Silica Bricks and Shapes From the People's Republic of China: Preliminary Determination of Antidumping Duty Investigation and Postponement of Final Determination, 37203-37205 [2013-14767]
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Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Notices
37203
Done at Washington, DC, on: June 14, 2013.
Mary Frances Lowe,
U.S. Manager for Codex Alimentarius.
Dated: June 13, 2013.
Elizabeth Whiteman,
Acting Executive Secretary.
[FR Doc. 2013–14659 Filed 6–19–13; 8:45 am]
[FR Doc. 2013–14775 Filed 6–19–13; 8:45 am]
BILLING CODE 3410–DM–P
BILLING CODE 3510–DS–P
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pose questions and offer comments.
Written comments may be offered at the
meeting or sent to the U.S. Delegate for
the 21st session of the CCRVDF, Kevin
Greenlees (see ADDRESSES). Written
comments should state that they relate
to activities of the 21st session of the
CCRVDF.
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
Foreign-Trade Zones Board
[B–20–2013]
USDA Nondiscrimination Statement
The U.S. Department of Agriculture
(USDA) prohibits discrimination in all
its programs and activities on the basis
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DEPARTMENT OF COMMERCE
[B–61–2013]
Foreign-Trade Zone 28—New Bedford,
Massachusetts, Application for
Subzone, Talbots Import, LLC,
Lakeville, Massachusetts
An application has been submitted to
the Foreign-Trade Zones (FTZ) Board
(the Board) by the City of New Bedford,
grantee of FTZ 28, requesting specialpurpose subzone status for the facility of
Talbots Import, LLC (Talbots), located in
Lakeville, Massachusetts. The
application was submitted pursuant to
the provisions of the Foreign-Trade
Zones Act, as amended (19 U.S.C. 81a–
81u), and the regulations of the FTZ
Board (15 CFR part 400). It was formally
docketed on June 13, 2013.
The proposed subzone (116 acres) is
located at 175–190 Kenneth W. Welch
Drive, Lakeville, Massachusetts. No
authorization for production activity has
been requested at this time.
In accordance with the FTZ Board’s
regulations, Kathleen Boyce of the FTZ
Staff is designated examiner to review
the application and make
recommendations to the FTZ Board.
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary at the address below. The
closing period for their receipt is July
30, 2013. Rebuttal comments in
response to material submitted during
the foregoing period may be submitted
during the subsequent 15-day period to
August 14, 2013.
A copy of the application will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the FTZ
Board’s Web site, which is accessible
via www.trade.gov/ftz.
For further information, contact
Kathleen Boyce at
Kathleen.Boyce@trade.gov (202) 482–
1346.
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Authorization of Production Activity;
Subzone 196A; TTI, Inc.
(Electromechanical and Circuit
Protection Devices Production/Kitting);
Fort Worth, Texas
On February 13, 2013, TTI, Inc.
submitted a notification of proposed
production activity to the Foreign-Trade
Zones (FTZ) Board for its facility within
Subzone 196A, in Fort Worth, Texas.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (78 FR 15683, 03–12–
2013). The FTZ Board has determined
that no further review of the activity is
warranted at this time. The production
activity described in the notification is
authorized, subject to the FTZ Act and
the Board’s regulations, including
Section 400.14.
Dated: June 13, 2013.
Elizabeth Whiteman,
Acting Executive Secretary.
[FR Doc. 2013–14774 Filed 6–19–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–988]
Silica Bricks and Shapes From the
People’s Republic of China:
Preliminary Determination of
Antidumping Duty Investigation and
Postponement of Final Determination
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) preliminarily
determines that silica bricks and shapes
from the People’s Republic of China
(‘‘PRC’’) are being, or are likely to be,
sold in the United States at less than fair
value (‘‘LTFV’’), as provided in section
733 of the Tariff Act of 1930, as
amended (‘‘the Act’’). The weightedaverage dumping margins are shown in
the ‘‘Preliminary Determination’’
section of this notice. We intend to issue
AGENCY:
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Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Notices
the final determination within 135 days
after publication of this preliminary
determination in the Federal Register.
