Polyethylene Terephthalate Film, Sheet, and Strip From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2011-2012, 78333-78335 [2013-30919]
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78333
Federal Register / Vol. 78, No. 248 / Thursday, December 26, 2013 / Notices
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.
Dated: December 18, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I—List of Topics Discussed in
the Preliminary Decision Memorandum
1. Background
2. Scope of the Order
3. Respondent Selection
4. Intent Not To Rescind Review in Part
5. Extension of the Preliminary Results of
Review
6. Failure To Respond to Requests for
Information
7. Non-Market Economy Country Status
8. Separate Rates Determination
9. The PRC-Wide Entity
10. Adverse Facts Available
1. Use of Facts Available and Adverse
Facts Available
2. Application of Total Adverse Facts
Available to the PRC-Wide Entity
3. Selection of an Adverse-Facts-Available
Rate
4. Corroboration of Secondary Information
[FR Doc. 2013–30918 Filed 12–24–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–924]
Polyethylene Terephthalate Film,
Sheet, and Strip From the People’s
Republic of China: Preliminary Results
of Antidumping Duty Administrative
Review; 2011–2012
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is conducting an
administrative review of the
antidumping duty order on
polyethylene terephthalate film, sheet,
and strip (‘‘PET film’’) from the People’s
emcdonald on DSK67QTVN1PROD with NOTICES
AGENCY:
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Republic of China (‘‘PRC’’). The period
of review (‘‘POR’’) is November 1, 2011,
through October 31, 2012. The review
covers two mandatory respondents
(Shaoxing Xiangyu Green Packing Co.,
Ltd. and Tianjin Wanhua Co., Ltd.) and
three separate rate respondents. We
have preliminarily found that the
respondents have made sales of subject
merchandise at less than normal value
(‘‘NV’’). Interested parties are invited to
comment on these preliminary results.
DATED:
Effective Date: December 26,
2013.
FOR FURTHER INFORMATION CONTACT:
Jonathan Hill or Thomas Martin, AD/
CVD Operations, Office IV, Enforcement
& Compliance, International Trade
Administration, Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–3518 or (202) 482–
3936, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The products covered by the order are
all gauges of raw, pre-treated, or primed
PET film, whether extruded or coextruded.1 PET film is classifiable under
subheading 3920.62.00.90 of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’). Although the
HTSUS subheadings are provided for
convenience and customs purposes, our
written description of the scope of the
order is dispositive.
Tolling of Deadlines for Preliminary
Results
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. The revised deadline for the
preliminary results of this review is now
December 18, 2013.
1 For a complete description of the scope of the
order, see ‘‘Decision Memorandum for Preliminary
Results of 2011–2012 Antidumping Duty
Administrative Review: Polyethylene Terephthalate
Film, Sheet, and Strip from the People’s Republic
of China’’ from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty
Operations to Ronald K. Lorentzen, Acting
Assistant Secretary for Enforcement and
Compliance, dated concurrently with this notice
(‘‘Preliminary Decision Memorandum’’).
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).
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Methodology
The Department has conducted this
review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as
amended (‘‘the Act’’). Export prices
have been calculated in accordance with
section 772 of the Act. Because the PRC
is a non-market economy (‘‘NME’’)
within the meaning of section 771(18) of
the Act, NV has been calculated in
accordance with section 773(c) of the
Act.
For a full description of the
methodology underlying our
conclusions, please see the Preliminary
Decision Memorandum, which is hereby
adopted by this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via 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. The Preliminary
Decision Memorandum is also available
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
at https://enforcement.trade.gov/frn/.
The signed Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of Review
The Department preliminarily
determines that the following weightedaverage dumping margins exist for the
POR:
Exporter
Weightedaverage
dumping
margin
(percent)
Shaoxing Xiangyu Green Packing Co., Ltd .............................
Tianjin Wanhua Co., Ltd .............
Fuwei Films (Shandong) Co., Ltd
Sichuan Dongfang Insulating
Material Co., Ltd .....................
DuPont Teijin Films China Ltd.,
DuPont Hongji Films Foshan
Co., Ltd., and DuPont Teijin
Hongji Films Ningbo Co., Ltd ..
