Chlorinated Isocyanurates From Spain: Preliminary Results of Antidumping Duty Administrative Review; 2011-2012, 41367-41369 [2013-16579]
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Federal Register / Vol. 78, No. 132 / Wednesday, July 10, 2013 / Notices
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 Determination of No
Shipments
See the Preliminary Decision
Memorandum for a full discussion of
our preliminary determination of no
shipments with respect to JFE, Nippon,
NKK, and SMI.
TKELLEY on DSK3SPTVN1PROD with NOTICES
Entries by CNRL
As discussed in the Preliminary
Decision Memorandum, we
preliminarily find that CNRL had no
sales of subject merchandise to
unaffiliated customers in the United
States, or to unaffiliated customers for
exportation to the United States. As a
result, antidumping duties would not be
applied under current law and practice.
Accordingly, at the completion of the
final results of review, we intend to
instruct U.S. Customs and Border
Protection (CBP) to liquidate the entries
at issue without regard to antidumping
duties.
Disclosure and Public Comment
Pursuant to 19 CFR 351.309(c),
interested parties may submit cases
briefs not later than 30 days after the
date of publication of this notice.
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later
than five days after the date for filing
case briefs. See 19 CFR 351.309(d).
Parties who submit case briefs or
rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities. See 19 CFR
351.309(c)(2) and (d)(2). Case and
rebuttal briefs should be filed using IA
ACCESS. See 19 CFR 351.303.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Import Administration, filed
electronically via IA ACCESS. An
electronically filed document must be
received successfully in its entirety by
the Department’s electronic records
system, IA ACCESS, by 5 p.m. Eastern
Time within 30 days after the date of
publication of this notice. Requests
should contain: (1) The party’s name,
address and telephone number; (2) the
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17:42 Jul 09, 2013
Jkt 229001
number of participants; and (3) a list of
issues to be discussed. Issues raised in
the hearing will be limited to those
raised in the respective case briefs. The
Department intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
not later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Tariff Act of
1930, as amended (the Act).
Assessment Rates
Upon completion of the
administrative review, the Department
shall determine, and CBP shall assess,
antidumping duties on all appropriate
entries, in accordance with 19 CFR
351.212. The Department intends to
issue appraisement instructions directly
to CBP 15 days after the date of
publication of the final results of this
review.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003). Unless we
otherwise determine that such entries
should not be subject to antidumping
duties, this clarification will apply to
POR entries by JFE, Nippon, NKK, and
SMI if we continue to make a final
determination of no shipments because
these companies certified that they
made no POR shipments of subject
merchandise for which they had
knowledge of U.S. destination. We will
instruct CBP to liquidate these entries at
the all-others rate established in the
less-than-fair-value investigation (68.88
percent) if there is no rate for the
intermediary involved in the
transaction. See Preliminary Decision
Memorandum at ‘‘Preliminary
Determination of No Shipments’’ for a
full discussion of this clarification.
These preliminary results of
administrative review and notice are
issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.221.
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. Preliminary Determination of No
Shipments
3. Entries by CNRL
[FR Doc. 2013–16577 Filed 7–9–13; 8:45 am]
BILLING CODE 3510–DS–P
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41367
DEPARTMENT OF COMMERCE
International Trade Administration
[A–469–814]
Chlorinated Isocyanurates From Spain:
Preliminary Results of Antidumping
Duty Administrative Review; 2011–
2012
Import Administration,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: In response to a request by a
Ercros S.A. (Ercros),1 the Department of
Commerce (the Department) is
conducting an administrative review of
the antidumping duty order on
chlorinated isocyanurates (chlorinated
isos) from Spain.2 The period of review
is June 1, 2011, to May 31, 2012. We
preliminarily determine that Ercros did
not make sales below normal value
(NV). The preliminary results are listed
below in the section titled ‘‘Preliminary
Results of Review.’’
DATES: Effective Date: July 10, 2013.
FOR FURTHER INFORMATION CONTACT:
Sean Carey or Dana Mermelstein at
(202) 482–3964, or (202) 482–1391,
respectively; AD/CVD Operations,
Office 6, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Order
The merchandise subject to the order
is chlorinated isocyanurates.
Chlorinated isocyanurates are
derivatives of cynauric acid, described
as chlorinated s-triazine triones. There
are three primary chemical
compositions of chlorinated
isocyanurates: (1) trichloroisocyanuric
acid (Cl3(NCO)3), (2) sodium
dichloroisocyanurate (dihydrate)
(NaCl2(NCO)3 2H2O), and (3) sodium
dichloroisocyanurate (anhydrous)
(NaCl2(NCO)3). Chlorinated
isocyanurates are available in powder,
granular, and tableted forms. The order
covers all chlorinated isocyanurates.