DATES: Effective Date: June 20, 2013.
FOR FURTHER INFORMATION CONTACT:
Rebecca Pandolph or Jonathan Hill, AD/
CVD Operations, Office 4, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–3627 and (202)
482–3518, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The products covered by the scope of
this investigation are refractory bricks
and shapes, regardless of size, that
contain at least 90 percent silica (SiO2)
where at least 50 percent of the silica
content, by weight, is crystalline silica,
regardless of other materials contained
in the bricks and shapes. Refractory
refers to nonmetallic materials having
those chemical and physical properties
that make them applicable for
structures, or as components of systems,
that are exposed to environments above
1000 degrees Fahrenheit (538 degrees
Celsius). The products covered by the
scope of this investigation are currently
classified under Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’) numbers 6902.20.1020 and
6902.20.5020. Because the definition of
‘‘refractory’’ in the HTSUS differs from
that in the scope of this investigation,
products covered by the scope of this
investigation may also enter under
HTSUS number 6909.19.5095. Although
the HTSUS numbers are provided for
convenience and customs purposes, the
written description of the scope of this
proceeding is dispositive.
The scope of this investigation does
not cover refractory bricks and shapes,
regardless of size, that are made, in part,
from non-crystalline silica (commonly
referred to as fused silica) where the
silica content is less than 50 percent, by
weight, crystalline silica.
Methodology
The Department has conducted this
antidumping duty investigation in
accordance with section 731 of the Act.
Export prices have been calculated in
accordance with section 772 of the Act.
Because the PRC is a non-market
economy 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,
unless specified otherwise, the factors of
production (‘‘FOPs’’) for the respondent,
Tianjin New Century Refractories Co.,
Ltd.; Tianjin New World Import &
Export Trading Co., Ltd.; and XinYi
American Advanced Material Co., Ltd.
(collectively, ‘‘New Century Group’’)
have been valued using data from the
primary surrogate country, Ukraine, a
country comparable economically to the
PRC and a significant producer of
comparable merchandise.
For a full description of the
methodology underlying our
conclusions, see ‘‘Decision
Memorandum for Preliminary
Determination of the Antidumping Duty
Investigation of Silica Bricks and
Shapes 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’’)
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 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.
Combination Rates
In the Initiation Notice, the
Department stated that it would
calculate combination rates for the
respondents that are eligible for a
separate rate in this investigation.1 This
practice is described in Policy Bulletin
05.1.2
Preliminary Determination
The Department preliminarily
determines that the following weightedaverage dumping margins exist:
Weightedaverage
dumping
margin
(percent)
Exporter
Producer
Tianjin New Century Refractories Co., Ltd.; Tianjin New World Import & Export Trading Co., Ltd.; and XinYi American Advanced Material Co., Ltd.
PRC-wide Entity * ............................................................................................................
Dengfeng Yuzhong Refractories Co. Ltd ...
84.89
.....................................................................
91.16
* The PRC-wide entity includes Shandong Daqiao Co., Ltd.
The Department intends to disclose
calculations performed for this
preliminary determination to the parties
within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b). Case briefs or
other written comments may be
submitted to the Assistant Secretary for
Import Administration via IA ACCESS
no later than seven days after the date
on which the final verification report is
issued in this proceeding, and rebuttal
briefs, limited to issues raised in case
briefs, must be submitted via IA
ACCESS no later than five days after the
deadline for case briefs.3 A table of
contents, list of authorities used, and an
executive summary of issues should
accompany any briefs submitted to the
Department. The executive summary
should be limited to five pages total,
including footnotes.
Interested parties, who wish to
request a hearing, or to participate in a
hearing if one is requested, must submit
a written request to the Assistant
Secretary for Import Administration,
U.S. Department of Commerce, filed
1 See Silica Bricks and Shapes from the People’s
Republic of China: Initiation of Antidumping Duty
Investigation, 77 FR 73982, 73986 (December 12,
2012) (‘‘Initiation Notice’’).
