Chlorinated Isocyanurates From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2011-2012, 41364-41366 [2013-16578]
Download as PDF
<![CDATA[
41364
Federal Register / Vol. 78, No. 132 / Wednesday, July 10, 2013 / Notices
notice to
OIRA_Submission@omb.eop.gov.
Submission for OMB Review;
Comment Request
TKELLEY on DSK3SPTVN1PROD with NOTICES
DEPARTMENT OF COMMERCE
Dated: July 3, 2013.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: National Oceanic and
Atmospheric Administration (NOAA).
Title: Marine Recreational Information
Program Longitudinal Survey of
Recreational Fishing Participation.
OMB Control Number: None.
Form Number(s): NA.
Type of Request: Regular submission
(request for a new information
collection).
Number of Respondents: 5,131.
Average Hours per Response: 10
minutes.
Burden Hours: 1,593.
Needs and Uses: This request is for a
new information collection.
Marine recreational anglers are
surveyed to collect catch and effort data,
fish biology data, and angler
socioeconomic characteristics. These
data are required to carry out provisions
of the Magnuson-Stevens Fishery
Conservation and Management Act (16
U.S.C. 1801 et seq.), as amended,
regarding conservation and management
of fishery resources.
This data collection will test the
effectiveness of a longitudinal panel
study for contacting anglers and
determining how many individuals
participate in recreational saltwater
fishing. The goal of the study is to assess
the feasibility of the data collection
design for collecting recreational fishing
data, as well as testing assumptions and
measuring potential sources of error in
ongoing recreational fishing surveys.
Affected Public: Individuals or
households.
Frequency: Every four months;
annually.
Respondent’s Obligation: Voluntary.
OMB Desk Officer:
OIRA_Submission@omb.eop.gov.
Copies of the above information
collection proposal can be obtained by
calling or writing Jennifer Jessup,
Departmental Paperwork Clearance
Officer, (202) 482–0336, Department of
Commerce, Room 6616, 14th and
Constitution Avenue NW., Washington,
DC 20230 (or via the Internet at
JJessup@doc.gov).
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
VerDate Mar<15>2010
17:42 Jul 09, 2013
Jkt 229001
[FR Doc. 2013–16543 Filed 7–9–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–898]
Chlorinated Isocyanurates From the
People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review; 2011–
2012
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 chlorinated
isocyanurates (chlorinated isos) from
the People’s Republic of China (PRC).
The period of review (POR) is June 1,
2011, through May 31, 2012. This
administrative review covers six
producers/exporters of the subject
merchandise: (1) Arch Chemicals
(China) Co. Ltd. (Arch China); (2) Hebei
Jiheng Chemical Co., Ltd. and Hebei
Jiheng Baikang Chemical Industry Co.,
Ltd. (collectively, Jiheng); (3) Heze
Huayi Chemical Co. Ltd. (Heze); (4)
Juancheng Kangtai Chemical Co., Ltd.
and Juancheng Ouya Chemical Co., Ltd.
(collectively, Kangtai); (5) Sinoacarbon
International Trading Co., Ltd.
(Sinoacarbon); and (6) Zhucheng
Taisheng Chemical Co., Ltd.
(Zhucheng). Jiheng and Kangtai are the
two producers/exporters being
individually examined as mandatory
respondents. We preliminarily
determine that Jiheng and Kangtai made
sales in the United States at prices
below normal value (NV). We
preliminarily determine that Arch
China, Sinoacarbon and Zhucheng have
demonstrated that they are eligible for a
separate rate. The Department is also
preliminarily determining that Heze
made no shipments during the POR.
DATES: Effective Date: July 10, 2013.
FOR FURTHER INFORMATION CONTACT:
Emily Halle, AD/CVD Operations, Office
6, Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–0176.