34.69
22.07
31.77
31.77
31.77
Disclosure and Public Comment
The Department intends to disclose
calculations performed for these
preliminary results to the parties within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b). Interested parties may
submit case briefs no later than 30 days
after the date of publication of these
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Federal Register / Vol. 78, No. 248 / Thursday, December 26, 2013 / Notices
preliminary results of review.3 Rebuttal
briefs may be filed no later than five
days after case briefs are filed and may
respond only to arguments raised in the
case briefs.4 A table of contents, list of
authorities used and an executive
summary of issues should accompany
any briefs submitted to the Department.
This summary should be limited to five
pages total, including footnotes.
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement & Compliance, U.S.
Department of Commerce, within 30
days after the date of publication of this
notice.5 Requests should contain the
party’s name, address, and telephone
number, the number of participants, and
a list of the issues to be discussed. Oral
argument presentations will be limited
to issues raised in the briefs. If a request
for a hearing is made, the Department
intends to hold the hearing at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230, at a date and
time to be determined.6 Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
All submissions, with limited
exceptions, must be filed electronically
using IA ACCESS.7 An electronically
filed document must be received
successfully in its entirety by the
Department’s electronic records system,
IA ACCESS, by 5 p.m. Eastern Time
(‘‘ET’’) on the due date. Documents
excepted from the electronic submission
requirements must be filed manually
(i.e., in paper form) with the APO/
Dockets Unit in Room 1870 and
stamped with the date and time of
receipt by 5 p.m. ET on the due date.8
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 briefs,
within 120 days of publication of these
preliminary results, pursuant to section
751(a)(3)(A) of the Act.
emcdonald on DSK67QTVN1PROD with NOTICES
Deadline for Submission of Publicly
Available Surrogate Value Information
In accordance with 19 CFR
351.301(c)(3)(ii), the deadline for
submission of publicly available
information to value factors of
production under 19 CFR 351.408(c) is
19 CFR 351.309(c).
19 CFR 351.309(d).
5 See 19 CFR 351.310(c).
6 See 19 CFR 351.310(d).
7 See generally 19 CFR 351.303.
8 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
20 days after the date of publication of
the preliminary results of this review. In
accordance with 19 CFR 351.301(c)(1), if
an interested party submits factual
information less than 10 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, if the
deadline for submission of surrogate
value information has passed, the
Department generally will not accept in
the rebuttal submission additional or
alternative surrogate value information
not previously on the record.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
Assessment Rates
Upon issuance of the final results of
this review, 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. We intend to instruct CBP
to liquidate entries containing subject
merchandise exported by the PRC-wide
entity at the PRC-wide rate. Where
either a respondent’s weighted-average
dumping margin is zero or de minimis,
or an importer-specific assessment rate
is zero or de minimis, we will instruct
CBP to liquidate the appropriate entries
without regard to antidumping duties.
For any individually examined
respondent and its importer(s) where
neither of those situations is the case, in
the final results of this review we will
calculate an importer-specific per-unit
assessment rate by dividing the total
dumping margins for reviewed sales to
the importer by the total sales quantity
associated with those sales.
On October 24, 2011, the Department
announced a refinement to its
assessment practice in NME
3 See
4 See
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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)(1).
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antidumping duty cases.12 Pursuant to
this refinement in practice, for
merchandise that was not reported in
the U.S. sales databases submitted by an
exporter individually examined during
this review, but that entered under the
case number of that exporter (i.e., at the
individually-examined exporter’s cash
deposit rate), the Department will
instruct CBP to liquidate such entries at
the PRC-wide rate. Additionally,
pursuant to this refinement, if the
Department determines that an exporter
under review had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s case number will be
liquidated at the PRC-wide rate.
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
sections 751(a)(2)(C) of the Act: (1) For
the exporters listed above, the cash
deposit rate will be equal to the
weighted-average dumping margin
established in the final results of this
review (except, if the rate is zero or de
minimis, then the cash deposit rate will
be zero for that exporter); (2) for
previously investigated or reviewed PRC
and non-PRC exporters not listed above
that have separate rates, the cash
deposit rate will continue to be the
exporter-specific rate published for the
most recently completed segment of this
proceeding; (3) for all PRC exporters of
subject merchandise which have not
been found to be entitled to a separate
rate, the cash deposit rate will be the
rate for the PRC-wide entity, 76.72
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 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
12 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011), for a full discussion
of this practice.