2 See Import Administration’s Policy Bulletin No.
05.1, regarding, ‘‘Separate-Rates Practice and
Application of Combination Rates in Antidumping
Investigations involving Non-Market Economy
Countries,’’ (April 5, 2005) (‘‘Policy Bulletin 05.1’’),
available on the Department’s Web site at https://
ia.ita.doc.gov/policy/bull05-1.pdf.
3 See 19 CFR 351.309.
TKELLEY on DSK3SPTVN1PROD with NOTICES
Disclosure and Public Comment
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Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Notices
TKELLEY on DSK3SPTVN1PROD with NOTICES
electronically using IA ACCESS. An
electronically filed hearing request must
be received successfully in its entirety
by the Department’s electronic records
system, IA ACCESS, by 5:00 p.m.
Eastern Standard Time, within 30 days
after the date of publication of this
notice.4 Hearing requests should contain
the party’s name, address, and
telephone number, the number of
participants in the hearing, and a list of
the issues to be discussed at the hearing.
If a request for a hearing is made, the
Department intends to hold the hearing
at the U.S. Department of Commerce,
14th Street and Constitution Avenue
NW., Washington, DC 20230, at a time
and location to be determined. Parties
should confirm by telephone the date,
time, and location of the hearing, two
days before the scheduled date.
For the final determination in this
investigation, interested parties may
submit publicly available information to
value the FOPs within 40 days after the
publication of this preliminary
determination.5 In accordance with 19
CFR 351.301(c)(1) (2008), for the final
determination of this investigation,
interested parties may submit factual
information to rebut, clarify, or correct
factual information submitted by any
other interested party less than ten days
before, on, or after, the applicable
deadline for submission of such factual
information. However, the Department
notes that 19 CFR 351.301(c)(1) (2008)
permits new information only insofar as
it rebuts, clarifies, or corrects
information recently placed on the
record. The Department generally will
not accept the submission of additional,
previously absent-from-the-record
alternative surrogate value information
pursuant to 19 CFR 351.301(c)(1)
(2008).6 Additionally, for each piece of
factual information submitted with
surrogate value rebuttal comments, the
interested party must provide a written
explanation of the information that is
already on the record of the ongoing
proceeding that the factual information
intends to rebut, clarify, or correct.
Suspension of Liquidation
In accordance with section 733(d) of
the Act, the Department will instruct
U.S. Customs and Border Protection
(‘‘CBP’’) to suspend liquidation of all
entries of silica bricks and shapes from
the PRC, as described in the ‘‘Scope of
4 See
19 CFR 351.310(c).
19 CFR 351.301(c)(3)(i) (2008).
6 See 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.
5 See
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Jkt 229001
the Investigation’’ section, entered or
withdrawn from warehouse, for
consumption, on or after the date of
publication of this notice in the Federal
Register.
Pursuant to 19 CFR 351.205(d), the
Department will instruct CBP to require
a cash deposit 7 equal to the weightedaverage amount by which normal value
exceeds U.S. price as follows: (1) The
cash deposit rate for the exporter/
producer combination listed in the table
above will be equal to the weightedaverage dumping margin listed for that
combination in the table; (2) for all other
combinations of PRC exporters/
producers of the merchandise under
consideration, the cash deposit rate will
be equal to the weighted-average
dumping margin listed in the table
above for the PRC-wide entity; and (3)
for all non-PRC exporters of the
merchandise under consideration which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the PRC exporter/producer
combination that supplied that non-PRC
exporter. These cash deposit
instructions will remain in effect until
further notice.
International Trade Commission
(‘‘ITC’’) Notification
In accordance with section 733(f) of
the Act, we have notified the ITC of our
preliminary affirmative determination of
sales at LTFV. Section 735(b)(2) of the
Act requires the ITC to make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
silica bricks and shapes, or sales (or the
likelihood of sales) for importation, of
the merchandise under consideration
within 45 days of our final
determination.
