Certain Cut-to-Length Carbon Steel Plate From the People's Republic of China: Final Results and Final No Shipments Determination of Antidumping Duty Administrative Review; 2011-2012, 76279-76280 [2013-29994]

Download as PDF Federal Register / Vol. 78, No. 242 / Tuesday, December 17, 2013 / Notices Departmental Paperwork Clearance Officer, (202) 482–0336, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at jjessup@ doc.gov). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to Brian Harris-Kojetin, OMB Desk Officer either by fax (202–395– 7245) or email (bharrisk@omb.eop.gov). Dated: December 11, 2013. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. 2013–29904 Filed 12–16–13; 8:45 am] BILLING CODE 3510–07–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–849] Certain Cut-to-Length Carbon Steel Plate From the People’s Republic of China: Final Results and Final No Shipments Determination of Antidumping Duty Administrative Review; 2011–2012 Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On July 24, 2013, the Department of Commerce (the ‘‘Department’’) published the Preliminary Results of the 2011–2012 administrative review of the antidumping duty order on certain cutto-length carbon steel plate (‘‘CTL plate’’) from the People’s Republic of China (‘‘PRC’’).1 The period of review (‘‘POR’’) is November 1, 2011, through October 31, 2012. This review covers three PRC companies: Hunan Valin Xiangtan Iron & Steel Co., Ltd. (‘‘Hunan Valin’’), Shanghai Pudong Iron and Steel Co. (‘‘Shanghai Pudong’’), and the company grouping Bao/Baoshan Iron and Steel Corp., Baoshan International Trade Corp. and Bao Steel Metals Trading Corp. (‘‘Baosteel’’). The Department gave interested parties an opportunity to comment on the Preliminary Results, but no comments were received. In these final results of review, we continue to find that Hunan Valin did not have any reviewable transactions during the POR, and that wreier-aviles on DSK5TPTVN1PROD with NOTICES AGENCY: 1 See Certain Cut-to-Length Carbon Steel Plate from the People’s Republic of China: Preliminary Results of Antidumping Administrative Review; 2011–2012, 78 FR 44525 (July 24, 2013) (‘‘Preliminary Results’’). VerDate Mar<15>2010 14:45 Dec 16, 2013 Jkt 232001 Baosteel and Shanghai Pudong did not establish their eligibility for separate rate status and, thus, are part of the PRC-wide entity. DATES: Effective Date: December 17, 2013. FOR FURTHER INFORMATION CONTACT: Erin Kearney, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0167. SUPPLEMENTARY INFORMATION: Background On July 24, 2013, the Department published the Preliminary Results. We invited interested parties to submit comments on the Preliminary Results, but no comments were received. As explained in the memorandum from the Assistant Secretary for Enforcement and Compliance, the Department has exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from October 1, through October 16, 2013.2 Therefore, all deadlines in this segment of the proceeding have been extended by 16 days. If the new deadline falls on a non-business day, in accordance with the Department’s practice, the deadline will become the next business day. The revised deadline for the final results of this review is now December 9, 2013. The Department has conducted this administrative review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the ‘‘Act’’). Scope of the Order The product covered by the order is certain cut-to-length carbon steel plate from the PRC. Included in this description is hot-rolled iron and nonalloy steel universal mill plates (i.e., flat-rolled products rolled on four faces or in a closed box pass, of a width exceeding 150 millimeters (‘‘mm’’) but not exceeding 1250 mm and of a thickness of not less than 4 mm, not in coils and without patterns of relief), of rectangular shape, neither clad, plated nor coated with metal, whether or not painted, varnished, or coated with plastics or other nonmetallic substances; and certain iron and non-alloy steel flatrolled products not in coils, of rectangular shape, hot-rolled, neither clad, plated nor coated with metal, whether or not painted, varnished, or covered with plastics or other 2 See Memorandum for the Record from Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Shutdown of the Federal Government’’ (October 18, 2013). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 76279 nonmetallic substances, 4.75 mm or more in thickness and of a width which exceeds 150mm and measures at least twice the thickness. Included as subject merchandise in this order are flat-rolled products of nonrectangular cross-section where such cross-section is achieved subsequent to the rolling process (i.e., products which have been ‘‘worked after rolling’’)—for example, products which have been beveled or rounded at the edges. This merchandise is currently classified in the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) 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, 7212.40.5000, 7212.50.0000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. Specifically excluded from subject merchandise within the scope of the order is grade X– 70 steel plate. Final Determination of No Shipments In the Preliminary Results, we determined that Hunan Valin did not have any reviewable transactions during the POR because Hunan Valin submitted a timely-filed certification that it had no shipments of subject merchandise during the POR and U.S. import data did not show any POR entries of Hunan Valin’s subject merchandise.3 We did not receive information from U.S. Customs and Border Protection (‘‘CBP’’) indicating that there were reviewable transactions for Hunan Valin during the POR. Consistent with the Department’s assessment practice in non-market economy (‘‘NME’’) cases, we stated in the Preliminary Results that the Department would not rescind the review in these circumstances but, rather, would complete the review with respect to Hunan Valin and issue appropriate instructions to CBP based on the final results of the review.4 As stated above, we did not receive any comments on our Preliminary Results. In these final results, we continue to determine that Hunan Valin had no reviewable transactions of subject merchandise during the POR. 3 See Preliminary Results and accompanying Decision Memorandum, at 3–4. 