Certain Polyester Staple Fiber From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2011-2012, 38939-38941 [2013-15459]
Download as PDF
Federal Register / Vol. 78, No. 125 / Friday, June 28, 2013 / Notices
Background
On March 22, 2013, the Department
published the preliminary results of the
administrative review of the
antidumping duty order on PSF from
Taiwan.1 We invited interested parties
to comment on the Preliminary Results.
None were received.
The Department has conducted this
administrative review in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act).
Scope of the Order
The product covered by the order is
PSF. PSF is defined as synthetic staple
fibers, not carded, combed or otherwise
processed for spinning, of polyesters
measuring 3.3 decitex (3 denier,
inclusive) or more in diameter. This
merchandise is cut to lengths varying
from one inch (25 mm) to five inches
(127 mm). The merchandise subject to
the order may be coated, usually with a
silicon or other finish, or not coated.
PSF is generally used as stuffing in
sleeping bags, mattresses, ski jackets,
comforters, cushions, pillows, and
furniture. Merchandise of less than 3.3
decitex (less than 3 denier) currently
classifiable in the Harmonized Tariff
Schedule of the United States (HTSUS)
at subheading 5503.20.00.20 is
specifically excluded from the order.
Also specifically excluded from the
order are PSF of 10 to 18 denier that are
cut to lengths of 6 to 8 inches (fibers
used in the manufacture of carpeting).
In addition, low-melt PSF is excluded
from the order. Low-melt PSF is defined
as a bi-component fiber with an outer
sheath that melts at a significantly lower
temperature than its inner core.
The merchandise subject to the order
is currently classifiable in the HTSUS at
subheadings 5503.20.00.40,
5503.20.00.45, 5503.20.00.60, and
5503.20.00.65. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
subject to the order is dispositive.
Final Determination of No Shipments
For the final results of this review, we
determine that Nan Ya had no
shipments during the POR.
tkelley on DSK3SPTVN1PROD with NOTICES
Final Results of the Review
The Department made no changes to
its calculations announced in the
Preliminary Results. As a result of our
review, we determine that a weighted1 See Polyester Staple Fiber From Taiwan:
Preliminary Results of Antidumping Duty
Administrative Review; 2011–2012, 78 FR 17637
(March 22, 2013) (Preliminary Results).
VerDate Mar<15>2010
19:17 Jun 27, 2013
Jkt 229001
average dumping margin of 0.00 percent
exists for FENC for the POR.
Assessment Rates
In accordance with the Final
Modification,2 the Department will
instruct U.S. Customs and Border
Protection (CBP) to liquidate entries for
FENC without regard to antidumping
duties.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003.3 This clarification will
apply to entries of subject merchandise
during the POR produced by FENC for
which it did not know its merchandise
was destined for the United States. In
such instances, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.
Consistent with the Assessment Policy
Notice, because we continue to find that
Nan Ya had no shipments of subject
merchandise to the United States, we
will instruct CBP to liquidate any
applicable entries of subject
merchandise at the all-others rate if
there is no rate for the intermediate
company(ies) involved in the
transaction.
We intend to issue instructions to
CBP 15 days after publication of the
final results of this review.
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
notice of final results of administrative
review for all shipments of PSF from
Taiwan entered, or withdrawn from
warehouse, for consumption on or after
the date of publication as provided by
section 751(a)(2) of the Act: (1) The cash
deposit rate for FENC will be 0.00
percent, the weighted average dumping
margin established in the final results of
this administrative review; (2) for Nan
Ya and previously reviewed or
investigated companies not listed above,
the cash deposit rate will continue to be
the company-specific rate published for
the most recently completed segment of
this proceeding; (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
manufacturer of the merchandise for the
2 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101, 8102
(February 14, 2012) (Final Modification).
3 For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003) (Assessment Policy Notice).
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
38939
most recently completed segment of this
proceeding; (4) the cash deposit rate for
all other manufacturers or exporters will
continue to be 7.31 percent, the allothers rate established in the Notice of
Amended Final Determination of Sales
at Less Than Fair Value: Certain
Polyester Staple Fiber From the
Republic of Korea and Antidumping
Duty Orders: Certain Polyester Staple
Fiber From the Republic of Korea and
Taiwan, 65 FR 33807 (May 25, 2000).