Postponement of Final Determination
and Extension of Provisional Measures
On June 4, 2013, New Century Group
requested, pursuant to section
735(a)(2)(a) of the Act and 19 CFR
351.210(b)(2)(ii), that the Department
postpone its final determination to 135
days after publication of the preliminary
determination.8 Additionally, New
Century Group requested, pursuant to
19 CFR 351.210(e)(2) and section 733(d)
of the Act, that the Department extend
7 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
8 See Letter from New Century Group to Dr.
Rebecca Blank, Acting Secretary of Commerce
regarding, ‘‘Silica Bricks and Shapes from the
People’s Republic of China: Request for
Postponement of Final,’’ dated June 4, 2013.
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37205
the application of the provisional
measures from a four-month period to a
six-month period. In accordance with
section 735(a) of the Act and 19 CFR
351.210(b), the Department is granting
these requests to postpone the final
determination until no later than 135
days after the publication of this notice
in the Federal Register because (1) The
preliminary determination is
affirmative, (2) the requesting exporter
accounts for a significant proportion of
exports of the merchandise under
consideration, and (3) there are no
compelling reasons to deny these
requests. The Department is further
extending the application of the
provisional measures from a four-month
period to a six-month period.
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act.
Dated: June 13, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Scope Comments
2. Respondent Selection
3. Discussion of the Methodology
a. Non-Market Economy Country
b. Surrogate Country
c. Single Entity Treatment
d. Separate Rates
e. Application of Facts Available and
Adverse Inferences
f. Date of Sale
g. Fair Value Comparisons
h. Factor Valuation Methodology
i. Currency Conversion
4. Verification
[FR Doc. 2013–14767 Filed 6–19–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–848]
Freshwater Crawfish Tail Meat From
the People’s Republic of China:
Rescission of Antidumping Duty New
Shipper Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 26, 2013, the
Department of Commerce (the
Department) initiated the antidumping
duty new shipper review of freshwater
crawfish tail meat from the People’s
Republic of China (PRC) with respect to
Hubei Nature Agriculture Industry Co.,
Ltd. (Hubei Nature). The period of
AGENCY:
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]]>Agencies
[Federal Register Volume 78, Number 119 (Thursday, June 20, 2013)]
[Notices]
[Pages 37203-37205]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14767]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-988]
Silica Bricks and Shapes From the People's Republic of China:
Preliminary Determination of Antidumping Duty Investigation and
Postponement of Final Determination
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') preliminarily
determines that silica bricks and shapes from the People's Republic of
China (``PRC'') are being, or are likely to be, sold in the United
States at less than fair value (``LTFV''), as provided in section 733
of the Tariff Act of 1930, as amended (``the Act''). The weighted-
average dumping margins are shown in the ``Preliminary Determination''
section of this notice. We intend to issue
[[Page 37204]]
the final determination within 135 days after publication of this
preliminary determination in the Federal Register.
DATES: Effective Date: June 20, 2013.
FOR FURTHER INFORMATION CONTACT: Rebecca Pandolph or Jonathan Hill, AD/
CVD Operations, Office 4, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3627 and (202) 482-3518, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The products covered by the scope of this investigation are
refractory bricks and shapes, regardless of size, that contain at least
90 percent silica (SiO2) where at least 50 percent of the silica
content, by weight, is crystalline silica, regardless of other
materials contained in the bricks and shapes. Refractory refers to
nonmetallic materials having those chemical and physical properties
that make them applicable for structures, or as components of systems,
that are exposed to environments above 1000 degrees Fahrenheit (538
degrees Celsius). The products covered by the scope of this
investigation are currently classified under Harmonized Tariff Schedule
of the United States (``HTSUS'') numbers 6902.20.1020 and 6902.20.5020.
Because the definition of ``refractory'' in the HTSUS differs from that
in the scope of this investigation, products covered by the scope of
this investigation may also enter under HTSUS number 6909.19.5095.
Although the HTSUS numbers are provided for convenience and customs
purposes, the written description of the scope of this proceeding is
dispositive.