Chlorinated isocyanurates are currently
classifiable under subheadings
2933.69.6015, 2933.69.6021, and
2933.69.6050 of the Harmonized Tariff
Schedule of the United States (HTSUS).
A full description of the scope of the
1 Ercros formerly exported the subject
merchandise through its 100%-owned subsidiary
Aragonesas Industrias y Energia S.A. (Aragonesas).
In 2010, Aragonesas was merged with Ercros.
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Requests for Revocation in Part, 77 FR 45338 (July
31, 2012).
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41368
Federal Register / Vol. 78, No. 132 / Wednesday, July 10, 2013 / Notices
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: Chlorinated Isocyanurates from
Spain; 2011–2012’’ (Preliminary
Decision Memorandum), which is
issued concurrent with and hereby
adopted by this notice.3
Methodology
The Department has conducted this
review in accordance with section
751(a)(2) of the Tariff Act of 1930, as
amended (the Act). Export price is
calculated in accordance with section
772 of the Act. NV is calculated in
accordance with section 773 of the Act.
To determine the appropriate
comparison method, the Department
applied a ‘‘differential pricing’’ analysis
and has preliminarily determined to use
the average-to-average method in
making comparisons of export price and
NV for Ercros. For a full description of
the methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Preliminary Determination of
Successor-In-Interest
TKELLEY on DSK3SPTVN1PROD with NOTICES
On August 27, 2012, and March 22,
2013, the Department issued its
antidumping duty questionnaire and
supplemental questionnaire to Ercros,
requesting copies of agreements and
other documents associated with the
merger and any related changes in the
corporate structure of Aragonesas when
it was merged into Ercros by absorption
on May 25, 2010. We found the
information contained in Ercros’
responses sufficient to warrant a
successor-in-interest analysis within the
context of the instant administrative
review. We have preliminarily found
Ercros to be the successor-in-interest to
Aragonesas. For the full successor-ininterest analysis and our conclusions,
see the Preliminary Decision
Memorandum.
3 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). Access to 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.
VerDate Mar<15>2010
17:42 Jul 09, 2013
Jkt 229001
Preliminary Results of Review
publication of this notice.9 Requests
should contain: (1) The party’s name,
On June 14, 2013, the petitioners
address, and telephone number; (2) the
Clearon Corp. and Occidental Chemical
number of participants; and (3) a list of
Corporation filed comments arguing that
issues to be discussed. Issues raised in
Ercros’ U.S. sales are not bona fide sales.
the hearing will be limited to those
Ercros submitted information regarding
raised in the respective case briefs. The
this issue on June 20, 2013. The
Department will issue the final results
Department had insufficient time to
of this administrative review, including
analyze these comments and the
the results of its analysis of the issues
underlying data by the July 2, 2013
raised in any written briefs, not later
deadline for issuing the preliminary
than 120 days after the date of
results. Therefore, in accordance with
publication of this notice, pursuant to
19 CFR 351.309(c)(2), parties must
section 751(a)(3)(A) of the Act.
present all arguments as it relates to this
Assessment Rates
issue in their case briefs, if they deem
them to be relevant to the Secretary’s
Upon completion of the
final determination.
administrative review, the Department
As a result of this review, we
shall determine, and CBP shall assess,
preliminarily determine that the
antidumping duties on all appropriate
weighted-average dumping margins for
entries in accordance with 19 CFR
the period June 1, 2011, through May
351.212(b)(1). We intend to issue
31, 2012, are as follows:
instructions to CBP 15 days after the
date of publication of the final results of
Weighted-average
this review.
Manufacturer/exporter
dumping margin
If Ercros’ weighted-average dumping
(percent)
margin is not zero or de minimis (i.e.,
Ercros .......................
0.00 less than 0.5 percent) in the final results
of this review, we will calculate
importer-specific assessment rates on
Disclosure and Public Comment
the basis of the ratio of the total amount
The Department will disclose to
of dumping calculated for the importer’s
interested parties the calculations
examined sales and the total entered
performed in connection with these
value of the sales in accordance with 19
preliminary results within five days of
CFR 351.212(b)(1). Where either a
the date of publication of this notice.4
respondent’s weighted-average dumping
Pursuant to 19 CFR 351.309(c),
margin is zero or de minimis, or an
interested parties may submit cases
importer-specific assessment rate is zero
briefs no later than 30 days after the
or de minimis, we will instruct CBP to
date of publication of this notice.5
liquidate the appropriate entries
without regard to antidumping duties.