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
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 sanctionable violation.
The Department is issuing and
publishing these final results of
administrative review in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: June 20, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. 2013–15448 Filed 6–27–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–905]
Certain Polyester Staple Fiber From
the People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review; 2011–2012
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
E:\FR\FM\28JNN1.SGM
28JNN1
38940
Federal Register / Vol. 78, No. 125 / Friday, June 28, 2013 / Notices
On March 6, 2013, the
Department of Commerce (the
‘‘Department’’) published the
Preliminary Results of the 2011–2012
administrative review of the
antidumping duty order on certain
polyester staple fiber (‘‘PSF’’) from the
People’s Republic of China (‘‘PRC’’).1
The period of review (‘‘POR’’) is June 1,
2011, through May 31, 2012. We
received no comments from interested
parties. The final dumping margin is
listed in the ‘‘Final Results of Review’’
section below.
DATES: Effective Date: June 28, 2013.
FOR FURTHER INFORMATION CONTACT:
Steven Hampton, AD/CVD Operations,
Office 9, Import Administration,
International Trade Administration,
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–0116.
SUPPLEMENTARY INFORMATION:
SUMMARY:
tkelley on DSK3SPTVN1PROD with NOTICES
Background
On March 6, 2013, the Department
published the Preliminary Results of the
administrative review of the
antidumping duty order on certain
polyester staple fiber from the PRC. We
invited interested parties to comment on
the Preliminary Results. None were
received. The Department has
conducted this administrative review in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (‘‘the
Act’’).
Scope of the Order
The merchandise subject to the order
is synthetic staple fibers, not carded,
combed or otherwise processed for
spinning, of polyesters measuring 3.3
decitex (3 denier, inclusive) or more in
diameter. This merchandise is cut to
lengths varying from one inch (25 mm)
to five inches (127 mm). The subject
merchandise may be coated, usually
with a silicon or other finish, or not
coated. PSF is generally used as stuffing
in sleeping bags, mattresses, ski jackets,
comforters, cushions, pillows, and
furniture.
The following products are excluded
from the scope of the order: (1) PSF of
less than 3.3 decitex (less than 3 denier)
currently classifiable in the Harmonized
Tariff Schedule of the United States
(‘‘HTSUS’’) at 5503.20.0025 and known
to the industry as PSF for spinning and
generally used in woven and knit
applications to produce textile and
1 See Certain Polyester Staple Fiber From the
People’s Republic of China: Preliminary Results and
Rescission in Part of the 2011–2012 Antidumping
Duty Administrative Review, 78 FR 14512 (March
6, 2013) (‘‘Preliminary Results’’).
VerDate Mar<15>2010
19:17 Jun 27, 2013
Jkt 229001
apparel products; (2) PSF of 10 to 18
denier that are cut to lengths of 6 to 8
inches and that are generally used in the
manufacture of carpeting; and (3) lowmelt PSF defined as a bi-component
fiber with an outer, non-polyester
sheath that melts at a significantly lower
temperature than its inner polyester
core (classified at HTSUS
5503.20.0015).
Certain PSF is classifiable under the
HTSUS numbers 5503.20.0045 and
5503.20.0065. Although the HTSUS
numbers are provided for convenience
and customs purposes, the written
description of the merchandise under
the order is dispositive.
PRC-Wide Entity
In the Preliminary Results, the
Department noted that Far Eastern
Industries (Shanghai) Ltd. and Far
Eastern Polychem Industries
(collectively ‘‘Far Eastern’’) does not
have a separate rate, and, therefore, it is
under review as part of the PRC-wide
entity.2 Also in the Preliminary Results,
the Department determined that Huvis
Sichuan Chemical Fiber Corp. and
Huvis Sichuan Polyester Fiber Ltd.
(collectively ‘‘Huvis Sichuan’’) failed to
demonstrate its continued eligibility for
a separate rate, and is considered to be
part of the PRC-wide entity. After
issuing the Preliminary Results, the
Department received no comments from
interested parties. Therefore, for these
final results, in accordance with section
776(a) and (b) of the Act, and as
explained in more detail in the
Preliminary Results, the Department
continues to find that Far Eastern and
Huvis Sichuan are part of the PRC-wide
entity.
