25) Shandong Huasheng Pesticide Machinery Co.; and (26) North China
Aluminum Co., Ltd.
\11\ See 19 CFR 351.309(c).
\12\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------
Any interested party may request a hearing within 30 days of
publication of this notice.\13\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the case and rebuttal 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.\14\
---------------------------------------------------------------------------
\13\ See 19 CFR 351.310(c).
\14\ See 19 CFR 351.310(d)(1).
---------------------------------------------------------------------------
Unless otherwise extended, the Department intends to issue the
final results of this administrative review, which will include the
results of its analysis of issues raised in the case and rebuttal
briefs, within 120 days of publication of these preliminary results,
pursuant to section 751(a)(3)(A) of the Act.
Deadline for Submission of Publicly Available Surrogate Value
Information
In accordance with 19 CFR 351.301(c)(3)(ii) (2012), the deadline
for submission of publicly available information to value factors of
production under 19 CFR 351.408(c) is 20 days after the date of
publication of the preliminary results. In accordance with 19 CFR
351.301(c)(1) (2012), if an interested party submits factual
information less than ten days before, on, or after (if the Department
has extended the deadline), the applicable deadline for submission of
such factual information, an interested party may submit factual
information to rebut, clarify, or correct the factual information no
later than ten days after such factual information is served on the
interested party. However, the Department generally will not accept in
the rebuttal submission additional or alternative surrogate value
information not previously on the record, if the deadline for
submission of surrogate value information has passed.\15\ Furthermore,
the Department generally will not accept business proprietary
information in either the surrogate value submissions or the rebuttals
thereto, as the regulation regarding the submission of surrogate values
allows only for the submission of publicly available information.\16\
---------------------------------------------------------------------------
\15\ See, e.g., Glycine from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review and Final
Rescission, in Part, 72 FR 58809 (October 17, 2007), and
accompanying Issues and Decision Memorandum at Comment 2.
\16\ See 19 CFR 351.301(c)(3).
---------------------------------------------------------------------------
Assessment Rates
Upon issuance of the final results of this review, the Department
will determine, and CBP shall assess, antidumping duties on all
appropriate entries covered by this review.\17\ The Department intends
to issue appropriate assessment instructions to CBP 15 days after
publication of the final results of this review.
---------------------------------------------------------------------------
\17\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
For each individually examined respondent whose weighted-average
dumping margin is not zero or de minimis (i.e., less than 0.5 percent),
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).\18\ For duty assessment
rates calculated on this basis, we will direct CBP to assess the
resulting ad valorem rate against the entered customs values for the
subject merchandise. If the weighted-average dumping margin for the
exporter is zero or de minimis, or the importer-specific assessment
rate is zero or de minimis, then the Department will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------
\18\ In these preliminary results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------
The Department recently announced a refinement to its assessment
practice in NME cases. Pursuant to this refinement in practice, for
entries that were not reported in the U.S. sales databases submitted by
companies individually examined during this review, the Department will
instruct CBP to liquidate such entries at the PRC-wide
[[Page 34989]]
rate. In addition, if the Department determines that an exporter under
review had no shipments of the subject merchandise, any suspended
entries that entered under that exporter's case number (i.e., at that
exporter's rate) will be liquidated at the PRC-wide rate.\19\
---------------------------------------------------------------------------
\19\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011).
---------------------------------------------------------------------------
The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements for estimated antidumping
duties, when imposed, will apply to 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)(C) of the Act: (1) if Kromet;
Gold Mountain International Development Limited; Shenzhen Jiuyuan Co.,
Ltd.; Sincere Profit Limited; or Skyline Exhibit Systems (Shanghai)
Co., Ltd., receive a separate rate in the final results of this
administrative review, then their cash deposit rate will be equal to
the weighted-average dumping margin established in the final results of
this review (except, if the rate is zero or de minimis, then the cash
deposit rate will be zero); (2) for any previously investigated or
reviewed PRC and non-PRC exporter that is not under review in this
segment of the proceeding but that received a separate rate in a
completed prior segment, the cash deposit rate will continue to be the
exporter-specific rate published for the most recently completed
segment of this proceeding; (3) 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 equal to the cash deposit rate for for
the PRC-wide entity, which will be equal to the weighted-average
dumping margin assigned to the PRC-wide entity in the final results of
this administrative review; \20\ 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(s) that
supplied that non-PRC exporter. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------
\20\ See Aluminum Extrusions from the People's Republic of
China: Final Determination of Sales at Less Than Fair Value, 76 FR
18524 (April 4, 2011) (``Final Determination'') and Order.
---------------------------------------------------------------------------
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 notice of these results in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: June 3, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Partial Rescission of Administrative Review
5. Affiliation and Collapsing
6. Non-Market Economy Country
7. Separate Rates
8. Separate-Rate Recipients
9. Rate for Separate-Rate Recipients
10. The PRC-wide Entity
11. Adverse Facts Available
12. Selection of an AFA Rate
13. Corroboration
14. Surrogate Country and Surrogate Value Data
15. Surrogate Country
16. Economic Comparability
17. Significant Producers of Identical or Comparable Merchandise
18. Data Availability
19. Date of Sale
20. Comparisons to Normal Value
21. Results of the Differential Pricing Analysis
22. Export Price and Constructed Export Price
23. Normal Value
24. Factor Valuations
25. Adjustment Under Section 777A(f) of the Act
26. Currency Conversion
27. Conclusion
[FR Doc. 2013-13816 Filed 6-10-13; 8:45 am]
BILLING CODE 3510-DS-P