Rebuttal briefs, limited to issues raised
The Department clarified its
in the case briefs, may be filed not later
‘‘automatic assessment’’ regulation on
than five days after the date for filing
May 6, 2003.10 This clarification will
case briefs.6 Parties who submit case
apply to entries of subject merchandise
briefs or rebuttal briefs in this
during the period of review produced by
proceeding are encouraged to submit
Ercros for which these companies did
with each argument: (1) A statement of
not know that the merchandise was
the issue; (2) a brief summary of the
argument; and (3) a table of authorities.7 destined for the United States. In such
instances, we will instruct CBP to
Case and rebuttal briefs should be filed
liquidate unreviewed entries at the allusing IA ACCESS.8
others rate if there is no rate for the
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a intermediate company(ies) involved in
the transaction.
hearing, or to participate if one is
requested, must submit a written
Cash Deposit Requirements
request to the Assistant Secretary for
The following cash deposit
Import Administration, filed
requirements will be effective for all
electronically via IA ACCESS. The
shipments of the subject merchandise
Department’s electronic records system,
entered, or withdrawn from warehouse,
IA ACCESS, must successfully receive
for consumption on or after the
an electronically-filed document in its
publication date of the final results of
entirety by 5 p.m. Eastern Daylight Time
this administrative review, as provided
within 30 days after the date of
by section 751(a)(2)(C) of the Act: (1)
PO 00000
4 See
19 CFR 351.224(b).
19 CFR 351.309(c)(ii).
6 See 19 CFR 351.309(d).
7 See 19 CFR 351.309(c)(2) and (d)(2).
8 See 19 CFR 351.303.
5 See
Frm 00017
Fmt 4703
Sfmt 4703
9 See
19 CFR 351.310(c).
a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
10 For
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Federal Register / Vol. 78, No. 132 / Wednesday, July 10, 2013 / Notices
The cash deposit rate for Ercros will be
equal to the weighted-average dumping
margin established in the final results of
this review, except if the rate is de
minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for other
manufacturers and exporters covered in
a prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which that manufacturer
or exporter participated; (3) if the
exporter is not a firm covered in this
review, a prior review, or the original
less-than-fair-value (LTFV)
investigation, but the manufacturer is,
the cash deposit rate will be the rate
established for the most recently
completed segment of this proceeding
for the manufacturer of subject
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 24.83
percent, the all-others rate established
in the LTFV investigation.11 These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’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.
Dated: July 2, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
TKELLEY on DSK3SPTVN1PROD with NOTICES
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Scope of the Order
4. Successor-In-Interest
5. Comparisons to Normal Value
A. Determination of Comparison Method
B. Results of the Differential Pricing
Analysis
6. Product Comparisons
7. Date of Sale
8. Export Price
9. Normal Value
11 See
Chlorinated Isocyanurates From Spain:
Notice of Final Determination of Sales at Less Than
Fair Value, 70 FR 24506 (May 10, 2005).
VerDate Mar<15>2010
17:42 Jul 09, 2013
Jkt 229001
A. Home Market Viability as Comparison
Market
B. Level of Trade
C. Cost of Production Analysis
1. Calculation of Cost of Production
2. Test of Comparison Market Sales Prices
3. Results of the Cost of Production Test
D. Calculation of Normal Value Based on
Home Market Prices
10. Currency Conversion
[FR Doc. 2013–16579 Filed 7–9–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–485–805]
Certain Small Diameter Carbon and
Alloy Seamless Standard, Line and
Pressure Pipe From Romania:
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
small diameter carbon and alloy
seamless standard, line and pressure
pipe (small diameter seamless pipe)
from Romania. The period of review
(POR) is August 1, 2011, through July
31, 2012. The review covers two
producers/exporters of the subject
merchandise, ArcelorMittal Tubular
Products Roman S.A. (AMTP) and
Canadian Natural Resources Limited
(CNRL). We preliminarily find that
AMTP has not sold subject merchandise
at less than normal value. We also
preliminarily find that CNRL’s entries of
subject merchandise should be
liquidated without regard to
antidumping duties.
DATES: Effective Date: July 10, 2013.
FOR FURTHER INFORMATION CONTACT:
Dmitry Vladimirov or Minoo Hatten,
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) 482–0665, and (202)
482–1690, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Order
The merchandise subject to the order
is small diameter seamless pipe. The
small diameter seamless pipe subject to
the order is currently classifiable under
the following subheadings of the
Harmonized Tariff Schedule of the
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41369
United States (HTSUS): 7304.10.10.20,
7304.10.50.20, 7304.19.10.20,
7304.19.50.20, 7304.31.30.00,
7304.31.60.50, 7304.39.00.16,
7304.39.00.20, 7304.39.00.24,
7304.39.00.28, 7304.39.00.32,
7304.51.50.05, 7304.51.50.60,
7304.59.60.00, 7304.59.80.10,
7304.59.80.15, 7304.59.80.20, and
7304.59.80.25. The HTSUS 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 Small
Diameter Carbon and Alloy Seamless
Standard, Line and Pressure Pipe from
Romania,’’ 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 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.
