Certain Kitchen Appliance Shelving and Racks From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2011-2012, 54450-54452 [2013-21464]
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Federal Register / Vol. 78, No. 171 / Wednesday, September 4, 2013 / Notices
DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
International Trade Administration
President’s Export Council
Subcommittee on Export
Administration; Notice of Open
Meeting
[A–570–941]
The President’s Export Council
Subcommittee on Export
Administration (PECSEA) will meet on
September 18, 2013, 10 a.m., at the U.S.
Department of Commerce, Herbert C.
Hoover Building, Room 3884, 14th
Street between Pennsylvania and
Constitution Avenues NW., Washington,
DC. The PECSEA provides advice on
matters pertinent to those portions of
the Export Administration Act, as
amended, that deal with United States
policies of encouraging trade with all
countries with which the United States
has diplomatic or trading relations and
of controlling trade for national security
and foreign policy reasons.
Agenda:
1. Opening remarks by the Chairman.
2. Opening remarks by the Bureau of
Industry and Security.
3. Export Control Reform Update.
4. Presentation of papers or comments
by the Public.
5. Subcommittee Updates.
The open session will be accessible
via teleconference to 20 participants on
a first come, first served basis. To join
the conference, submit inquiries to
Ms.Yvette Springer at Yvette.Springer@
bis.doc.gov, no later than September 11,
2013.
A limited number of seats will be
available for the public session.
Reservations are not accepted. To the
extent time permits, members of the
public may present oral statements to
the PECSEA. Written statements may be
submitted at anytime before or after the
meeting. However, to facilitate
distribution of public presentation
materials to PECSEA members, the
PECSEA suggests that public
presentation materials or comments be
forwarded before the meeting to Ms.
Yvette Springer.
tkelley on DSK3SPTVN1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
Yvette Springer on 202–482–2813.
Dated: August 29, 2013.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2013–21461 Filed 9–3–13; 8:45 am]
BILLING CODE 3510–JT–P
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Jkt 229001
Certain Kitchen Appliance Shelving
and Racks 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
(‘‘Department’’) is conducting an
administrative review of the
antidumping duty order on certain
kitchen appliance shelving and racks
from the People’s Republic of China
(‘‘PRC’’) for the period of review
(‘‘POR’’) September 1, 2011, through
August 31, 2012. The review covers one
exporter of subject merchandise, New
King Shan (Zhu Hai) Wire Co., Ltd.
(‘‘New King Shan’’). We have
preliminarily found that New King Shan
did not make sales of subject
merchandise at less than normal value
(‘‘NV’’).
DATES: Effective Date: September 4,
2013.
FOR FURTHER INFORMATION CONTACT:
Emeka Chukwudebe, AD/CVD
Operations, Office 9, Import
Administration, International Trade
Administration, Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0219.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Order
The merchandise covered by this
Order 1 is certain kitchen appliance
shelving and racks. The subject
merchandise is currently classifiable
under Harmonized Tariff Schedule of
the United States (‘‘HTSUS’’)
subheadings: 8418.99.8050,
8418.99.8060, 7321.90.5000,
7321.90.6090, 8516.90.8000,
8516.90.8010, 7321.90.6040, and
8419.90.9520. The HTSUS subheadings
are provided for convenience and
customs purposes only; the written
product description of the scope of the
order is dispositive.2
1 See Certain Kitchen Appliance Shelving and
Racks from the People’s Republic of China:
Amended Final Determination of Sales at Less
Than Fair Value and Notice of Antidumping Duty
Order, 74 FR 46971 (September 14, 2009) (‘‘Order’’).
2 See the ‘‘Decision Memorandum for Preliminary
Results for the Antidumping Duty Administrative
Review of Certain Kitchen Appliance Shelving and
Racks from the People’s Republic of China’’
(‘‘Preliminary Decision Memorandum’’), dated
concurrent with and adopted by this notice, for a
complete description of the Scope of the Order.
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Frm 00007
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Sfmt 4703
PRC-Wide Entity
Although a review was requested for
Jiangsu Weixi Group Co. (‘‘Weixi’’), a
company named in the Initiation
Notice,3 such request was timely
withdrawn. However, we are not
rescinding the review for this company
at this time. While the request for
review of Weixi was timely withdrawn,
Weixi does not have a separate rate and,
therefore, currently remains part of the
PRC-wide entity. Although the PRCwide entity is not under review for these
preliminary results, the possibility
exists that the PRC-wide entity could be
under review for the final results of this
administrative review. Therefore, we are
not rescinding the review with respect
to Weixi at this time, but we intend to
rescind the review with respect to Weixi
in the final results if the PRC-wide
entity is not reviewed.