The scope of this investigation does not cover refractory bricks
and shapes, regardless of size, that are made, in part, from non-
crystalline silica (commonly referred to as fused silica) where the
silica content is less than 50 percent, by weight, crystalline silica.
Methodology
The Department has conducted this antidumping duty investigation in
accordance with section 731 of the Act. Export prices have been
calculated in accordance with section 772 of the Act. Because the PRC
is a non-market economy 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, unless specified otherwise, the factors of
production (``FOPs'') for the respondent, Tianjin New Century
Refractories Co., Ltd.; Tianjin New World Import & Export Trading Co.,
Ltd.; and XinYi American Advanced Material Co., Ltd. (collectively,
``New Century Group'') have been valued using data from the primary
surrogate country, Ukraine, a country comparable economically to the
PRC and a significant producer of comparable merchandise.
For a full description of the methodology underlying our
conclusions, see ``Decision Memorandum for Preliminary Determination of
the Antidumping Duty Investigation of Silica Bricks and Shapes 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'') 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 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.
Combination Rates
In the Initiation Notice, the Department stated that it would
calculate combination rates for the respondents that are eligible for a
separate rate in this investigation.\1\ This practice is described in
Policy Bulletin 05.1.\2\
---------------------------------------------------------------------------
\1\ See Silica Bricks and Shapes from the People's Republic of
China: Initiation of Antidumping Duty Investigation, 77 FR 73982,
73986 (December 12, 2012) (``Initiation Notice'').
\2\ See Import Administration's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (``Policy Bulletin 05.1''), available
on the Department's Web site at https://ia.ita.doc.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------
Preliminary Determination
The Department preliminarily determines that the following
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter Producer dumping
margin
(percent)
------------------------------------------------------------------------
Tianjin New Century Refractories Dengfeng Yuzhong 84.89
Co., Ltd.; Tianjin New World Refractories Co. Ltd.
Import & Export Trading Co., Ltd.;
and XinYi American Advanced
Material Co., Ltd.
PRC-wide Entity *.................. ...................... 91.16
------------------------------------------------------------------------
* The PRC-wide entity includes Shandong Daqiao Co., Ltd.
Disclosure and Public Comment
The Department intends to disclose calculations performed for this
preliminary determination to the parties within five days of the date
of publication of this notice in accordance with 19 CFR 351.224(b).
Case briefs or other written comments may be submitted to the Assistant
Secretary for Import Administration via IA ACCESS no later than seven
days after the date on which the final verification report is issued in
this proceeding, and rebuttal briefs, limited to issues raised in case
briefs, must be submitted via IA ACCESS no later than five days after
the deadline for case briefs.\3\ A table of contents, list of
authorities used, and an executive summary of issues should accompany
any briefs submitted to the Department. The executive summary should be
limited to five pages total, including footnotes.
---------------------------------------------------------------------------
\3\ See 19 CFR 351.309.
---------------------------------------------------------------------------
Interested parties, who wish to request a hearing, or to
participate in a hearing if one is requested, must submit a written
request to the Assistant Secretary for Import Administration, U.S.
Department of Commerce, filed
[[Page 37205]]
electronically using IA ACCESS. An electronically filed hearing request
must be received successfully in its entirety by the Department's
electronic records system, IA ACCESS, by 5:00 p.m. Eastern Standard
Time, within 30 days after the date of publication of this notice.\4\
Hearing requests should contain the party's name, address, and
telephone number, the number of participants in the hearing, and a list
of the issues to be discussed at the hearing. If a request for a
hearing is made, the Department intends to hold the hearing at the U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230, at a time and location to be determined. Parties
should confirm by telephone the date, time, and location of the
hearing, two days before the scheduled date.