SUPPLEMENTARY INFORMATION:
AGENCY:
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
Scope of the Order
The products covered by the order are
chlorinated isos, which are derivatives
of cyanuric acid, described as
chlorinated s-triazine triones.1
Chlorinated isos are currently
classifiable under subheadings
2933.69.6015, 2933.69.6021,
2933.69.6050, 3808.40.50, 3808.50.40
and 3808.94.5000 of the Harmonized
Tariff Schedule of the United States
(HTSUS). The HTSUS subheadings are
provided for convenience and customs
purposes only; the written product
description of the scope of the order is
dispositive.
Preliminary Determination of No
Shipments
Heze timely filed a ‘‘no shipment’’
certification stating that it had no
entries of subject merchandise during
the POR.2 The Department subsequently
confirmed with U.S. Customs and
Border Protection (CBP) the ‘‘no
shipment’’ claim made by Heze. Based
on the certifications by Heze and our
analysis of CBP information, we
preliminarily determine that Heze did
not have any reviewable transactions
during the POR. In addition, the
Department finds that consistent with
its recently announced refinement to its
assessment practice in non-market
economy (NME) cases, further discussed
below, it is appropriate not to rescind
the review in part in these
circumstances but, rather, to complete
the review with respect to Heze and
issue appropriate instructions to CBP
based on the final results of the review.3
Methodology
The Department has conducted this
review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as
amended (the Act). Export prices have
been calculated in accordance with
section 772 of the Act. Because the PRC
is an NME country within the meaning
of section 771(18) of the Act, NV has
been calculated in accordance with
section 773(c) of the Act. Specifically,
1 For a complete description of the Scope of the
Order, see Memorandum from Christian Marsh,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Import Administration,
‘‘Decision Memorandum for the Preliminary Results
of the 2011–2012 Antidumping Duty
Administrative Review: Chlorinated Isocyanurates
from the People’s Republic of China,’’ dated
concurrently with this notice (Preliminary Decision
Memorandum).
2 See Letter from Heze, ‘‘Chlorinated
Isocyanurates from the People’s Republic of China:
No Sales Certification,’’ September 18, 2012.
3 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) (NME Proceedings);
see also ‘‘Assessment Rates’’ section below.
E:\FR\FM\10JYN1.SGM
10JYN1
Federal Register / Vol. 78, No. 132 / Wednesday, July 10, 2013 / Notices
the respondents’ factors of production
have been valued in the Philippines,
which is economically comparable to
the PRC and is a significant producer of
comparable merchandise.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum, which is hereby
adopted by this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Import Administration’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(IA ACCESS). IA ACCESS is available to
registered users at https://
iaaccess.trade.gov and in the Central
Records Unit, room 7046 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
Exporter
41365
be accessed directly on the internet at
https://www.trade.gov/ia/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
The Department preliminarily
determines that the following weightedaverage dumping margins exist:
Weight-average dumping margin percentage
Arch Chemicals (China) Co. Ltd.* ............................................................
Hebei Jiheng Chemical Co., Ltd. .............................................................
Juancheng Kangtai Chemical Co., Ltd. ....................................................
Sinoacarbon International Trading Co., Ltd.* ...........................................
Zhucheng Taisheng Chemical Co., Ltd.* .................................................
51.12
68.49
33.75
51.12
51.12
* These companies demonstrated eligibility for a separate rate in this administrative review. The rate for these companies is the simple average
of the calculated antidumping duty rates for Jiheng and Kangtai.
TKELLEY on DSK3SPTVN1PROD with NOTICES
Disclosure and Public Comment
The Department intends to disclose
calculations performed for these
preliminary results to parties within five
days of the date of publication of this
notice.4 The schedule for filing case
briefs will be provided to parties at a
later date. Rebuttal briefs, limited to
issues raised in case briefs, may be filed
no later than five days after the time
limit for filing the case briefs, as
specified by 19 CFR 351.309(d).