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’’). Constructed
export prices have been calculated in
accordance with section 772 of the Act.
Because the PRC is a nonmarket
economy within the meaning of section
771(18) of the Act, NV has been
calculated in accordance with section
773(c) of the Act. Specifically, the
Department preliminarily selected
Thailand as the surrogate country,
which is economically comparable to
the PRC and is a significant producer of
comparable merchandise. Thus, we
calculated NV using Thai surrogate
values, when available, to value the
respondents’ factors of production
(‘‘FOPs’’).
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. 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
and electronic versions of the
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 77 FR 65858
(October 31, 2012) (‘‘Initiation Notice’’).
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Federal Register / Vol. 78, No. 171 / Wednesday, September 4, 2013 / Notices
Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
The Department preliminarily
determines that the following weightedaverage dumping margin exists:
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 and 19 CFR 351.213(h), 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
New King Shan (Zhu Hai) Co.,
Ltd.4 .......................................
0.00% information to value FOPs under 19
CFR 351.408(c) is 20 days after the date
Disclosure and Public Comment
of publication of the preliminary results.
In accordance with 19 CFR
The Department intends to disclose
351.301(c)(1), if an interested party
calculations performed for these
preliminary results to the parties within submits factual information less than
five days after the date of publication of ten days before, on, or after (if the
Department has extended the deadline),
these preliminary results.5 Interested
the applicable deadline for submission
parties may submit written comments
of such factual information, an
no later than 30 days after the date of
interested party may submit factual
publication of these preliminary results
information to rebut, clarify, or correct
of review.6 Rebuttals briefs, limited to
issues raised in case briefs, may be filed the factual information no later than ten
days after such factual information is
no later than five days after the time
served on the interested party. However,
limit for filing the case briefs, as
the Department generally will not
specified by 19 CFR 351.309(d).
Interested parties that wish to request accept in the rebuttal submission
additional or alternative surrogate value
a hearing, or participate if one is
information not previously on the
requested, must submit a written
record, if the deadline for submission of
request to the Assistant Secretary for
Import Administration, U.S. Department surrogate value information has passed.9
Furthermore, the Department generally
of Commerce, filed electronically using
will not accept business proprietary
IA ACCESS. An electronically filed
document must be received successfully information in either the surrogate value
submissions or the rebuttals thereto, as
in its entirety by the Department’s IA
ACCESS by 5:00 p.m. Eastern Standard
the regulation regarding the submission
Time within 30 days of publication of
of surrogate values allows only for the
this notice.7 Hearing requests should
submission of publicly available
contain the following information: (1)
information.10
The party’s name, address, and
Assessment Rates
telephone number; (2) the number of
Upon issuance of the final results, the
participants; and (3) a list of the issues
Department will determine, and U.S.
to be discussed. Oral presentations will
Customs and Border Protection (‘‘CBP’’)
be limited to issues raised in the briefs.
If a request for a hearing is made, parties shall assess, antidumping duties on all
appropriate entries covered by this
will be notified of the time and date for
review.11 The Department intends to
the hearing to be held at the U.S.
issue assessment instructions to CBP 15
Department of Commerce, 1401
Constitution Avenue NW., Washington, days after the publication date of the
final results of this review.
DC 20230.8
For any individually examined
The Department intends to issue the
respondent whose weighted average
final results of this administrative
dumping margin is above de minimis
4 In the first administrative review, the
(i.e., 0.50 percent) in the final results of
Department found New King Shan affiliated with
this review, the Department will
certain entities and treated New King Shan and one
calculate importer-specific assessment
of its affiliated entities as a single entity. Because
rates on the basis of the ratio of the total
there were no changes to the facts which supported
amount of dumping calculated for the
that decision in the present review, we continue to
tkelley on DSK3SPTVN1PROD with NOTICES
Exporter
Weightedaverage
dumping
margin
find New King Shan and its affiliate to be a single
entity in the third administrative review. Therefore,
we will assign this rate to New King Shan and its
affiliated entity. See the ‘‘Affiliation’’ section of the
Preliminary Decision Memorandum.
