Frontseating Service Valves From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; Preliminary Determination of No Shipments; 2012-2013, 30081-30082 [2014-12035]

Download as PDF 30081 Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–570–933] Frontseating Service Valves From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review; Preliminary Determination of No Shipments; 2012–2013 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) is conducting an administrative review of the antidumping duty order on frontseating service valves from the People’s Republic of China (‘‘PRC’’). The period of review (‘‘POR’’) is April 1, 2012, through March 31, 2013. The review covers two exporters of subject merchandise, Zhejiang DunAn Hetian Metal Co., Ltd. (‘‘DunAn’’) and Zhejiang Sanhua Co., Ltd. (‘‘Sanhua’’). The Department preliminarily finds that DunAn did not have reviewable transactions during the POR. In addition, we preliminarily determine that Sanhua made sales of subject merchandise at less than normal value during the POR. Interested parties are invited to comment on these preliminary results. DATES: Effective Date: May 27, 2014. FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, Enforcement and Compliance, Office III, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4243. SUPPLEMENTARY INFORMATION: AGENCY: sroberts on DSK5SPTVN1PROD with NOTICES Scope of the Order The merchandise covered by this order is frontseating service valves, assembled or unassembled, complete or incomplete, and certain parts thereof of any size, configuration, material composition or connection type.1 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 1 See ‘‘Decision Memorandum for Preliminary Results of 2012–2013 Antidumping Duty Administrative Review: Frontseating Service Valves From the People’s Republic of China,’’ dated concurrently with this notice and herein incorporated by reference (‘‘Preliminary Decision Memorandum’’) for a complete description of the Scope of the Order. VerDate Mar<15>2010 19:12 May 23, 2014 Jkt 232001 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, but the written description of the scope of this proceeding is dispositive. Preliminary Determination of No Shipments for DunAn DunAn submitted a timely-filed certification indicating that it had no shipments of subject merchandise to the United States during the POR.2 Consistent with its practice, the Department asked U.S. Customs and Border Protection (‘‘CBP’’) to conduct a query on potential shipments made by DunAn during the POR; CBP did not provide any evidence that contradicts DunAn’s claim of no shipments.3 Further, on December 23, 2013, the Department released to interested parties the results of the CBP query that it intended to use for corroboration of DunAn’s no shipment claims.4 The Department received no comments from interested parties concerning the results of the CBP query. Based on DunAn’s certification and our analysis of CBP information, we preliminarily determine that DunAn did not have any reviewable transactions during the POR. In addition, the Department finds that, consistent with its assessment practice in non-market economy (‘‘NME’’) cases, it is appropriate not to rescind the review in part in this circumstance, but rather to complete the review with respect to DunAn and issue appropriate instructions to CBP based on the final results of the review.5 Methodology The Department conducted this review in accordance with section 2 See letter from DunAn, ‘‘No Shipment Letter for Zhejiang DunAn Hetian Metal Co., Ltd.: Fourth Annual Administrative Review of the Antidumping Duty Order on Frontseating Service Valves from the People’s Republic of China, A–570–933 (POR: 04/ 01/12–03/31/13),’’ dated July 24, 2013. 3 See CBP Message Number, 4021305, dated 1/21/ 2014. 4 See Memorandum to the File, ‘‘2012–2013 Administrative Review of Frontseating Service Valves From the People’s Republic of China: U.S. Customs and Border Protection Data,’’ dated December 23, 2013. 5 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694–95 (October 24, 2011) and the ‘‘Assessment Rates’’ section, below. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 751(a)(1)(B) of the Tariff Act of 1930, as amended (‘‘the Act’’). Constructed export prices have been calculated in accordance with section 772(b) of the Act. Because the PRC is an NME within the meaning of section 771(18) of the Act, normal value has been calculated in accordance with section 773(c) of the Act. For a full description of the methodology underlying our preliminary results, see the Preliminary Decision Memorandum. 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 http:// iaaccess.trade.gov and in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the internet at http://www.trade.gov/enforcement/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Results of Review The Department preliminarily determines that the following weightedaverage dumping margin exists for the POR April 1, 2012, through March 31, 2013: Exporter WeightedAverage Dumping Margin (Percent) Zhejiang Sanhua Co., Ltd. ....... 0.98 Disclosure and Public Comment The Department intends to disclose to the parties the calculations performed for these preliminary results within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). As discussed in the Preliminary Decision Memorandum, the Department intends to place labor data from Bulgaria on the record of this review after issuing the preliminary results. Once this occurs, the Department will establish a schedule for the submission of written argument pursuant to 19 CFR 351.309(c) and (d) and a hearing pursuant to 19 CFR 351.310. Unless otherwise extended, the Department intends to issue the final results of this administrative review, which will include the results of its E:\FR\FM\27MYN1.SGM 27MYN1 30082 Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Notices analysis of issues raised in any such comments, within 120 days of publication of these preliminary results, pursuant to section 751(a)(3)(A) of the Act. Assessment Rate Upon issuance of the final results of this review, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.6 The Department intends to issue appropriate assessment instructions to CBP 15 days after publication of the final results of this review. For any individually examined respondent whose weighted-average dumping margin is above de minimis, we will calculate importer-specific ad valorem duty assessment rates based on the ratio of the total amount of dumping calculated for the importer’s examined sales to the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1).7 For duty assessment rates calculated on this basis, we will direct CBP to assess the resulting ad valorem rate against the entered customs values for the subject merchandise. The Department announced a refinement to its assessment practice in NME cases. Pursuant to this refinement in practice, for entries that were not reported in the U.S. sales databases submitted by companies individually examined during this review, the Department will instruct CBP to liquidate such entries at the PRC-wide rate. In addition, 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 (i.e., at that exporter’s rate) will be liquidated at the PRC-wide rate.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. Cash Deposit Requirements The following cash deposit requirements, when imposed, will apply to all shipments of subject merchandise entered, or withdrawn from warehouse, sroberts on DSK5SPTVN1PROD with NOTICES 6 See 19 CFR 351.212(b)(1). these preliminary results, the Department applied the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012). 8 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694–95 (October 24, 2011). 7 In VerDate Mar<15>2010 19:12 May 23, 2014 Jkt 232001 for consumption on or after the publication 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, which has a separate rate, the cash deposit rate will be the one established in the final results of this review (except, if the rate is zero or de minimis, then zero cash deposit will be required); (3) for any previously investigated or reviewed PRC and non-PRC exporter that is 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 that have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC-wide rate of 55.62 percent, which is rate assigned to the PRC-Wide Entity in the investigation; 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. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing notice of these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: May 16, 2014. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I—List of Topics Discussed in the Preliminary Decision Memorandum 1. Background 9 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) (‘‘Final Determination’’). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 2. Scope of the Order 3. Non-Market Economy Country 4. Separate Rates 5. Surrogate Country and Surrogate Value Data 6. Surrogate Country 7. Economic Comparability 8. Significant Producers of Identical or Comparable Merchandise 9. Data Availability 10. Date of Sale 11. Comparisons to Normal Value 12. Constructed Export Price 13. Value-Added Tax 14. Normal Value 15. Factor Valuations 16. Currency Conversion [FR Doc. 2014–12035 Filed 5–23–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–009] Calcium Hypochlorite From the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers/exporters of calcium hypochlorite from the People’s Republic of China (PRC). The period of investigation is January 1, 2012, through December 31, 2012. Interested parties are invited to comment on this preliminary determination. DATES: Effective Date: May 27, 2014. FOR FURTHER INFORMATION CONTACT: Katie Marksberry, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–7906. SUPPLEMENTARY INFORMATION: AGENCY: Alignment of Final Countervailing Duty (CVD) Determination with Final Antidumping Duty (AD) Determination The Department published its notice of initiation of this investigation on January 14, 2014.1 On the same day the Department initiated this CVD 1 See Calcium Hypochlorite from the People’s Republic of China: Initiation of Antidumping Duty Investigation, 79 FR 2410 (January 14, 2014). E:\FR\FM\27MYN1.SGM 27MYN1