Interested parties that wish to request
a hearing, or participate if one is
requested, must submit a written
request to the Assistant Secretary for
Import Administration, U.S. Department
of Commerce, filed electronically using
IA ACCESS. An electronically filed
document must be received successfully
in its entirety by the Department’s IA
ACCESS by 5:00 p.m. Eastern Standard
Time within 30 days after the date of
publication of this notice.5 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 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
The Department intends to issue the
final results of this administrative
review, which will include the results of
its analysis of issues raised in any such
comments, within 120 days of
publication of these preliminary results,
4 See
5 See
19 CFR 351.224(b).
19 CFR 351.310(c).
VerDate Mar<15>2010
17:42 Jul 09, 2013
Jkt 229001
pursuant to section 751(a)(3)(A) of the
Act unless this deadline is extended.
Deadline for Submission of Publicly
Available Surrogate Value Information
In accordance with 19 CFR
351.301(c)(3)(ii), 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), 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.6
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.7
6 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.
7 See 19 CFR 351.301(c)(3).
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
Assessment Rates
Upon issuance of the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review. For assessment purposes, we
calculated importer- (or customer-)
specific assessment rates for
merchandise subject to this review.8
Where appropriate, we calculated an ad
valorem rate for each importer (or
customer) by dividing the total dumping
margins for reviewed sales to that party
by the total entered values associated
with those transactions. For dutyassessment 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.
Where appropriate, we calculated a
per-unit rate for each importer (or
customer) by dividing the total dumping
margins for reviewed sales to that party
by the total sales quantity associated
with those transactions. For dutyassessment rates calculated on this
basis, we will direct CBP to assess the
resulting per-unit rate against the
entered quantity of the subject
merchandise. Where an importer- (or
customer-) specific assessment rate is de
minimis (i.e., less than 0.50 percent), the
Department will instruct CBP to assess
that importer (or customer’s) entries of
subject merchandise without regard to
antidumping duties. The Department
intends to issue appropriate assessment
instructions directly to CBP 15 days
after publication of the final results of
this review.
Also, the Department recently
announced a refinement to its
assessment practice in NME cases.
8 See
E:\FR\FM\10JYN1.SGM
19 CFR 351.212(b)(1).
10JYN1
41366
Federal Register / Vol. 78, No. 132 / Wednesday, July 10, 2013 / Notices
Pursuant to this refinement in practice,
for merchandise that was not reported
in the U.S. sales databases submitted by
an exporter individually examined
during this review, but that entered
under the case number of that exporter
(i.e., at the individually-examined
exporter’s cash deposit rate), 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 PRC-wide rate.9
TKELLEY on DSK3SPTVN1PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided for by
section 751(a)(2)(C) of the Act: (1) For
the exporter’s listed above, the cash
deposit rate will be the rate established
in the final results of this review
(except, if the rate is zero or de minimis,
a zero cash deposit rate will be required
for that company); (2) for previously
investigated or reviewed PRC and nonPRC exporters not listed above that have
separate rates, the cash deposit rate will
continue to be the exporter-specific rate
published for the most recent period; (3)
for all PRC exporters of subject
merchandise that have not been found
to be eligible for a separate rate, the cash
deposit rate will be the PRC-wide rate
of 285.63 percent; 10 and (4) for all nonPRC 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
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice also 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
9 For a full discussion of this practice, see NME
Proceedings.
10 For an explanation on the derivation of the
PRC-wide rate, see Notice of Final Determination of
Sales at Less Than Fair Value: Chlorinated
Isocyanurates From the People’s Republic of China,
70 FR 24502, 24505 (May 10, 2005).
VerDate Mar<15>2010
17:42 Jul 09, 2013
Jkt 229001
result in the Department’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213.