Final Results of Review
The Department has made no changes
to the Preliminary Results. As a result of
our review, we determine that a
dumping margin of 44.3 percent exists
for the PRC-wide entity 3 for the POR.
Assessment
Upon issuance of the final results, the
Department will determine, and U.S.
Customs and Border Protection (‘‘CBP’’)
shall assess, antidumping duties on all
appropriate entries covered by this
review.4 The Department intends to
issue assessment instructions to CBP 15
2 See Preliminary Results, 78 FR at 14513, and
accompanying Decision Memorandum for
Preliminary Results and Rescission in Part of the
2011–2012 Antidumping Duty Administrative
Review: Certain Polyester Staple Fiber from the
People’s Republic of China at 5.
3 The PRC-wide entity includes Far Eastern and
Huvis Sichuan.
4 See 19 CFR 351.212(b)(1).
PO 00000
Frm 00029
Fmt 4703
Sfmt 4703
days after the publication date of the
final results of this review. The
Department announced a refinement to
its assessment practice in non-market
economy (‘‘NME’’) cases.5 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
NME-wide 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
NME-wide rate.6 For the PRC-wide
entity, we will instruct CBP to assess
antidumping duties at an ad valorem
rate equal to the dumping margin
published above.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results, as
provided by sections 751(a)(2)(C) of the
Act: (1) For previously investigated or
reviewed PRC and non-PRC exporters
not listed above that received a separate
rate in a prior segment of this
proceeding, the cash deposit rate will
continue to be the existing exporterspecific rate published for the most
recently completed segment of this
proceeding in which that exporter
participated; (2) for all PRC exporters of
subject merchandise that have not been
found to be entitled to a separate rate,
the cash deposit rate will be the rate for
the PRC-wide entity, 44.30 percent; and
(3) for all non-PRC exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the PRC
exporter that supplied that non-PRC
exporter. These deposit requirements,
when imposed, shall remain in effect
until further notice.
Notifications
This notice serves as a final 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
5 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
6 See id.
E:\FR\FM\28JNN1.SGM
28JNN1
Federal Register / Vol. 78, No. 125 / Friday, June 28, 2013 / Notices
during this POR. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
has occurred and the subsequent
assessment of doubled antidumping
duties.
This notice also serves as a reminder
to parties subject to the administrative
protective order (‘‘APO’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
The Department is issuing and
publishing these final results of
administrative review in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
for the period of review (POR) of April
1, 2012, through March 31, 2013.1
On April 29, 2013, in accordance with
section 751(a)(1) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.213(b)(2), the Department received a
timely request from Aquapharm
Chemicals Pvt Ltd (Aquapharm), a
producer and exporter of subject
merchandise, to conduct an
administrative review of its exports to
the United States during the POR.2 No
other interested party requested an
administrative review of the
antidumping duty order on HEDP from
India for the POR.
On June 3, 2013, the Department
published in the Federal Register a
notice of initiation of an administrative
review of the antidumping duty order
on HEDP from India.3 On June 4, 2013,
Aquapharm timely withdrew its request
for a review.4
Dated: June 20, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Pursuant to 19 CFR 351.213(d)(1), the
Department will rescind an
administrative review, in whole or in
part, if the parties that requested a
review withdraw the request within 90
days of the date of publication of notice
of initiation of the requested review.
Aquapharm withdrew its request for
review before the 90-day deadline, and
no other party requested an
administrative review of the
antidumping duty order. Therefore,
pursuant to 19 CFR 351.213(d)(1), we
are rescinding this review in whole.
[FR Doc. 2013–15459 Filed 6–27–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–847]
1-Hydroxyethylidene-1,
1-Diphosphonic Acid From India:
Rescission of Antidumping Duty
Administrative Review; 2012–2013
Assessment
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Brandon Custard or David Goldberger,
AD/CVD Operations, Office 2, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC, 20230;
telephone: (202) 482–1823 or (202) 482–
4136, respectively.