5 See 19 CFR 351.224(b).
6 See 19 CFR 351.309(c).
7 See 19 CFR 351.310(c).
8 See id.
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9 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.
10 See 19 CFR 351.301(c)(3).
11 See 19 CFR 351.212(b).
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54451
importer’s examined sales and the total
entered value of sales, in accordance
with 19 CFR 351.212(b)(1). In these
preliminary results, the Department
applied the assessment rate calculation
method adopted in Final Modification
for Reviews, i.e., on the basis of monthly
average-to-average comparisons using
only the transactions associated with
that importer with offsets being
provided for non-dumped
comparisons.12
We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by these reviews. Where
either the respondent’s weightedaverage 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.13
The Department announced a
refinement to its assessment practice in
NME cases. Pursuant to this refinement
in practice, for entries that were not
reported in the U.S. sales databases
submitted by companies individually
examined during this review, the
Department will instruct CBP to
liquidate such entries at the PRC-wide
rate. Additionally, if the Department
determines that an exporter 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.14
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, as provided by section
751(a)(2)(C) of the Act: (1) For New King
Shan, 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, i.e., less than 0.50 percent,
then zero cash deposits will be
required); (2) 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 exporter12 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification for Reviews, 77 FR
8101 (February 14, 2012) (‘‘Final Modification’’).
13 See id.
14 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
E:\FR\FM\04SEN1.SGM
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Federal Register / Vol. 78, No. 171 / Wednesday, September 4, 2013 / Notices
specific rate; (3) for all PRC exporters of
subject merchandise that have not been
found to be entitled to a separate rate,
the cash deposit rate will be that for the
PRC-wide entity; 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 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
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h) and 351.221(b)(4).
Dated: August 28, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
tkelley on DSK3SPTVN1PROD with NOTICES
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Background
2. Scope of the Order
3. PRC-Wide Entity
4. Affiliations
5. New King Shan Affiliation/Single Entity
6. Nonmarket Economy Country
7. Separate Rates
8. Surrogate Country and Surrogate Value
Data
9. Surrogate Country
10. Economic Comparability
11. Significant Producers of Identical or
Comparable Merchandise
12. Data Availability
13. Date of Sale
14. Comparisons to Normal Value
15. U.S. Price—Constructed Export Price
16. Normal Value
17. Factor Valuations
18. Currency Conversion
19. Adjustment Under Section 777A(f) of the
Act
20. Conclusion
[FR Doc. 2013–21464 Filed 9–3–13; 8:45 am]
BILLING CODE 3510–DS–P
16:51 Sep 03, 2013
International Trade Administration
[A–570–827]
Certain Cased Pencils From the
People’s Republic of China:
Rescission of Antidumping Duty
Administrative Review; 2011–2012
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) is rescinding the
administrative review of the
antidumping duty order on certain
cased pencils (pencils) from the
People’s Republic of China (PRC) for the
period December 1, 2011, through
November 30, 2012, based on the
withdrawal of the review request by one
company and on the revocation of the
order with respect to the second
company for which a review was
requested.
AGENCY:
DATES:
Effective: September 4, 2013.
FOR FURTHER INFORMATION CONTACT:
Mary Kolberg at (202) 482–1785; AD/
CVD Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
Appendix
VerDate Mar<15>2010
DEPARTMENT OF COMMERCE
Jkt 229001
On January 30, 2013, the Department
initiated an administrative review of the
antidumping duty order on pencils from
the PRC for the period December 1,
2011, through November 30, 2012,
based on self-requests by Beijing Fila
Dixon Stationery Company, Ltd. and
Orient International Holding Shanghai
Foreign Trade Co., Ltd. (SFTC).1 2 On
February 4, 2013, SFTC withdrew its
request for review. On July 18, 2013, the
Department published the final results
of the 2010–2011 administrative review
of pencils from the PRC, in which it
revoked the antidumping duty order on
pencils (pencils order) with respect to
Dixon effective December 1, 2011.3
1 Beijing
Fila Dixon Stationery Company, Ltd. is
also known as Beijing Dixon Ticonderoga
Stationery Company, Ltd., Beijing Dixon Stationery
Company, Ltd., and Dixon Ticonderoga Company
(collectively, Dixon).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Requests for Revocation in Part, 78 FR 6291
(January 30, 2013).
3 See Certain Cased Pencils From the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review and Determination To
Revoke Order In Part; 2010–2011, 78 FR 42932 (July
18, 2013), and accompanying Issues and Decision
Memorandum (‘‘Pencils 2010–2011 Final’’).