Dated: July 2, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Scope of the Order
2. Non-Market Economy Country Status
3. Preliminary Determination of No
Shipments
4. Separate Rates
5. Separate Rates for Non-Selected
Companies
6. Surrogate Country
7. Date of Sale
8. Fair Value Comparisons
9. Export Price
10. Normal Value
[FR Doc. 2013–16578 Filed 7–9–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–850]
Certain Large Diameter Carbon and
Alloy Seamless Standard, Line, and
Pressure Pipe (Over 4 1⁄2 Inches) From
Japan: Preliminary Results of
Antidumping Duty Administrative
Review; 2011–2012
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 certain large
diameter carbon and alloy seamless
standard, line, and pressure pipe (over
4 1⁄2 inches) (large diameter seamless
pipe) from Japan. The period of review
(POR) is June 1, 2011, through May 31,
2012. This review covers five
producers/exporters of subject
merchandise, Canadian Natural
Resources Limited (CNRL), JFE Steel
Corporation (JFE), Nippon Steel
Corporation (Nippon), NKK Tubes
(NKK), and Sumitomo Metal Industries,
Ltd. (SMI). We preliminarily find that
no shipments were made by JFE,
Nippon, NKK, or SMI. We also
preliminarily find that CNRL’s entries of
subject merchandise should be
AGENCY:
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
liquidated without regard to
antidumping duties.
DATES: Effective Date: July 10, 2013.
FOR FURTHER INFORMATION CONTACT:
Nancy Decker or Joshua Morris, AD/
CVD Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0196, and (202)
482–1779, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order
is large diameter seamless pipe. The
large diameter seamless pipe subject to
the order is currently classifiable under
the following subheadings of the
Harmonized Tariff Schedule of the
United States (HTSUS): 7304.10.10.30,
7304.10.10.45, 7304.10.10.60,
7304.10.50.50, 7304.19.10.30,
7304.19.10.45, 7304.19.10.60,
7304.19.50.50, 7304.31.60.10,
7304.31.60.50, 7304.39.00.04,
7304.39.00.06, 7304.39.00.08,
7304.39.00.36, 7304.39.00.40,
7304.39.00.44, 7304.39.00.48,
7304.39.00.52, 7304.39.00.56,
7304.39.00.62, 7304.39.00.68,
7304.39.00.72, 7304.51.50.15,
7304.51.50.45, 7304.51.50.60,
7304.59.20.30, 7304.59.20.55,
7304.59.20.60, 7304.59.20.70,
7304.59.60.00, 7304.59.80.30,
7304.59.80.35, 7304.59.80.40,
7304.59.80.45, 7304.59.80.50,
7304.59.80.55, 7304.59.80.60,
7304.59.80.65, and 7304.59.80.70. The
subheadings are provided for
convenience and customs purposes. A
full description of the scope of the order
is contained in the memorandum from
Christian Marsh, Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations to Paul
Piquado, Assistant Secretary for Import
Administration, ‘‘Decision
Memorandum for Preliminary Results of
Antidumping Duty Administrative
Review: Certain Large Diameter Carbon
and Alloy Seamless Standard, Line, and
Pressure Pipe (Over 4 1⁄2 Inches) from
Japan,’’ dated concurrently with this
notice (Preliminary Decision
Memorandum), which is hereby
adopted by this notice. The written
description is dispositive.
The Preliminary Decision
Memorandum is a public document and
is on file electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (IA ACCESS).
IA ACCESS is available to registered
users at https://iaaccess.trade.gov and in
E:\FR\FM\10JYN1.SGM
10JYN1
]]>Agencies
[Federal Register Volume 78, Number 132 (Wednesday, July 10, 2013)]
[Notices]
[Pages 41364-41366]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16578]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-898]
Chlorinated Isocyanurates From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review; 2011-
2012
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 chlorinated
isocyanurates (chlorinated isos) from the People's Republic of China
(PRC). The period of review (POR) is June 1, 2011, through May 31,
2012. This administrative review covers six producers/exporters of the
subject merchandise: (1) Arch Chemicals (China) Co. Ltd. (Arch China);
(2) Hebei Jiheng Chemical Co., Ltd. and Hebei Jiheng Baikang Chemical
Industry Co., Ltd. (collectively, Jiheng); (3) Heze Huayi Chemical Co.
