Frontseating Service Valves From the People's Republic of China; Final Results of Antidumping Duty Administrative Review; 2011-2012, 73825-73827 [2013-29333]
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Federal Register / Vol. 78, No. 236 / Monday, December 9, 2013 / Notices
payments on the foreign-status
components used in export production.
On its domestic sales, CVI would be
able to choose the duty rates during
customs entry procedures that apply to
toner cartridges, bottles and cartridge
parts (duty free) for the foreign-status
inputs noted below and in the existing
scope of authority. Customs duties also
could possibly be deferred or reduced
on foreign-status production equipment.
The components and materials
sourced from abroad include: oil
(releasing agent—aliphatic
hydrocarbon), polymer fixing agent
(polyol curative), resins (polyethylene
terephthalate, polyisocynate
prepolymer, and high impact
polystyrene) and filter paper (duty rates
are: duty-free, 10 cents/barrel or 6.5%).
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary at the address below. The
closing period for their receipt is
January 21, 2014.
A copy of the notification will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the FTZ
Board’s Web site, which is accessible
via www.trade.gov/ftz.
For further information, contact Diane
Finver at Diane.Finver@trade.gov or
(202) 482–1367.
Dated: December 3, 2013.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2013–29332 Filed 12–6–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–933]
Frontseating Service Valves From the
People’s Republic of China; Final
Results of Antidumping Duty
Administrative Review; 2011–2012
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 13, 2013, the
Department of Commerce (‘‘the
Department’’) published the preliminary
results of the administrative review of
the antidumping duty on frontseating
service valves from the People’s
maindgalligan on DSK5TPTVN1PROD with NOTICES
AGENCY:
VerDate Mar<15>2010
17:03 Dec 06, 2013
Jkt 232001
Republic of China.1 The period of
review (‘‘POR’’) is April 1, 2011,
through March 31, 2012. The review
covers two exporters of subject
merchandise, Zhejiang DunAn Hetian
Metal Co., Ltd. (‘‘DunAn’’) and Zhejiang
Sanhua Co., Ltd. (‘‘Sanhua’’). The
Department continues to find that
DunAn did not have reviewable entries
during the POR. Additionally, we find
that Sanhua made sales in the United
States at prices below normal value
(‘‘NV’’). Based on our analysis of the
comments received, we have made
changes to our margin calculations for
Sanhua. The final weighted-average
dumping margin for this review is listed
below in the section entitled ‘‘Final
Results of the Review.’’
DATES: Effective Date: December 9, 2013.
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita, AD/CVD Operations,
Office III, Enforcement and Compliance,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–4243.
Background
On May 13, 2013, the Department
published the Preliminary Results. At
that time, we invited interested parties
to comment on our Preliminary Results.
Subsequent to the Preliminary
Results, we conducted a verification of
Sanhua’s questionnaire responses in
Xialiquan Village, Zhejiang Province,
People’s Republic of China from August
5 through August 9, 2013.2
We received case briefs from ParkerHannifin Corporation (‘‘Petitioner’’) and
Sanhua on October 17, 2013,3 and
rebuttal briefs from the same parties on
October 23, 2013.4 At Sanhua’s request,
we held a hearing on October 29, 2013.5
1 See Frontseating Service Valves From the
People’s Republic of China: Preliminary Results of
Antidumping Duty Administrative Review; 2011–
2012, 78 FR 27954 (May 13, 2013) (‘‘Preliminary
Results’’).
2 See Memorandum to Melissa Skinner, ‘‘2011–
2012 Administrative Review of the Antidumping
Duty Order on Frontseating Service Valves
(‘‘FSVs’’) from the People’s Republic of China
(‘‘PRC’’): Verification of Zhejiang Sanhua Co., Ltd.,’’
dated September 23, 2013.
3 See letter from Petitioner, ‘‘Frontseating Service
Valves from the People’s Republic of China; A–570–
933; Petitioner’s Case Brief,’’ dated October 17,
2013; see also letter from Sanhua, ‘‘Frontseating
Service Valves from the People’s Republic of China;
A–570–933; Case Brief by Zhejiang Sanhua Co.,
Ltd.,’’ dated October 17, 2013.