4 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011) (‘‘Assessment Practice Refinement’’); see also the ‘‘Assessment’’ section of this notice, below. E:\FR\FM\17DEN1.SGM 17DEN1 76280 Federal Register / Vol. 78, No. 242 / Tuesday, December 17, 2013 / Notices Treatment of Baosteel and Shanghai Pudong In the Preliminary Results, because we did not have adequate no shipment claims for Baosteel or Shanghai Pudong, we determined that record evidence did not demonstrate that these companies had no exports, sales or entries of subject merchandise during the POR. We also determined in the Preliminary Results that because neither Baosteel nor Shanghai Pudong filed separate rate applications or certifications with the Department, neither entity established its eligibility for separate rate status; therefore, we treated both Baosteel and Shanghai Pudong as part of the PRCwide entity. As stated above, we did not receive any comments on our Preliminary Results. In these final results, we continue to determine that Baosteel and Shanghai Pudong did not establish their eligibility for separate rate status and, thus, are part of the PRC-wide entity. wreier-aviles on DSK5TPTVN1PROD with NOTICES Assessment The Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.5 The Department intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of review. The Department intends to instruct CBP to liquidate entries of subject merchandise from Baosteel and Shanghai Pudong at the PRC-wide rate of 128.59 percent. Additionally, consistent with the Department’s assessment practice refinement in NME cases, because the Department determined that Hunan Valin had no reviewable transactions of subject merchandise during the POR, any suspended entries that entered under Hunan Valin’s antidumping duty case number (i.e., at that exporter’s rate) will be liquidated at the PRC-wide rate.6 Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) For Hunan Valin, which claimed no shipments, the cash deposit rate will remain unchanged from the rate assigned to this company in the most recently completed review of the company; (2) for previously investigated or reviewed PRC and nonPRC exporters which are not under review in this segment of the proceeding but which have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, including Baosteel and Shanghai Pudong, the cash deposit rate will be the PRC-wide rate of 128.59 percent; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter(s) that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers Regarding the Reimbursement of Duties 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 POR. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties has occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to the administrative protective order (‘‘APO’’) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the 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 these results and this notice in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: December 6, 2013. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2013–29994 Filed 12–16–13; 8:45 am] BILLING CODE 3510–DS–P 19 CFR 351.212(b)(1). 6 See Assessment Practice Refinement. 14:45 Dec 16, 2013 Jkt 232001 International Trade Administration [A–570–886] Polyethylene Retail Carrier Bags From the People’s Republic of China: Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that imports of unfinished polyethylene retail carrier bags (PRCBs) from the People’s Republic of China (PRC) are circumventing the antidumping duty order on PRCBs from the PRC.1 DATES: Effective Date: December 17, 2013. AGENCY: FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Minoo Hatten, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0410, and (202)482–1690, respectively. SUPPLEMENTARY INFORMATION: Scope of the Antidumping Duty Order The merchandise covered by the Order is PRCBs. PRCBs subject to the order are currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) at subheading 3923.21.0085. The HTSUS subheading is provided for convenience and customs purposes. A full description of the scope of the Order is contained in the memorandum from Gary Taverman, Senior Advisor for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Preliminary Analysis Memorandum for the Circumvention Inquiry of the Antidumping Duty Order on Polyethylene Retail Carrier Bags from the People’s Republic of China’’ 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 the Antidumping and Countervailing Duty Centralized 1 See Antidumping Duty Order: Polyethylene Retail Carrier Bags From the People’s Republic of China, 69 FR 48201 (August 9, 2004) (Order). 5 See VerDate Mar<15>2010 DEPARTMENT OF COMMERCE PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\17DEN1.SGM 17DEN1