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Federal Register / Vol. 78, No. 248 / Thursday, December 26, 2013 / Notices
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213.
Dated: December 18, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
1. Background
2. Scope of the Order
3. Non-Market Economy Country
4. Separate Rate
5. Surrogate Country and Surrogate Value
Data
6. Fair Value Comparisons
7. U.S. Price
8. Normal Value
9. Export Subsidy Adjustment
10. Section 777A(f) of the Act
11. Currency Conversion
[FR Doc. 2013–30919 Filed 12–24–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–840]
Lightweight Thermal Paper from
Germany: Preliminary Results of
Antidumping Duty Administrative
Review; 2011–2012
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on lightweight
thermal paper (LWTP) from Germany.
The period of review (POR) is November
1, 2011, through October 31, 2012. The
review covers one producer and
exporter of the subject merchandise,
Papierfabrik August Koehler SE
(formerly Papierfabrik August Koehler
AG) (Koehler). We have preliminarily
determined that sales of subject
merchandise by Koehler have not been
made at prices below normal value. In
addition, we have preliminarily
determined that Papierfabrik August
Koehler SE is the successor-in-interest
to Papierfabrik August Koehler AG.
DATES: Effective Date: December 26,
2013.
emcdonald on DSK67QTVN1PROD with NOTICES
AGENCY:
VerDate Mar<15>2010
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FOR FURTHER INFORMATION CONTACT:
David Goldberger, AD/CVD Operations,
Office II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC, 20230; telephone (202)
482–4136.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise covered by the order
is lightweight thermal paper. The
merchandise subject to the order is
currently classified under the following
Harmonized Tariff Schedule of the
United States (HTSUS) subheadings:
3703.10.60, 4811.59.20, 4811.90.8000,
4811.90.8030, 4811.90.8040,
4811.90.8050, 4811.90.9000,
4811.90.9030, 4811.90.9035,
4811.90.9050, 4811.90.9080,
4811.90.9090, 4820.10.20, and
4823.40.00. Although the HTSUS
numbers are provided for convenience
and customs purposes, the written
product description, available in the
Order, remains dispositive.1
Methodology
The Department has conducted this
review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of
1930, as amended (the Act). Export
price and constructed export price are
calculated in accordance with section
772 of the Act. Normal value is
calculated in accordance with section
773 of the Act. For a full description of
the methodology underlying our
conclusions, see the Preliminary
Decision Memorandum, which is hereby
adopted by this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via 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
Preliminary Decision Memorandum can
be accessed at https://
enforcement.trade.gov/frn/. The signed
and electronic versions of the
Preliminary Decision Memorandum are
identical in content.
1 For a complete description of the scope, see
Antidumping Duty Orders: Lightweight Thermal
Paper from Germany and the People’s Republic of
China, 73 FR 70959 (November 24, 2008) (Order);
see also ‘‘Decision Memorandum for the
Preliminary Results of Antidumping Duty
Administrative Review; 2011–2012: Lightweight
Thermal Paper from Germany,’’ dated concurrently
with this notice (Preliminary Decision
Memorandum).
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78335
Preliminary Results of the Review 2
As a result of this review, we
preliminarily determine that a
weighted-average dumping margin of
0.00 percent exists for Koehler for the
period November 1, 2011, through
October 31, 2012.
Disclosure and Public Comment
We will disclose the calculations
performed to parties in this segment of
the proceeding within five days of the
date of publication of this notice in
accordance with 19 CFR 351.224(b).
Interested parties may submit case
briefs not later than 30 days after the
date of publication of this notice.3
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later
than five days after the date for filing
case briefs.4 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this proceeding are encouraged to
submit with each argument: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce. All
documents must be filed electronically
using IA ACCESS. An electronically
filed request must be received
successfully in its entirety by IA
ACCESS by 5:00 p.m. Eastern Standard
Time, within 30 days after the date of
publication of this notice.5 Requests
should contain the party’s name,
address, and telephone number, the
number of participants, and a list of the
issues to be discussed. If a request for
a hearing is made, the Department
intends to hold the hearing at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230, at a time and
2 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. 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). 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 preliminary
determination in this investigation is now
December 18, 2013.