4 See letter from Petitioner, ‘‘Frontseating Service
Valves from the People’s Republic of China; A–570–
933; Petitioner’s Rebuttal Case Brief,’’ dated October
23, 2013; see also letter from Sanhua, ‘‘Frontseating
Service Valves from the People’s Republic of China;
A–570–933; Rebuttal Brief of Zhejiang Sanhua Co.,
Ltd.,’’ dated October 23, 2013.
5 See hearing transcript, ‘‘In the Matter of the
Antidumping Duty Order on Frontseating Service
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73825
Scope of the Order
The merchandise covered by this
order is frontseating service valves,
assembled or unassembled, complete or
incomplete, and certain parts thereof.
Frontseating service valves are classified
under subheading 8481.80.1095, and
also have been classified under
subheading 8415.90.80.85, of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’). It is possible
for frontseating service valves to be
manufactured out of primary materials
other than copper and brass, in which
case they would be classified under
HTSUS subheadings 8481.80.3040,
8481.80.3090, or 8481.80.5090. In
addition, if unassembled or incomplete
frontseating service valves are imported,
the various parts or components would
be classified under HTSUS subheadings
8481.90.1000, 8481.90.3000, or
8481.90.5000. The HTSUS subheadings
are provided for convenience and
customs purposes. A full written
description of the scope of the order is
contained in the memorandum from
Edward C. Yang, Office Director, Office
VII, Antidumping and Countervailing
Duty Operations, to Ronald K.
Lorentzen, Acting Assistant Secretary
for Enforcement and Compliance,
‘‘Frontseating Service Valves from the
People’s Republic of China: Issues and
Decision Memorandum for the Final
Results of the 2011–2012
Administrative Review’’ (‘‘Issues and
Decision Memorandum’’), which is
hereby adopted by this notice and
incorporated herein by reference. The
written description is dispositive.
Final Determination of No Reviewable
Entries
As noted in the Preliminary Results,
we received a no-shipment certification
from DunAn.6 The company reported
that it made no shipments of subject
merchandise to the United States during
the POR. U.S. Customs and Border
Protection (‘‘CBP’’) confirmed that it did
not identify evidence of shipments from
DunAn. Following publication of the
Preliminary Results, we received no
comments from interested parties
regarding DunAn. As a consequence,
and because the record contains no
evidence to the contrary, we continue to
find that DunAn did not make
reviewable entries during the POR.
Accordingly, consistent with the
Department’s refinement to its
Valves (‘‘FSVs’’) from the PRC (A–570–933)
(4/1/2011–3/31/2012),’’ filed November 6, 2013; see
also Frontseating Service Valves from the People’s
Republic of China; A–570–933; Request for a
Hearing by Zhejiang Sanhua Co., Ltd..
6 See Preliminary Results, 78 FR at 27954.
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Federal Register / Vol. 78, No. 236 / Monday, December 9, 2013 / Notices
assessment practice in nonmarket
economy (‘‘NME’’) cases, the
Department finds that it is appropriate
not to rescind the review in these
circumstances, but rather to complete
the review with respect to DunAn and
issue appropriate instructions to CBP
based on the final results of the review.7
maindgalligan on DSK5TPTVN1PROD with NOTICES
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in this
review are addressed in the Issues and
Decision Memorandum. A list of the
issues that parties raised and to which
we responded in the Issues and
Decision Memorandum follows as an
appendix to this notice. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’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
Issues and Decision Memorandum can
be accessed directly on the internet at
https://www.trade.gov/enforcement/. The
signed Issues and Decision
Memorandum and the electronic
version of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on an analysis of the comments
received from interested parties and a
review of the record, the Department
has made the following changes in the
margin calculation:
• We revised Sanhua’s reported
control number (‘‘CONNUM’’)-specific
factors of production (‘‘FOPs’’), where
applicable, to include the FOPs of
previously excluded products. See
Comment 2 of the accompanying Issues
and Decision Memorandum.