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Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(l), the
Department will rescind an
administrative review, in whole or in
part, if the party that requested a review
withdraws the request within 90 days of
the publication of the notice of
initiation of the requested review. In
this case, SFTC withdrew its request
within the 90-day deadline. Therefore,
in accordance with 19 CFR
351.213(d)(1), we are rescinding the
instant review with respect to SFTC.
In addition, since, the Department
revoked the pencils order with respect
to Dixon effective December 1, 2011, the
instant review is moot with respect to
Dixon. Therefore, we are rescinding the
review with respect to Dixon.
Therefore, because no other parties
requested a review of this order for this
period, we are rescinding the
administrative review of the pencils
order covering the period December 1,
2011, through November 30, 2012, in its
entirety.
Assessment
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on all entries
of pencils from the PRC, except for
entries exported by Dixon. Antidumping
duties shall be assessed at rates equal to
the cash deposit of estimated
antidumping duties required at the time
of entry, or withdrawal from warehouse,
for consumption, in accordance with 19
CFR 351.212(c)(1)(i). The Department
intends to issue appropriate assessment
instructions to CBP 15 days after the
date of publication of this notice of
rescission of administrative review.
As a result of Pencils 2010–2011
Final, we already terminated the
suspension of liquidation for subject
merchandise exported by Dixon that
was entered, or withdrawn from
warehouse, for consumption, on or after
December 1, 2011, and instructed CBP
to refund, with interest, any cash
deposits for such entries.
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
during this review period. Failure to
comply with this requirement could
result in the presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
This notice also serves as a reminder
to parties subject to administrative
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]]>Agencies
[Federal Register Volume 78, Number 171 (Wednesday, September 4, 2013)]
[Notices]
[Pages 54450-54452]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21464]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-941]
Certain Kitchen Appliance Shelving and Racks 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 (``Department'') is conducting an
administrative review of the antidumping duty order on certain kitchen
appliance shelving and racks from the People's Republic of China
(``PRC'') for the period of review (``POR'') September 1, 2011, through
August 31, 2012. The review covers one exporter of subject merchandise,
New King Shan (Zhu Hai) Wire Co., Ltd. (``New King Shan''). We have
preliminarily found that New King Shan did not make sales of subject
merchandise at less than normal value (``NV'').
DATES: Effective Date: September 4, 2013.
FOR FURTHER INFORMATION CONTACT: Emeka Chukwudebe, AD/CVD Operations,
Office 9, Import Administration, International Trade Administration,
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-0219.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise covered by this Order \1\ is certain kitchen
appliance shelving and racks. The subject merchandise is currently
classifiable under Harmonized Tariff Schedule of the United States
(``HTSUS'') subheadings: 8418.99.8050, 8418.99.8060, 7321.90.5000,
7321.90.6090, 8516.90.8000, 8516.90.8010, 7321.90.6040, and
8419.90.9520. The HTSUS subheadings are provided for convenience and
customs purposes only; the written product description of the scope of
the order is dispositive.\2\
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\1\ See Certain Kitchen Appliance Shelving and Racks from the
People's Republic of China: Amended Final Determination of Sales at
Less Than Fair Value and Notice of Antidumping Duty Order, 74 FR
46971 (September 14, 2009) (``Order'').
\2\ See the ``Decision Memorandum for Preliminary Results for
the Antidumping Duty Administrative Review of Certain Kitchen
Appliance Shelving and Racks from the People's Republic of China''
(``Preliminary Decision Memorandum''), dated concurrent with and
adopted by this notice, for a complete description of the Scope of
the Order.
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PRC-Wide Entity
Although a review was requested for Jiangsu Weixi Group Co.
(``Weixi''), a company named in the Initiation Notice,\3\ such request
was timely withdrawn. However, we are not rescinding the review for
this company at this time. While the request for review of Weixi was
timely withdrawn, Weixi does not have a separate rate and, therefore,
currently remains part of the PRC-wide entity. Although the PRC-wide
entity is not under review for these preliminary results, the
possibility exists that the PRC-wide entity could be under review for
the final results of this administrative review. Therefore, we are not
rescinding the review with respect to Weixi at this time, but we intend
to rescind the review with respect to Weixi in the final results if the
PRC-wide entity is not reviewed.