Agencies

[Federal Register Volume 78, Number 242 (Tuesday, December 17, 2013)]
[Notices]
[Pages 76279-76280]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29994]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-849]


Certain Cut-to-Length Carbon Steel Plate From the People's 
Republic of China: Final Results and Final No Shipments Determination 
of Antidumping Duty Administrative Review; 2011-2012

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.
SUMMARY: On July 24, 2013, the Department of Commerce (the 
``Department'') published the Preliminary Results of the 2011-2012 
administrative review of the antidumping duty order on certain cut-to-
length carbon steel plate (``CTL plate'') from the People's Republic of 
China (``PRC'').\1\ The period of review (``POR'') is November 1, 2011, 
through October 31, 2012. This review covers three PRC companies: Hunan 
Valin Xiangtan Iron & Steel Co., Ltd. (``Hunan Valin''), Shanghai 
Pudong Iron and Steel Co. (``Shanghai Pudong''), and the company 
grouping Bao/Baoshan Iron and Steel Corp., Baoshan International Trade 
Corp. and Bao Steel Metals Trading Corp. (``Baosteel''). The Department 
gave interested parties an opportunity to comment on the Preliminary 
Results, but no comments were received. In these final results of 
review, we continue to find that Hunan Valin did not have any 
reviewable transactions during the POR, and that Baosteel and Shanghai 
Pudong did not establish their eligibility for separate rate status 
and, thus, are part of the PRC-wide entity.
---------------------------------------------------------------------------

    \1\ See Certain Cut-to-Length Carbon Steel Plate from the 
People's Republic of China: Preliminary Results of Antidumping 
Administrative Review; 2011-2012, 78 FR 44525 (July 24, 2013) 
(``Preliminary Results'').

---------------------------------------------------------------------------
DATES: Effective Date: December 17, 2013.

FOR FURTHER INFORMATION CONTACT: Erin Kearney, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0167.

SUPPLEMENTARY INFORMATION: 

Background

    On July 24, 2013, the Department published the Preliminary Results. 
We invited interested parties to submit comments on the Preliminary 
Results, but no comments were received.
    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department has exercised its discretion 
to toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013.\2\ Therefore, all 
deadlines in this segment of the proceeding have been extended by 16 
days. If the new deadline falls on a non-business day, in accordance 
with the Department's practice, the deadline will become the next 
business day. The revised deadline for the final results of this review 
is now December 9, 2013.
---------------------------------------------------------------------------

    \2\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, ``Deadlines Affected by 
the Shutdown of the Federal Government'' (October 18, 2013).
---------------------------------------------------------------------------

    The Department has conducted this administrative review in 
accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the ``Act'').

Scope of the Order

    The product covered by the order is certain cut-to-length carbon 
steel plate from the PRC. Included in this description is hot-rolled 
iron and non-alloy steel universal mill plates (i.e., flat-rolled 
products rolled on four faces or in a closed box pass, of a width 
exceeding 150 millimeters (``mm'') but not exceeding 1250 mm and of a 
thickness of not less than 4 mm, not in coils and without patterns of 
relief), of rectangular shape, neither clad, plated nor coated with 
metal, whether or not painted, varnished, or coated with plastics or 
other nonmetallic substances; and certain iron and non-alloy steel 
flat-rolled products not in coils, of rectangular shape, hot-rolled, 
neither clad, plated nor coated with metal, whether or not painted, 
varnished, or covered with plastics or other nonmetallic substances, 
4.75 mm or more in thickness and of a width which exceeds 150mm and 
measures at least twice the thickness. Included as subject merchandise 
in this order are flat-rolled products of nonrectangular cross-section 
where such cross-section is achieved subsequent to the rolling process 
(i.e., products which have been ``worked after rolling'')--for example, 
products which have been beveled or rounded at the edges. This 
merchandise is currently classified in the Harmonized Tariff Schedule 
of the United States (``HTSUS'') 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, 7212.40.5000, 7212.50.0000. 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of the order is 
dispositive. Specifically excluded from subject merchandise within the 
scope of the order is grade X-70 steel plate.