3 See 19 CFR 351.309(c).
4 See 19 CFR 351.309(d).
5 See 19 CFR 351.310(c).
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]]>Agencies
[Federal Register Volume 78, Number 248 (Thursday, December 26, 2013)]
[Notices]
[Pages 78333-78335]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30919]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-924]
Polyethylene Terephthalate Film, Sheet, and Strip From the
People's Republic of China: Preliminary Results of Antidumping Duty
Administrative Review; 2011-2012
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting
an administrative review of the antidumping duty order on polyethylene
terephthalate film, sheet, and strip (``PET film'') from the People's
Republic of China (``PRC''). The period of review (``POR'') is November
1, 2011, through October 31, 2012. The review covers two mandatory
respondents (Shaoxing Xiangyu Green Packing Co., Ltd. and Tianjin
Wanhua Co., Ltd.) and three separate rate respondents. We have
preliminarily found that the respondents have made sales of subject
merchandise at less than normal value (``NV''). Interested parties are
invited to comment on these preliminary results.
DATED: Effective Date: December 26, 2013.
FOR FURTHER INFORMATION CONTACT: Jonathan Hill or Thomas Martin, AD/CVD
Operations, Office IV, Enforcement & Compliance, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-3518 or (202)
482-3936, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The products covered by the order are all gauges of raw, pre-
treated, or primed PET film, whether extruded or co-extruded.\1\ PET
film is classifiable under subheading 3920.62.00.90 of the Harmonized
Tariff Schedule of the United States (``HTSUS''). Although the HTSUS
subheadings are provided for convenience and customs purposes, our
written description of the scope of the order is dispositive.
---------------------------------------------------------------------------
\1\ For a complete description of the scope of the order, see
``Decision Memorandum for Preliminary Results of 2011-2012
Antidumping Duty Administrative Review: Polyethylene Terephthalate
Film, Sheet, and Strip from the People's Republic of China'' from
Christian Marsh, Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations to Ronald K. Lorentzen, Acting
Assistant Secretary for Enforcement and Compliance, dated
concurrently with this notice (``Preliminary Decision Memorandum'').
---------------------------------------------------------------------------
Tolling of Deadlines for Preliminary Results
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. The revised deadline for the preliminary results of this review
is now December 18, 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).
---------------------------------------------------------------------------
Methodology
The Department has conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (``the Act'').
Export prices have been calculated in accordance with section 772 of
the Act. Because the PRC is a non-market economy (``NME'') within the
meaning of section 771(18) of the Act, NV has been calculated in
accordance with section 773(c) of the Act.
For a full description of the methodology underlying our
conclusions, please see the Preliminary Decision Memorandum, which is
hereby adopted by this notice. The Preliminary Decision Memorandum is a
public document and is on file electronically via 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. The Preliminary Decision Memorandum
is also available 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 at https://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum
and the electronic version of the Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margins exist for the POR:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Shaoxing Xiangyu Green Packing Co., Ltd..................... 34.69
Tianjin Wanhua Co., Ltd..................................... 22.07
Fuwei Films (Shandong) Co., Ltd............................. 31.77
Sichuan Dongfang Insulating Material Co., Ltd............... 31.77
DuPont Teijin Films China Ltd., DuPont Hongji Films Foshan 31.77
Co., Ltd., and DuPont Teijin Hongji Films Ningbo Co., Ltd..
------------------------------------------------------------------------
Disclosure and Public Comment
The Department intends to disclose calculations performed for these
preliminary results to the parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs no later than 30 days after
the date of publication of these
[[Page 78334]]
preliminary results of review.\3\ Rebuttal briefs may be filed no later
than five days after case briefs are filed and may respond only to
arguments raised in the case briefs.\4\ A table of contents, list of
authorities used and an executive summary of issues should accompany
any briefs submitted to the Department. This summary should be limited
to five pages total, including footnotes.
---------------------------------------------------------------------------
\3\ See 19 CFR 351.309(c).