---------------------------------------------------------------------------
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 77 FR
65858 (October 31, 2012) (``Initiation Notice'').
---------------------------------------------------------------------------
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'').
Constructed export prices have been calculated in accordance with
section 772 of the Act. Because the PRC is a nonmarket economy within
the meaning of section 771(18) of the Act, NV has been calculated in
accordance with section 773(c) of the Act. Specifically, the Department
preliminarily selected Thailand as the surrogate country, which is
economically comparable to the PRC and is a significant producer of
comparable merchandise. Thus, we calculated NV using Thai surrogate
values, when available, to value the respondents' factors of production
(``FOPs'').
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. 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 and electronic versions of the
[[Page 54451]]
Preliminary Decision Memorandum are identical in content.
Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margin exists:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
------------------------------------------------------------------------
New King Shan (Zhu Hai) Co., Ltd.\4\....................... 0.00%
------------------------------------------------------------------------
Disclosure and Public Comment
The Department intends to disclose calculations performed for these
preliminary results to the parties within five days after the date of
publication of these preliminary results.\5\ Interested parties may
submit written comments no later than 30 days after the date of
publication of these preliminary results of review.\6\ Rebuttals
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\ In the first administrative review, the Department found New
King Shan affiliated with certain entities and treated New King Shan
and one of its affiliated entities as a single entity. Because there
were no changes to the facts which supported that decision in the
present review, we continue to find New King Shan and its affiliate
to be a single entity in the third administrative review. Therefore,
we will assign this rate to New King Shan and its affiliated entity.
See the ``Affiliation'' section of the Preliminary Decision
Memorandum.
\5\ See 19 CFR 351.224(b).
\6\ See 19 CFR 351.309(c).
---------------------------------------------------------------------------
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 of publication of
this notice.\7\ 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.\8\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.310(c).
\8\ See id.
---------------------------------------------------------------------------
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 and 19 CFR 351.213(h), 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 FOPs 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.\9\ 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.\10\
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\9\ 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.
\10\ See 19 CFR 351.301(c)(3).
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Assessment Rates
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.\11\ The Department intends to issue assessment instructions to
CBP 15 days after the publication date of the final results of this
review.
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\11\ See 19 CFR 351.212(b).
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For any individually examined respondent whose weighted average
dumping margin is above de minimis (i.e., 0.50 percent) in the final
results of this review, the Department 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 sales, in accordance with 19 CFR 351.212(b)(1). In
these preliminary results, the Department applied the assessment rate
calculation method adopted in Final Modification for Reviews, i.e., on
the basis of monthly average-to-average comparisons using only the
transactions associated with that importer with offsets being provided
for non-dumped comparisons.\12\
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\12\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification for Reviews, 77 FR 8101
(February 14, 2012) (``Final Modification'').
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We will instruct CBP to assess antidumping duties on all
appropriate entries covered by these reviews. Where either the
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.\13\
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\13\ See id.
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The Department announced a refinement to its assessment practice in
NME cases. Pursuant to this refinement in practice, for entries that
were not reported in the U.S. sales databases submitted by companies
individually examined during this review, the Department will instruct
CBP to liquidate such entries at the PRC-wide rate. Additionally, if
the Department determines that an exporter 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.\14\
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\14\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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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, as
provided by section 751(a)(2)(C) of the Act: (1) For New King Shan, 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, i.e., less than
0.50 percent, then zero cash deposits will be required); (2) 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-
[[Page 54452]]
specific rate; (3) for all PRC exporters of subject merchandise that
have not been found to be entitled to a separate rate, the cash deposit
rate will be that for the PRC-wide entity; 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 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 preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h) and
351.221(b)(4).
Dated: August 28, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Background
2. Scope of the Order
3. PRC-Wide Entity
4. Affiliations
5. New King Shan Affiliation/Single Entity
6. Nonmarket Economy Country
7. Separate Rates
8. Surrogate Country and Surrogate Value Data
9. Surrogate Country
10. Economic Comparability
11. Significant Producers of Identical or Comparable Merchandise
12. Data Availability
13. Date of Sale
14. Comparisons to Normal Value
15. U.S. Price--Constructed Export Price
16. Normal Value
17. Factor Valuations
18. Currency Conversion
19. Adjustment Under Section 777A(f) of the Act
20. Conclusion
[FR Doc. 2013-21464 Filed 9-3-13; 8:45 am]
BILLING CODE 3510-DS-P