Entries by Canadian Natural Resources
Limited
As discussed in the Preliminary
Decision Memorandum, we
preliminarily find that CNRL had no
sales to unaffiliated customers in the
United States, or to unaffiliated
customers for exportation to the United
States. As a result, antidumping duties
would not be applied under current law
and practice. Accordingly, at the
completion of the final results of review,
we intend to instruct U.S. Customs and
Border Protection (CBP) to liquidate the
entries at issue without regard to
antidumping duties.
Methodology
The Department has conducted this
review in accordance with section
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]]>Agencies
[Federal Register Volume 78, Number 132 (Wednesday, July 10, 2013)]
[Notices]
[Pages 41367-41369]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16579]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-814]
Chlorinated Isocyanurates From Spain: Preliminary Results of
Antidumping Duty Administrative Review; 2011-2012
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
SUMMARY: In response to a request by a Ercros S.A. (Ercros),\1\ the
Department of Commerce (the Department) is conducting an administrative
review of the antidumping duty order on chlorinated isocyanurates
(chlorinated isos) from Spain.\2\ The period of review is June 1, 2011,
to May 31, 2012. We preliminarily determine that Ercros did not make
sales below normal value (NV). The preliminary results are listed below
in the section titled ``Preliminary Results of Review.''
---------------------------------------------------------------------------
\1\ Ercros formerly exported the subject merchandise through its
100%-owned subsidiary Aragonesas Industrias y Energia S.A.
(Aragonesas). In 2010, Aragonesas was merged with Ercros.
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Requests for Revocation in Part, 77 FR
45338 (July 31, 2012).
---------------------------------------------------------------------------
DATES: Effective Date: July 10, 2013.
FOR FURTHER INFORMATION CONTACT: Sean Carey or Dana Mermelstein at
(202) 482-3964, or (202) 482-1391, respectively; AD/CVD Operations,
Office 6, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order is chlorinated isocyanurates.
Chlorinated isocyanurates are derivatives of cynauric acid, described
as chlorinated s-triazine triones. There are three primary chemical
compositions of chlorinated isocyanurates: (1) trichloroisocyanuric
acid (Cl3(NCO)3), (2) sodium dichloroisocyanurate (dihydrate)
(NaCl2(NCO)3 2H2O), and (3) sodium dichloroisocyanurate (anhydrous)
(NaCl2(NCO)3). Chlorinated isocyanurates are available in powder,
granular, and tableted forms. The order covers all chlorinated
isocyanurates. Chlorinated isocyanurates are currently classifiable
under subheadings 2933.69.6015, 2933.69.6021, and 2933.69.6050 of the
Harmonized Tariff Schedule of the United States (HTSUS). A full
description of the scope of the
[[Page 41368]]
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: Chlorinated Isocyanurates from Spain; 2011-
2012'' (Preliminary Decision Memorandum), which is issued concurrent
with and hereby adopted by this notice.\3\
---------------------------------------------------------------------------
\3\ 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). Access to 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.
---------------------------------------------------------------------------
Methodology
The Department has conducted this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price
is calculated in accordance with section 772 of the Act. NV is
calculated in accordance with section 773 of the Act. To determine the
appropriate comparison method, the Department applied a ``differential
pricing'' analysis and has preliminarily determined to use the average-
to-average method in making comparisons of export price and NV for
Ercros. For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum.
Preliminary Determination of Successor-In-Interest
On August 27, 2012, and March 22, 2013, the Department issued its
antidumping duty questionnaire and supplemental questionnaire to
Ercros, requesting copies of agreements and other documents associated
with the merger and any related changes in the corporate structure of
Aragonesas when it was merged into Ercros by absorption on May 25,
2010. We found the information contained in Ercros' responses
sufficient to warrant a successor-in-interest analysis within the
context of the instant administrative review. We have preliminarily
found Ercros to be the successor-in-interest to Aragonesas. For the
full successor-in-interest analysis and our conclusions, see the
Preliminary Decision Memorandum.