• We revised Sanhua’s brass and
copper scrap offsets to reflect the yield
losses attributable only to those
components produced using brass and
copper inputs based on the products
examined at verification. See Comment
4 of the accompanying Issues and
Decision Memorandum.
• We based the surrogate value for
brass scrap on the GTA data from the
Philippines, as adjusted for inflation.
See Comment 7 of the accompanying
Issues and Decision Memorandum.
• We determined the surrogate
financial ratios in this review using only
the financial statements of Makati
Foundry Inc. See Comment 8 of the
accompanying Issues and Decision
Memorandum.
• We based the calculation of the
margin program on Sanhua’s FOP
dataset, FOP02. See Comment 10 of the
accompanying Issues and Decision
Memorandum.
• We revised the calculation of
brokerage and handling to reflect the
per-unit SV for brokerage and handling
on the per-unit costs identified in Doing
Business 2013, Economy Profile:
Philippines without making adjustments
for container size. See Comment 11 of
the accompanying Issues and Decision
Memorandum.
Final Results of the Review
As a result of this review, we
determine that the following weightedaverage dumping margin exists for the
period April 1, 2011, through March 31,
2012:
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17:03 Dec 06, 2013
Jkt 232001
Cash Deposit Requirements
Weightedaverage
margin
(percentage)
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
Zhejiang Sanhua Co., Ltd.
3.88 for consumption on or after the
publication date of the final results of
Disclosure
this administrative review, as provided
We intend to disclose the calculations by section 751(a)(2)(C) of the Act: (1)
For DunAn, which claimed no
performed within five days of the date
of publication of this notice to parties in shipments, the cash deposit rate will
remain unchanged from the rate
this proceeding in accordance with 19
assigned to DunAn in the most recentlyCFR 351.224(b).
completed review of the company; (2)
Assessment Rates
for Sanhua, the cash deposit rate will be
The Department shall determine, and
the rate identified in ‘‘Final Results of
CBP shall assess, antidumping duties on the Review,’’ as listed above; (3) for
all appropriate entries covered by this
previously investigated or reviewed PRC
review pursuant to section 751(a)(2)(C)
and non-PRC exporters that are not
of the Tariff Act of 1930, as Amended
under review in this segment of the
(‘‘the Act’’) and 19 CFR 351.212(b).8 The proceeding but that received a separate
final results of this review shall be the
rate in a previous segment, the cash
basis for the assessment of antidumping deposit rate will continue to be the
duties on entries of merchandise
exporter-specific rate published for the
covered by the final results of this
most recent period; (4) for all PRC
review and for future deposits of
exporters of subject merchandise which
estimated duties, where applicable. The have not been found to be entitled to a
Department intends to issue assessment separate rate, the cash deposit rate will
instructions to CBP 15 days after the
continue to be the PRC-wide rate of
date of publication of these final results 55.62 percent; 9 and (5) for all non-PRC
of review.
exporters of subject merchandise which
We will instruct CBP to assess
have not received their own rate, the
antidumping duties on all appropriate
cash deposit rate will be the rate
entries covered by this review for each
applicable to the PRC exporter(s) that
individual assessment rate calculated in supplied that non-PRC exporter. The
the final results of this review that is
cash deposit requirements, when
above de minimis (i.e., at or above 0.50
percent). Pursuant to 19 CFR
9 This rate was established in the final results of
Exporter
8 See
7 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) (‘‘NME Antidumping
Proceedings’’).
351.106(c)(2), we will instruct CBP to
liquidate without regard to antidumping
duties any entries for which the
assessment rate is de minimis (i.e., less
than 0.50 percent).
The Department recently 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 NME-wide
rate. In addition, if the Department
determines that an exporter under
review had no shipments of subject
merchandise, any suspended entries
that entered under that exporter’s case
number (i.e., at that exporter’s rate) will
be liquidated at the NME-wide rate. For
a full discussion of this practice, see
NME Antidumping Proceedings.
Antidumping Proceeding: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8103
(February 14, 2012).