SUPPLEMENTARY INFORMATION:
tkelley on DSK3SPTVN1PROD with NOTICES
Background
On April 2, 2013, the Department of
Commerce (the Department) published
in the Federal Register a notice of
‘‘Opportunity to Request Administrative
Review’’ of the antidumping duty order
on 1-hydroxyethylidene-1,
1-diphosphonic acid (HEDP) from India
VerDate Mar<15>2010
19:17 Jun 27, 2013
Jkt 229001
Rescission of Review
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 78 FR 19645,
19646 (April 2, 2013).
2 See April 29, 2013, letter from Aquapharm to
the Department.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 78 FR 33052, 33054
(June 3, 2013).
4 See June 4, 2013, letter from Aquapharm to the
Department.
Frm 00030
Notification to Importers
This notice serves as the only
reminder to importers of their
responsibility, under 19 CFR
351.402(f)(2), to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification Regarding Administrative
Protective Order
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials, or
conversion to judicial protective order,
is hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
This notice is published in
accordance with section 751 of the Act
and 19 CFR 351.213(d)(4).
Dated: June 24, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2013–15547 Filed 6–27–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on all
appropriate entries. 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 directly to CBP 15 days
after the date of publication of this
notice in the Federal Register.
PO 00000
38941
Fmt 4703
Sfmt 4703
International Trade Administration
[A–570–863]
Honey From the People’s Republic of
China: Preliminary Results and Partial
Rescission of Antidumping Duty
Administrative Review; 2011–2012
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: As discussed below, the U.S.
Department of Commerce (‘‘the
Department’’) preliminarily determines
that none of the companies remaining
under review following the partial
rescission of this administrative review
have demonstrated their eligibility for a
separate rate.1 As such, they remain part
of the People’s Republic of China
(‘‘PRC’’)-wide entity. If we adopt these
preliminary results in the final results of
review, the Department will instruct
AGENCY:
1 See
E:\FR\FM\28JNN1.SGM
Attachment 1 to this notice.
28JNN1
Agencies
[Federal Register Volume 78, Number 125 (Friday, June 28, 2013)]
[Notices]
[Pages 38939-38941]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15459]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-905]
Certain Polyester Staple Fiber From the People's Republic of
China: Final Results of Antidumping Duty Administrative Review; 2011-
2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
[[Page 38940]]
SUMMARY: On March 6, 2013, the Department of Commerce (the
``Department'') published the Preliminary Results of the 2011-2012
administrative review of the antidumping duty order on certain
polyester staple fiber (``PSF'') from the People's Republic of China
(``PRC'').\1\ The period of review (``POR'') is June 1, 2011, through
May 31, 2012. We received no comments from interested parties. The
final dumping margin is listed in the ``Final Results of Review''
section below.
---------------------------------------------------------------------------
\1\ See Certain Polyester Staple Fiber From the People's
Republic of China: Preliminary Results and Rescission in Part of the
2011-2012 Antidumping Duty Administrative Review, 78 FR 14512 (March
6, 2013) (``Preliminary Results'').
---------------------------------------------------------------------------
DATES: Effective Date: June 28, 2013.
FOR FURTHER INFORMATION CONTACT: Steven Hampton, AD/CVD Operations,
Office 9, Import Administration, International Trade Administration,
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-0116.
SUPPLEMENTARY INFORMATION:
Background
On March 6, 2013, the Department published the Preliminary Results
of the administrative review of the antidumping duty order on certain
polyester staple fiber from the PRC. We invited interested parties to
comment on the Preliminary Results. None were received. The Department
has conducted this administrative review in accordance with section
751(a) of the Tariff Act of 1930, as amended (``the Act'').
Scope of the Order
The merchandise subject to the order is synthetic staple fibers,
not carded, combed or otherwise processed for spinning, of polyesters
measuring 3.3 decitex (3 denier, inclusive) or more in diameter. This
merchandise is cut to lengths varying from one inch (25 mm) to five
inches (127 mm). The subject merchandise may be coated, usually with a
silicon or other finish, or not coated. PSF is generally used as
stuffing in sleeping bags, mattresses, ski jackets, comforters,
cushions, pillows, and furniture.