---------------------------------------------------------------------------
\4\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
For the final determination in this investigation, interested
parties may submit publicly available information to value the FOPs
within 40 days after the publication of this preliminary
determination.\5\ In accordance with 19 CFR 351.301(c)(1) (2008), for
the final determination of this investigation, interested parties may
submit factual information to rebut, clarify, or correct factual
information submitted by any other interested party less than ten days
before, on, or after, the applicable deadline for submission of such
factual information. However, the Department notes that 19 CFR
351.301(c)(1) (2008) permits new information only insofar as it rebuts,
clarifies, or corrects information recently placed on the record. The
Department generally will not accept the submission of additional,
previously absent-from-the-record alternative surrogate value
information pursuant to 19 CFR 351.301(c)(1) (2008).\6\ Additionally,
for each piece of factual information submitted with surrogate value
rebuttal comments, the interested party must provide a written
explanation of the information that is already on the record of the
ongoing proceeding that the factual information intends to rebut,
clarify, or correct.
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\5\ See 19 CFR 351.301(c)(3)(i) (2008).
\6\ See 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.
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Suspension of Liquidation
In accordance with section 733(d) of the Act, the Department will
instruct U.S. Customs and Border Protection (``CBP'') to suspend
liquidation of all entries of silica bricks and shapes from the PRC, as
described in the ``Scope of the Investigation'' section, entered or
withdrawn from warehouse, for consumption, on or after the date of
publication of this notice in the Federal Register.
Pursuant to 19 CFR 351.205(d), the Department will instruct CBP to
require a cash deposit \7\ equal to the weighted-average amount by
which normal value exceeds U.S. price as follows: (1) The cash deposit
rate for the exporter/producer combination listed in the table above
will be equal to the weighted-average dumping margin listed for that
combination in the table; (2) for all other combinations of PRC
exporters/producers of the merchandise under consideration, the cash
deposit rate will be equal to the weighted-average dumping margin
listed in the table above for the PRC-wide entity; and (3) for all non-
PRC exporters of the merchandise under consideration which have not
received their own rate, the cash deposit rate will be the rate
applicable to the PRC exporter/producer combination that supplied that
non-PRC exporter. These cash deposit instructions will remain in effect
until further notice.
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\7\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
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International Trade Commission (``ITC'') Notification
In accordance with section 733(f) of the Act, we have notified the
ITC of our preliminary affirmative determination of sales at LTFV.
Section 735(b)(2) of the Act requires the ITC to make its final
determination as to whether the domestic industry in the United States
is materially injured, or threatened with material injury, by reason of
imports of silica bricks and shapes, or sales (or the likelihood of
sales) for importation, of the merchandise under consideration within
45 days of our final determination.
Postponement of Final Determination and Extension of Provisional
Measures
On June 4, 2013, New Century Group requested, pursuant to section
735(a)(2)(a) of the Act and 19 CFR 351.210(b)(2)(ii), that the
Department postpone its final determination to 135 days after
publication of the preliminary determination.\8\ Additionally, New
Century Group requested, pursuant to 19 CFR 351.210(e)(2) and section
733(d) of the Act, that the Department extend the application of the
provisional measures from a four-month period to a six-month period. In
accordance with section 735(a) of the Act and 19 CFR 351.210(b), the
Department is granting these requests to postpone the final
determination until no later than 135 days after the publication of
this notice in the Federal Register because (1) The preliminary
determination is affirmative, (2) the requesting exporter accounts for
a significant proportion of exports of the merchandise under
consideration, and (3) there are no compelling reasons to deny these
requests. The Department is further extending the application of the
provisional measures from a four-month period to a six-month period.
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\8\ See Letter from New Century Group to Dr. Rebecca Blank,
Acting Secretary of Commerce regarding, ``Silica Bricks and Shapes
from the People's Republic of China: Request for Postponement of
Final,'' dated June 4, 2013.
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This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act.
Dated: June 13, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Scope Comments
2. Respondent Selection
3. Discussion of the Methodology
a. Non-Market Economy Country
b. Surrogate Country
c. Single Entity Treatment
d. Separate Rates
e. Application of Facts Available and Adverse Inferences
f. Date of Sale
g. Fair Value Comparisons
h. Factor Valuation Methodology
i. Currency Conversion
4. Verification
[FR Doc. 2013-14767 Filed 6-19-13; 8:45 am]
BILLING CODE 3510-DS-P