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
the original less than fair value investigation. See
Frontseating Service Valves from the People’s
Republic of China: Final Determination of Sales at
Less Than Fair Value and Final Negative
Determination of Critical Circumstances, 74 FR
10886 (March 13, 2009).
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Federal Register / Vol. 78, No. 236 / Monday, December 9, 2013 / Notices
imposed, shall remain in effect until
further notice.
DEPARTMENT OF COMMERCE
International Trade Administration
Notification to Importers
[A–821–808]
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of the antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
Notification to Interested Parties
In accordance with 19 CFR
351.305(a)(3), this notice serves as a
reminder to parties subject to
administrative protective order (‘‘APO’’)
of their responsibility concerning the
disposition of proprietary information
disclosed under the APO. Timely
written notification of the return or
destruction of APO materials, or
conversion to judicial protective order,
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
These final results of review and
notice are published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: November 29, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
maindgalligan on DSK5TPTVN1PROD with NOTICES
Comment 1: Adverse Facts Available
Comment 2: Excluded Products
Comment 3: Brass and Copper Consumption
Comment 4: Brass and Copper Scrap
Comment 5: Reported FOPs and Finished
FSV Weights
Comment 6: Surrogate Country
Comment 7: Surrogate Value for Brass Scrap
Comment 8: Selection of the Surrogate
Financial Statements
Comment 9: Ex Parte Meetings
Comment 10: Use of the Correct Data Set
Comment 11: Brokerage and Handling
Calculations
[FR Doc. 2013–29333 Filed 12–6–13; 8:45 am]
BILLING CODE P
17:03 Dec 06, 2013
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 3, 2013, the
Department of Commerce (the
Department) published the preliminary
results of an administrative review of
the suspension agreement on certain
cut-to-length carbon steel plate from the
Russian Federation covering Joint Stock
Company Severstal (Severstal). See
Certain Cut-to-Length Carbon Steel Plate
From the Russian Federation; 2012;
Preliminary Results of Administrative
Review of the Antidumping Duty
Suspension Agreement, 78 FR 61333
(October 3, 2013) and accompanying
Decision Memorandum (Preliminary
Results). The period of review (POR) is
January 1, 2012 through December 31,
2012. We received no comments from
interested parties. For these final
results, we have made no changes to our
preliminary results.
DATES: Effective Date: December 9, 2013.
FOR FURTHER INFORMATION CONTACT:
Sally C. Gannon or Anne D’Alauro,
Enforcement and Compliance, U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230, telephone: (202)
482–0162 or (202) 482–4830,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Issues for the Final Results
VerDate Mar<15>2010
Suspension Agreement on Certain Cutto-Length Carbon Steel Plate From the
Russian Federation; Final Results of
Antidumping Duty Administrative
Review
Jkt 232001
Background
On December 20, 2002, the
Department signed an agreement under
section 734(b) of the Tariff Act of 1930,
as amended (the Act), with Russian steel
producers/exporters, including
Severstal, which suspended the
antidumping duty investigation on
certain cut-to-length carbon steel plate
(CTL plate) from the Russian
Federation. See Suspension of
Antidumping Duty Investigation of
Certain Cut-to-Length Carbon Steel Plate
from the Russian Federation, 68 FR
3859 (January 27, 2003) (Agreement).
On October 3, 2013, the Department
published its preliminary results of the
administrative review of the Agreement
for certain CTL plate from the Russian
Federation produced by Severstal, the
producer determined to account for
PO 00000
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73827
substantially all (not less than 85
percent) of the subject merchandise
imported into the United States during
the January 1, 2012 through December
31, 2012 POR. See Preliminary Results.
In its preliminary results, the
Department determined that
information submitted by Severstal
indicated that, during the POR,
Severstal adhered to the terms of the
Agreement and that the Agreement is
functioning as intended. We invited
interested parties to comment on our
preliminary results. No interested
parties submitted comments.