Ltd. (Heze); (4) Juancheng Kangtai Chemical Co., Ltd. and Juancheng
Ouya Chemical Co., Ltd. (collectively, Kangtai); (5) Sinoacarbon
International Trading Co., Ltd. (Sinoacarbon); and (6) Zhucheng
Taisheng Chemical Co., Ltd. (Zhucheng). Jiheng and Kangtai are the two
producers/exporters being individually examined as mandatory
respondents. We preliminarily determine that Jiheng and Kangtai made
sales in the United States at prices below normal value (NV). We
preliminarily determine that Arch China, Sinoacarbon and Zhucheng have
demonstrated that they are eligible for a separate rate. The Department
is also preliminarily determining that Heze made no shipments during
the POR.
DATES: Effective Date: July 10, 2013.
FOR FURTHER INFORMATION CONTACT: Emily Halle, AD/CVD Operations, Office
6, Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-0176.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The products covered by the order are chlorinated isos, which are
derivatives of cyanuric acid, described as chlorinated s-triazine
triones.\1\ Chlorinated isos are currently classifiable under
subheadings 2933.69.6015, 2933.69.6021, 2933.69.6050, 3808.40.50,
3808.50.40 and 3808.94.5000 of the Harmonized Tariff Schedule of the
United States (HTSUS). The HTSUS subheadings are provided for
convenience and customs purposes only; the written product description
of the scope of the order is dispositive.
---------------------------------------------------------------------------
\1\ For a complete description of the Scope of the Order, see
Memorandum from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Import Administration, ``Decision Memorandum
for the Preliminary Results of the 2011-2012 Antidumping Duty
Administrative Review: Chlorinated Isocyanurates from the People's
Republic of China,'' dated concurrently with this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
Heze timely filed a ``no shipment'' certification stating that it
had no entries of subject merchandise during the POR.\2\ The Department
subsequently confirmed with U.S. Customs and Border Protection (CBP)
the ``no shipment'' claim made by Heze. Based on the certifications by
Heze and our analysis of CBP information, we preliminarily determine
that Heze did not have any reviewable transactions during the POR. In
addition, the Department finds that consistent with its recently
announced refinement to its assessment practice in non-market economy
(NME) cases, further discussed below, it is appropriate not to rescind
the review in part in these circumstances but, rather, to complete the
review with respect to Heze and issue appropriate instructions to CBP
based on the final results of the review.\3\
---------------------------------------------------------------------------
\2\ See Letter from Heze, ``Chlorinated Isocyanurates from the
People's Republic of China: No Sales Certification,'' September 18,
2012.
\3\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (NME
Proceedings); see also ``Assessment Rates'' section below.
---------------------------------------------------------------------------
Methodology
The Department has conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). Export
prices have been calculated in accordance with section 772 of the Act.
Because the PRC is an NME country within the meaning of section 771(18)
of the Act, NV has been calculated in accordance with section 773(c) of
the Act. Specifically,
[[Page 41365]]
the respondents' factors of production have been valued in the
Philippines, which is economically comparable to the PRC and is a
significant producer of comparable merchandise.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum, which is hereby
adopted by this notice. The Preliminary Decision Memorandum is a public
document and is on file electronically via Import Administration's
Antidumping and Countervailing Duty Centralized Electronic Service
System (IA ACCESS). IA ACCESS is available to registered users at
https://iaaccess.trade.gov and in the Central Records Unit, room 7046 of
the main Department of Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
on the internet at https://www.trade.gov/ia/. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weight-average dumping margin
Exporter percentage
------------------------------------------------------------------------
Arch Chemicals (China) Co. Ltd.*....... 51.12
Hebei Jiheng Chemical Co., Ltd......... 68.49
Juancheng Kangtai Chemical Co., Ltd.... 33.75
Sinoacarbon International Trading Co., 51.12
Ltd.*.
Zhucheng Taisheng Chemical Co., Ltd.*.. 51.12
------------------------------------------------------------------------
* These companies demonstrated eligibility for a separate rate in this
administrative review. The rate for these companies is the simple
average of the calculated antidumping duty rates for Jiheng and
Kangtai.
Disclosure and Public Comment
The Department intends to disclose calculations performed for these
preliminary results to parties within five days of the date of
publication of this notice.\4\ The schedule for filing case briefs will
be provided to parties at a later date. Rebuttal briefs, limited to
issues raised in case briefs, may be filed no later than five days
after the time limit for filing the case briefs, as specified by 19 CFR
351.309(d).