The following products are excluded from the scope of the order:
(1) PSF of less than 3.3 decitex (less than 3 denier) currently
classifiable in the Harmonized Tariff Schedule of the United States
(``HTSUS'') at 5503.20.0025 and known to the industry as PSF for
spinning and generally used in woven and knit applications to produce
textile and apparel products; (2) PSF of 10 to 18 denier that are cut
to lengths of 6 to 8 inches and that are generally used in the
manufacture of carpeting; and (3) low-melt PSF defined as a bi-
component fiber with an outer, non-polyester sheath that melts at a
significantly lower temperature than its inner polyester core
(classified at HTSUS 5503.20.0015).
Certain PSF is classifiable under the HTSUS numbers 5503.20.0045
and 5503.20.0065. Although the HTSUS numbers are provided for
convenience and customs purposes, the written description of the
merchandise under the order is dispositive.
PRC-Wide Entity
In the Preliminary Results, the Department noted that Far Eastern
Industries (Shanghai) Ltd. and Far Eastern Polychem Industries
(collectively ``Far Eastern'') does not have a separate rate, and,
therefore, it is under review as part of the PRC-wide entity.\2\ Also
in the Preliminary Results, the Department determined that Huvis
Sichuan Chemical Fiber Corp. and Huvis Sichuan Polyester Fiber Ltd.
(collectively ``Huvis Sichuan'') failed to demonstrate its continued
eligibility for a separate rate, and is considered to be part of the
PRC-wide entity. After issuing the Preliminary Results, the Department
received no comments from interested parties. Therefore, for these
final results, in accordance with section 776(a) and (b) of the Act,
and as explained in more detail in the Preliminary Results, the
Department continues to find that Far Eastern and Huvis Sichuan are
part of the PRC-wide entity.
---------------------------------------------------------------------------
\2\ See Preliminary Results, 78 FR at 14513, and accompanying
Decision Memorandum for Preliminary Results and Rescission in Part
of the 2011-2012 Antidumping Duty Administrative Review: Certain
Polyester Staple Fiber from the People's Republic of China at 5.
---------------------------------------------------------------------------
Final Results of Review
The Department has made no changes to the Preliminary Results. As a
result of our review, we determine that a dumping margin of 44.3
percent exists for the PRC-wide entity \3\ for the POR.
---------------------------------------------------------------------------
\3\ The PRC-wide entity includes Far Eastern and Huvis Sichuan.
---------------------------------------------------------------------------
Assessment
Upon issuance of the final results, the Department will determine,
and U.S. Customs and Border Protection (``CBP'') shall assess,
antidumping duties on all appropriate entries covered by this
review.\4\ The Department intends to issue assessment instructions to
CBP 15 days after the publication date of the final results of this
review. The Department announced a refinement to its assessment
practice in non-market economy (``NME'') cases.\5\ 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 NME-wide 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 NME-wide rate.\6\
For the PRC-wide entity, we will instruct CBP to assess antidumping
duties at an ad valorem rate equal to the dumping margin published
above.
---------------------------------------------------------------------------
\4\ See 19 CFR 351.212(b)(1).
\5\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
\6\ See id.
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date of the
final results, as provided by sections 751(a)(2)(C) of the Act: (1) For
previously investigated or reviewed PRC and non-PRC exporters not
listed above that received a separate rate in a prior segment of this
proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate published for the most recently completed
segment of this proceeding in which that exporter participated; (2) for
all PRC exporters of subject merchandise that have not been found to be
entitled to a separate rate, the cash deposit rate will be the rate for
the PRC-wide entity, 44.30 percent; and (3) for all non-PRC exporters
of subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the PRC exporter that
supplied that non-PRC exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
Notifications
This notice serves as a final 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
[[Page 38941]]
during this POR. Failure to comply with this requirement could result
in the Department's presumption that reimbursement of antidumping
duties has occurred and the subsequent assessment of doubled
antidumping duties.
This notice also serves as a reminder to parties subject to the
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
The Department is issuing and publishing these final results of
administrative review in accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Dated: June 20, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2013-15459 Filed 6-27-13; 8:45 am]
BILLING CODE 3510-DS-P