Scope of Review
The products covered by the
Agreement are CTL plate from the
Russian Federation. This merchandise is
currently classified in the Harmonized
Tariff Schedule of the United States
(HTS) under item numbers
7208.40.3030, 7208.40.3060,
7208.51.0030, 7208.51.0045,
7208.51.0060, 7208.52.0000,
7208.53.0000, 7208.90.0000,
7210.70.3000, 7210.90.9000,
7211.13.0000, 7211.14.0030,
7211.14.0045, 7211.90.0000,
7212.40.1000, 7212.40.5000, and
7212.50.0000. Although the HTS
subheadings are provided for
convenience and customs purposes, our
written description of the scope of the
Agreement is dispositive. For a full
description of the scope of this
Agreement, see Appendix B of the
Agreement.
Final Results of Review
We have made no changes to the
preliminary results. Our review of the
information submitted by Severstal
indicates that the company has adhered
to the terms of the Agreement and that
the Agreement is functioning as
intended. See Preliminary Results.
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation. We are
issuing and publishing this
determination and notice in accordance
with sections 751(a)(1) and 777(i) of the
Act.
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Agencies
[Federal Register Volume 78, Number 236 (Monday, December 9, 2013)]
[Notices]
[Pages 73825-73827]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29333]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-933]
Frontseating Service Valves From the People's Republic of China;
Final Results of Antidumping Duty Administrative Review; 2011-2012
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: On May 13, 2013, the Department of Commerce (``the
Department'') published the preliminary results of the administrative
review of the antidumping duty on frontseating service valves from the
People's Republic of China.\1\ The period of review (``POR'') is April
1, 2011, through March 31, 2012. The review covers two exporters of
subject merchandise, Zhejiang DunAn Hetian Metal Co., Ltd. (``DunAn'')
and Zhejiang Sanhua Co., Ltd. (``Sanhua''). The Department continues to
find that DunAn did not have reviewable entries during the POR.
Additionally, we find that Sanhua made sales in the United States at
prices below normal value (``NV''). Based on our analysis of the
comments received, we have made changes to our margin calculations for
Sanhua. The final weighted-average dumping margin for this review is
listed below in the section entitled ``Final Results of the Review.''
---------------------------------------------------------------------------
\1\ See Frontseating Service Valves From the People's Republic
of China: Preliminary Results of Antidumping Duty Administrative
Review; 2011-2012, 78 FR 27954 (May 13, 2013) (``Preliminary
Results'').
---------------------------------------------------------------------------
DATES: Effective Date: December 9, 2013.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, AD/CVD Operations,
Office III, Enforcement and Compliance, U.S. Department of Commerce,
14th Street and Constitution Avenue NW., Washington, DC 20230;
telephone: (202) 482-4243.
Background
On May 13, 2013, the Department published the Preliminary Results.
At that time, we invited interested parties to comment on our
Preliminary Results.
Subsequent to the Preliminary Results, we conducted a verification
of Sanhua's questionnaire responses in Xialiquan Village, Zhejiang
Province, People's Republic of China from August 5 through August 9,
2013.\2\
---------------------------------------------------------------------------
\2\ See Memorandum to Melissa Skinner, ``2011-2012
Administrative Review of the Antidumping Duty Order on Frontseating
Service Valves (``FSVs'') from the People's Republic of China
(``PRC''): Verification of Zhejiang Sanhua Co., Ltd.,'' dated
September 23, 2013.
---------------------------------------------------------------------------
We received case briefs from Parker-Hannifin Corporation
(``Petitioner'') and Sanhua on October 17, 2013,\3\ and rebuttal briefs
from the same parties on October 23, 2013.\4\ At Sanhua's request, we
held a hearing on October 29, 2013.\5\
---------------------------------------------------------------------------
\3\ See letter from Petitioner, ``Frontseating Service Valves
from the People's Republic of China; A-570-933; Petitioner's Case
Brief,'' dated October 17, 2013; see also letter from Sanhua,
``Frontseating Service Valves from the People's Republic of China;
A-570-933; Case Brief by Zhejiang Sanhua Co., Ltd.,'' dated October
17, 2013.