Preliminary Results of Review
On June 14, 2013, the petitioners Clearon Corp. and Occidental
Chemical Corporation filed comments arguing that Ercros' U.S. sales are
not bona fide sales. Ercros submitted information regarding this issue
on June 20, 2013. The Department had insufficient time to analyze these
comments and the underlying data by the July 2, 2013 deadline for
issuing the preliminary results. Therefore, in accordance with 19 CFR
351.309(c)(2), parties must present all arguments as it relates to this
issue in their case briefs, if they deem them to be relevant to the
Secretary's final determination.
As a result of this review, we preliminarily determine that the
weighted-average dumping margins for the period June 1, 2011, through
May 31, 2012, are as follows:
------------------------------------------------------------------------
Weighted-average
Manufacturer/exporter dumping margin
(percent)
------------------------------------------------------------------------
Ercros............................................ 0.00
------------------------------------------------------------------------
Disclosure and Public Comment
The Department will disclose to interested parties the calculations
performed in connection with these preliminary results within five days
of the date of publication of this notice.\4\ Pursuant to 19 CFR
351.309(c), interested parties may submit cases briefs no later than 30
days after the date of publication of this notice.\5\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed not later
than five days after the date for filing case briefs.\6\ Parties who
submit case briefs or rebuttal briefs in this proceeding are encouraged
to submit with each argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\7\ Case and
rebuttal briefs should be filed using IA ACCESS.\8\
---------------------------------------------------------------------------
\4\ See 19 CFR 351.224(b).
\5\ See 19 CFR 351.309(c)(ii).
\6\ See 19 CFR 351.309(d).
\7\ See 19 CFR 351.309(c)(2) and (d)(2).
\8\ See 19 CFR 351.303.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Import Administration,
filed electronically via IA ACCESS. The Department's electronic records
system, IA ACCESS, must successfully receive an electronically-filed
document in its entirety by 5 p.m. Eastern Daylight Time within 30 days
after the date of publication of this notice.\9\ Requests should
contain: (1) The party's name, address, and telephone number; (2) the
number of participants; and (3) a list of issues to be discussed.
Issues raised in the hearing will be limited to those raised in the
respective case briefs. The Department will issue the final results of
this administrative review, including the results of its analysis of
the issues raised in any written briefs, not later than 120 days after
the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act.
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\9\ See 19 CFR 351.310(c).
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Assessment Rates
Upon completion of the administrative review, the Department shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries in accordance with 19 CFR 351.212(b)(1). We intend to issue
instructions to CBP 15 days after the date of publication of the final
results of this review.
If Ercros' weighted-average dumping margin is not zero or de
minimis (i.e., less than 0.5 percent) in the final results of this
review, we will calculate importer-specific assessment rates on the
basis of the ratio of the total amount of dumping calculated for the
importer's examined sales and the total entered value of the sales in
accordance with 19 CFR 351.212(b)(1). Where either a respondent's
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\10\ This clarification will apply to entries of subject
merchandise during the period of review produced by Ercros for which
these companies did not know that the merchandise was destined for the
United States. In such instances, we will instruct CBP to liquidate
unreviewed entries at the all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction.
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\10\ For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1)
[[Page 41369]]
The cash deposit rate for Ercros will be equal to the weighted-average
dumping margin established in the final results of this review, except
if the rate is de minimis within the meaning of 19 CFR 351.106(c)(1),
in which case the cash deposit rate will be zero; (2) for other
manufacturers and exporters covered in a prior segment of the
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this
proceeding in which that manufacturer or exporter participated; (3) if
the exporter is not a firm covered in this review, a prior review, or
the original less-than-fair-value (LTFV) investigation, but the
manufacturer is, the cash deposit rate will be the rate established for
the most recently completed segment of this proceeding for the
manufacturer of subject merchandise; and (4) the cash deposit rate for
all other manufacturers or exporters will continue to be 24.83 percent,
the all-others rate established in the LTFV investigation.\11\ These
deposit requirements, when imposed, shall remain in effect until
further notice.
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\11\ See Chlorinated Isocyanurates From Spain: Notice of Final
Determination of Sales at Less Than Fair Value, 70 FR 24506 (May 10,
2005).
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Notification
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary'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.
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
4. Successor-In-Interest
5. Comparisons to Normal Value
A. Determination of Comparison Method
B. Results of the Differential Pricing Analysis
6. Product Comparisons
7. Date of Sale
8. Export Price
9. Normal Value
A. Home Market Viability as Comparison Market
B. Level of Trade
C. Cost of Production Analysis
1. Calculation of Cost of Production
2. Test of Comparison Market Sales Prices
3. Results of the Cost of Production Test
D. Calculation of Normal Value Based on Home Market Prices
10. Currency Conversion
[FR Doc. 2013-16579 Filed 7-9-13; 8:45 am]
BILLING CODE 3510-DS-P