Final Determination of No Shipments

    In the Preliminary Results, we determined that Hunan Valin did not 
have any reviewable transactions during the POR because Hunan Valin 
submitted a timely-filed certification that it had no shipments of 
subject merchandise during the POR and U.S. import data did not show 
any POR entries of Hunan Valin's subject merchandise.\3\ We did not 
receive information from U.S. Customs and Border Protection (``CBP'') 
indicating that there were reviewable transactions for Hunan Valin 
during the POR. Consistent with the Department's assessment practice in 
non-market economy (``NME'') cases, we stated in the Preliminary 
Results that the Department would not rescind the review in these 
circumstances but, rather, would complete the review with respect to 
Hunan Valin and issue appropriate instructions to CBP based on the 
final results of the review.\4\ As stated above, we did not receive any 
comments on our Preliminary Results. In these final results, we 
continue to determine that Hunan Valin had no reviewable transactions 
of subject merchandise during the POR.
---------------------------------------------------------------------------

    \3\ See Preliminary Results and accompanying Decision 
Memorandum, at 3-4.
    \4\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``Assessment 
Practice Refinement''); see also the ``Assessment'' section of this 
notice, below.

---------------------------------------------------------------------------

[[Page 76280]]

Treatment of Baosteel and Shanghai Pudong

    In the Preliminary Results, because we did not have adequate no 
shipment claims for Baosteel or Shanghai Pudong, we determined that 
record evidence did not demonstrate that these companies had no 
exports, sales or entries of subject merchandise during the POR. We 
also determined in the Preliminary Results that because neither 
Baosteel nor Shanghai Pudong filed separate rate applications or 
certifications with the Department, neither entity established its 
eligibility for separate rate status; therefore, we treated both 
Baosteel and Shanghai Pudong as part of the PRC-wide entity. As stated 
above, we did not receive any comments on our Preliminary Results. In 
these final results, we continue to determine that Baosteel and 
Shanghai Pudong did not establish their eligibility for separate rate 
status and, thus, are part of the PRC-wide entity.

Assessment

    The Department will determine, and CBP shall assess, antidumping 
duties on all appropriate entries covered by this review.\5\ The 
Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of these final results of review. The 
Department intends to instruct CBP to liquidate entries of subject 
merchandise from Baosteel and Shanghai Pudong at the PRC-wide rate of 
128.59 percent. Additionally, consistent with the Department's 
assessment practice refinement in NME cases, because the Department 
determined that Hunan Valin had no reviewable transactions of subject 
merchandise during the POR, any suspended entries that entered under 
Hunan Valin's antidumping duty case number (i.e., at that exporter's 
rate) will be liquidated at the PRC-wide rate.\6\
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.212(b)(1).
    \6\ See Assessment Practice Refinement.
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) For Hunan Valin, which 
claimed no shipments, the cash deposit rate will remain unchanged from 
the rate assigned to this company in the most recently completed review 
of the company; (2) for previously investigated or reviewed PRC and 
non-PRC exporters which are not under review in this segment of the 
proceeding but which have separate rates, the cash deposit rate will 
continue to be the exporter-specific rate published for the most recent 
period; (3) for all PRC exporters of subject merchandise that have not 
been found to be entitled to a separate rate, including Baosteel and 
Shanghai Pudong, the cash deposit rate will be the PRC-wide rate of 
128.59 percent; and (4) for all non-PRC exporters of subject 
merchandise which have not received their own rate, the cash deposit 
rate will be the rate applicable to the PRC exporter(s) that supplied 
that non-PRC exporter. These deposit requirements, when imposed, shall 
remain in effect until further notice.

Notification to Importers Regarding the Reimbursement of Duties

    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 POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties has occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to the 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the 
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 these results and this notice in 
accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: December 6, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2013-29994 Filed 12-16-13; 8:45 am]
BILLING CODE 3510-DS-P

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