\4\ See letter from Petitioner, ``Frontseating Service Valves
from the People's Republic of China; A-570-933; Petitioner's
Rebuttal Case Brief,'' dated October 23, 2013; see also letter from
Sanhua, ``Frontseating Service Valves from the People's Republic of
China; A-570-933; Rebuttal Brief of Zhejiang Sanhua Co., Ltd.,''
dated October 23, 2013.
\5\ See hearing transcript, ``In the Matter of the Antidumping
Duty Order on Frontseating Service Valves (``FSVs'') from the PRC
(A-570-933) (4/1/2011-3/31/2012),'' filed November 6, 2013; see also
Frontseating Service Valves from the People's Republic of China; A-
570-933; Request for a Hearing by Zhejiang Sanhua Co., Ltd..
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this order is frontseating service
valves, assembled or unassembled, complete or incomplete, and certain
parts thereof. Frontseating service valves are classified under
subheading 8481.80.1095, and also have been classified under subheading
8415.90.80.85, of the Harmonized Tariff Schedule of the United States
(``HTSUS''). It is possible for frontseating service valves to be
manufactured out of primary materials other than copper and brass, in
which case they would be classified under HTSUS subheadings
8481.80.3040, 8481.80.3090, or 8481.80.5090. In addition, if
unassembled or incomplete frontseating service valves are imported, the
various parts or components would be classified under HTSUS subheadings
8481.90.1000, 8481.90.3000, or 8481.90.5000. The HTSUS subheadings are
provided for convenience and customs purposes. A full written
description of the scope of the order is contained in the memorandum
from Edward C. Yang, Office Director, Office VII, Antidumping and
Countervailing Duty Operations, to Ronald K. Lorentzen, Acting
Assistant Secretary for Enforcement and Compliance, ``Frontseating
Service Valves from the People's Republic of China: Issues and Decision
Memorandum for the Final Results of the 2011-2012 Administrative
Review'' (``Issues and Decision Memorandum''), which is hereby adopted
by this notice and incorporated herein by reference. The written
description is dispositive.
Final Determination of No Reviewable Entries
As noted in the Preliminary Results, we received a no-shipment
certification from DunAn.\6\ The company reported that it made no
shipments of subject merchandise to the United States during the POR.
U.S. Customs and Border Protection (``CBP'') confirmed that it did not
identify evidence of shipments from DunAn. Following publication of the
Preliminary Results, we received no comments from interested parties
regarding DunAn. As a consequence, and because the record contains no
evidence to the contrary, we continue to find that DunAn did not make
reviewable entries during the POR. Accordingly, consistent with the
Department's refinement to its
[[Page 73826]]
assessment practice in nonmarket economy (``NME'') cases, the
Department finds that it is appropriate not to rescind the review in
these circumstances, but rather to complete the review with respect to
DunAn and issue appropriate instructions to CBP based on the final
results of the review.\7\
---------------------------------------------------------------------------
\6\ See Preliminary Results, 78 FR at 27954.
\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``NME
Antidumping Proceedings'').
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Issues and Decision Memorandum. A
list of the issues that parties raised and to which we responded in the
Issues and Decision Memorandum follows as an appendix to this notice.
The Issues and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance'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 Issues and Decision Memorandum can be accessed directly on the
internet at https://www.trade.gov/enforcement/. The signed Issues and
Decision Memorandum and the electronic version of the Issues and
Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on an analysis of the comments received from interested
parties and a review of the record, the Department has made the
following changes in the margin calculation:
We revised Sanhua's reported control number (``CONNUM'')-
specific factors of production (``FOPs''), where applicable, to include
the FOPs of previously excluded products. See Comment 2 of the
accompanying Issues and Decision Memorandum.
We revised Sanhua's brass and copper scrap offsets to
reflect the yield losses attributable only to those components produced
using brass and copper inputs based on the products examined at
verification. See Comment 4 of the accompanying Issues and Decision
Memorandum.
We based the surrogate value for brass scrap on the GTA
data from the Philippines, as adjusted for inflation. See Comment 7 of
the accompanying Issues and Decision Memorandum.
We determined the surrogate financial ratios in this
review using only the financial statements of Makati Foundry Inc. See
Comment 8 of the accompanying Issues and Decision Memorandum.