---------------------------------------------------------------------------
\4\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------
Interested parties that wish to request a hearing, or participate
if one is requested, must submit a written request to the Assistant
Secretary for Import Administration, U.S. Department of Commerce, filed
electronically using IA ACCESS. An electronically filed document must
be received successfully in its entirety by the Department's IA ACCESS
by 5:00 p.m. Eastern Standard Time within 30 days after the date of
publication of this notice.\5\ 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 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
---------------------------------------------------------------------------
\5\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
The Department intends to issue the final results of this
administrative review, which will include the results of its analysis
of issues raised in any such comments, within 120 days of publication
of these preliminary results, pursuant to section 751(a)(3)(A) of the
Act unless this deadline is extended.
Deadline for Submission of Publicly Available Surrogate Value
Information
In accordance with 19 CFR 351.301(c)(3)(ii), 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), 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.\6\ 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.\7\
---------------------------------------------------------------------------
\6\ 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.
\7\ See 19 CFR 351.301(c)(3).
---------------------------------------------------------------------------
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review. For assessment purposes, we calculated
importer- (or customer-) specific assessment rates for merchandise
subject to this review.\8\ Where appropriate, we calculated an ad
valorem rate for each importer (or customer) by dividing the total
dumping margins for reviewed sales to that party by the total entered
values associated with those transactions. 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.
---------------------------------------------------------------------------
\8\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
Where appropriate, we calculated a per-unit rate for each importer
(or customer) by dividing the total dumping margins for reviewed sales
to that party by the total sales quantity associated with those
transactions. For duty-assessment rates calculated on this basis, we
will direct CBP to assess the resulting per-unit rate against the
entered quantity of the subject merchandise. Where an importer- (or
customer-) specific assessment rate is de minimis (i.e., less than 0.50
percent), the Department will instruct CBP to assess that importer (or
customer's) entries of subject merchandise without regard to
antidumping duties. The Department intends to issue appropriate
assessment instructions directly to CBP 15 days after publication of
the final results of this review.
Also, the Department recently announced a refinement to its
assessment practice in NME cases.
[[Page 41366]]
Pursuant to this refinement in practice, for merchandise that was not
reported in the U.S. sales databases submitted by an exporter
individually examined during this review, but that entered under the
case number of that exporter (i.e., at the individually-examined
exporter's cash deposit rate), 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 PRC-wide rate.\9\
---------------------------------------------------------------------------
\9\ For a full discussion of this practice, see NME Proceedings.
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For the exporter's
listed above, the cash deposit rate will be the rate established in the
final results of this review (except, if the rate is zero or de
minimis, a zero cash deposit rate will be required for that company);
(2) for previously investigated or reviewed PRC and non-PRC exporters
not listed above that have separate rates, the cash deposit rate will
continue to be the exporter-specific rate published for the most recent
period; (3) for all PRC exporters of subject merchandise that have not
been found to be eligible for a separate rate, the cash deposit rate
will be the PRC-wide rate of 285.63 percent; \10\ 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 deposit
requirements, when imposed, shall remain in effect until further
notice.
---------------------------------------------------------------------------
\10\ For an explanation on the derivation of the PRC-wide rate,
see Notice of Final Determination of Sales at Less Than Fair Value:
Chlorinated Isocyanurates From the People's Republic of China, 70 FR
24502, 24505 (May 10, 2005).
---------------------------------------------------------------------------
Notification to Importers
This notice also 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 Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
Dated: July 2, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Scope of the Order
2. Non-Market Economy Country Status
3. Preliminary Determination of No Shipments
4. Separate Rates
5. Separate Rates for Non-Selected Companies
6. Surrogate Country
7. Date of Sale
8. Fair Value Comparisons
9. Export Price
10. Normal Value
[FR Doc. 2013-16578 Filed 7-9-13; 8:45 am]
BILLING CODE 3510-DS-P