\4\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------
Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement &
Compliance, U.S. Department of Commerce, within 30 days after the date
of publication of this notice.\5\ Requests should contain the party's
name, address, and telephone number, the number of participants, and a
list of the issues to be discussed. Oral argument presentations will be
limited to issues raised in the briefs. If a request for a hearing is
made, the Department intends to hold the hearing at the U.S. Department
of Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230, at a date and time to be determined.\6\ Parties should confirm
by telephone the date, time, and location of the hearing two days
before the scheduled date.
---------------------------------------------------------------------------
\5\ See 19 CFR 351.310(c).
\6\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
All submissions, with limited exceptions, must be filed
electronically using IA ACCESS.\7\ An electronically filed document
must be received successfully in its entirety by the Department's
electronic records system, IA ACCESS, by 5 p.m. Eastern Time (``ET'')
on the due date. Documents excepted from the electronic submission
requirements must be filed manually (i.e., in paper form) with the APO/
Dockets Unit in Room 1870 and stamped with the date and time of receipt
by 5 p.m. ET on the due date.\8\
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\7\ See generally 19 CFR 351.303.
\8\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
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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 briefs, within 120 days of publication of these
preliminary results, pursuant to section 751(a)(3)(A) of the Act.
Deadline for Submission of Publicly Available Surrogate Value
Information
In accordance with 19 CFR 351.301(c)(3)(ii), the deadline for
submission of publicly available information to value factors of
production under 19 CFR 351.408(c) is 20 days after the date of
publication of the preliminary results of this review. In accordance
with 19 CFR 351.301(c)(1), if an interested party submits factual
information less than 10 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, if the deadline for submission of surrogate
value information has passed, the Department generally will not accept
in the rebuttal submission additional or alternative surrogate value
information not previously on the record.\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 of this review, 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. We intend to instruct CBP to liquidate entries containing
subject merchandise exported by the PRC-wide entity at the PRC-wide
rate. Where either a respondent's weighted-average dumping margin is
zero or de minimis, or an importer-specific assessment rate is zero or
de minimis, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties. For any individually examined
respondent and its importer(s) where neither of those situations is the
case, in the final results of this review we will calculate an
importer-specific per-unit assessment rate by dividing the total
dumping margins for reviewed sales to the importer by the total sales
quantity associated with those sales.
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\11\ See 19 CFR 351.212(b)(1).
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On October 24, 2011, the Department announced a refinement to its
assessment practice in NME antidumping duty cases.\12\ Pursuant to this
refinement in practice, for merchandise that was not reported in the
U.S. sales databases submitted by an exporter individually examined
during this review, but that entered under the case number of that
exporter (i.e., at the individually-examined exporter's cash deposit
rate), the Department will instruct CBP to liquidate such entries at
the PRC-wide rate. Additionally, pursuant to this refinement, if the
Department determines that an exporter under review had no shipments of
the subject merchandise, any suspended entries that entered under that
exporter's case number will be liquidated at the PRC-wide rate.
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\12\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
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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 sections 751(a)(2)(C) of the Act: (1) For the exporters
listed above, the cash deposit rate will be equal to the weighted-
average dumping margin established in the final results of this review
(except, if the rate is zero or de minimis, then the cash deposit rate
will be zero for that exporter); (2) for previously investigated or
reviewed PRC and non-PRC exporters not listed above that have separate
rates, the cash deposit rate will continue to be the exporter-specific
rate published for the most recently completed segment of this
proceeding; (3) for all PRC exporters of subject merchandise which have
not been found to be entitled to a separate rate, the cash deposit rate
will be the rate for the PRC-wide entity, 76.72 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 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
[[Page 78335]]
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
Dated: December 18, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Background
2. Scope of the Order
3. Non-Market Economy Country
4. Separate Rate
5. Surrogate Country and Surrogate Value Data
6. Fair Value Comparisons
7. U.S. Price
8. Normal Value
9. Export Subsidy Adjustment
10. Section 777A(f) of the Act
11. Currency Conversion
[FR Doc. 2013-30919 Filed 12-24-13; 8:45 am]
BILLING CODE 3510-DS-P