We based the calculation of the margin program on Sanhua's
FOP dataset, FOP02. See Comment 10 of the accompanying Issues and
Decision Memorandum.
We revised the calculation of brokerage and handling to
reflect the per-unit SV for brokerage and handling on the per-unit
costs identified in Doing Business 2013, Economy Profile: Philippines
without making adjustments for container size. See Comment 11 of the
accompanying Issues and Decision Memorandum.
Final Results of the Review
As a result of this review, we determine that the following
weighted-average dumping margin exists for the period April 1, 2011,
through March 31, 2012:
------------------------------------------------------------------------
Weighted-
Exporter average margin
(percentage)
------------------------------------------------------------------------
Zhejiang Sanhua Co., Ltd.............................. 3.88
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed within five days
of the date of publication of this notice to parties in this proceeding
in accordance with 19 CFR 351.224(b).
Assessment Rates
The Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries covered by this review pursuant to
section 751(a)(2)(C) of the Tariff Act of 1930, as Amended (``the
Act'') and 19 CFR 351.212(b).\8\ The final results of this review shall
be the basis for the assessment of antidumping duties on entries of
merchandise covered by the final results of this review and for future
deposits of estimated duties, where applicable. The Department intends
to issue assessment instructions to CBP 15 days after the date of
publication of these final results of review.
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\8\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8103 (February 14,
2012).
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We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review for each individual
assessment rate calculated in the final results of this review that is
above de minimis (i.e., at or above 0.50 percent). Pursuant to 19 CFR
351.106(c)(2), we will instruct CBP to liquidate without regard to
antidumping duties any entries for which the assessment rate is de
minimis (i.e., less than 0.50 percent).
The Department recently 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 NME-wide rate. In
addition, if the Department determines that an exporter under review
had no shipments of subject merchandise, any suspended entries that
entered under that exporter's case number (i.e., at that exporter's
rate) will be liquidated at the NME-wide rate. For a full discussion of
this practice, see NME Antidumping Proceedings.
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) For DunAn, which claimed no shipments, the
cash deposit rate will remain unchanged from the rate assigned to DunAn
in the most recently-completed review of the company; (2) for Sanhua,
the cash deposit rate will be the rate identified in ``Final Results of
the Review,'' as listed above; (3) for previously investigated or
reviewed PRC and non-PRC exporters that are not under review in this
segment of the proceeding but that received a separate rate in a
previous segment, the cash deposit rate will continue to be the
exporter-specific rate published for the most recent period; (4) for
all PRC exporters of subject merchandise which have not been found to
be entitled to a separate rate, the cash deposit rate will continue to
be the PRC-wide rate of 55.62 percent; \9\ and (5) 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. The cash deposit
requirements, when
[[Page 73827]]
imposed, shall remain in effect until further notice.
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\9\ This rate was established in the final results of the
original less than fair value investigation. See Frontseating
Service Valves from the People's Republic of China: Final
Determination of Sales at Less Than Fair Value and Final Negative
Determination of Critical Circumstances, 74 FR 10886 (March 13,
2009).
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Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of the antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
In accordance with 19 CFR 351.305(a)(3), this notice serves as a
reminder to parties subject to administrative protective order
(``APO'') of their responsibility concerning the disposition of
proprietary information disclosed under the APO. Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and terms of an APO is a sanctionable
violation.
These final results of review and notice are published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: November 29, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
Issues for the Final Results
Comment 1: Adverse Facts Available
Comment 2: Excluded Products
Comment 3: Brass and Copper Consumption
Comment 4: Brass and Copper Scrap
Comment 5: Reported FOPs and Finished FSV Weights
Comment 6: Surrogate Country
Comment 7: Surrogate Value for Brass Scrap
Comment 8: Selection of the Surrogate Financial Statements
Comment 9: Ex Parte Meetings
Comment 10: Use of the Correct Data Set
Comment 11: Brokerage and Handling Calculations
[FR Doc. 2013-29333 Filed 12-6-13; 8:45 am]
BILLING CODE P