Agencies

[Federal Register Volume 79, Number 101 (Tuesday, May 27, 2014)]
[Notices]
[Pages 30081-30082]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12035]



[[Page 30081]]

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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-933]


Frontseating Service Valves From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review; 
Preliminary Determination of No Shipments; 2012-2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (``the Department'') is conducting 
an administrative review of the antidumping duty order on frontseating 
service valves from the People's Republic of China (``PRC''). The 
period of review (``POR'') is April 1, 2012, through March 31, 2013. 
The review covers two exporters of subject merchandise, Zhejiang DunAn 
Hetian Metal Co., Ltd. (``DunAn'') and Zhejiang Sanhua Co., Ltd. 
(``Sanhua''). The Department preliminarily finds that DunAn did not 
have reviewable transactions during the POR. In addition, we 
preliminarily determine that Sanhua made sales of subject merchandise 
at less than normal value during the POR. Interested parties are 
invited to comment on these preliminary results.

DATES: Effective Date: May 27, 2014.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, Enforcement and 
Compliance, Office III, International Trade Administration, Department 
of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; 
telephone: (202) 482-4243.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise covered by this order is frontseating service 
valves, assembled or unassembled, complete or incomplete, and certain 
parts thereof of any size, configuration, material composition or 
connection type.\1\ 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, but the written 
description of the scope of this proceeding is dispositive.
---------------------------------------------------------------------------

    \1\ See ``Decision Memorandum for Preliminary Results of 2012-
2013 Antidumping Duty Administrative Review: Frontseating Service 
Valves From the People's Republic of China,'' dated concurrently 
with this notice and herein incorporated by reference (``Preliminary 
Decision Memorandum'') for a complete description of the Scope of 
the Order.
---------------------------------------------------------------------------

Preliminary Determination of No Shipments for DunAn

    DunAn submitted a timely-filed certification indicating that it had 
no shipments of subject merchandise to the United States during the 
POR.\2\ Consistent with its practice, the Department asked U.S. Customs 
and Border Protection (``CBP'') to conduct a query on potential 
shipments made by DunAn during the POR; CBP did not provide any 
evidence that contradicts DunAn's claim of no shipments.\3\ Further, on 
December 23, 2013, the Department released to interested parties the 
results of the CBP query that it intended to use for corroboration of 
DunAn's no shipment claims.\4\ The Department received no comments from 
interested parties concerning the results of the CBP query.
---------------------------------------------------------------------------

    \2\ See letter from DunAn, ``No Shipment Letter for Zhejiang 
DunAn Hetian Metal Co., Ltd.: Fourth Annual Administrative Review of 
the Antidumping Duty Order on Frontseating Service Valves from the 
People's Republic of China, A-570-933 (POR: 04/01/12-03/31/13),'' 
dated July 24, 2013.
    \3\ See CBP Message Number, 4021305, dated 1/21/2014.
    \4\ See Memorandum to the File, ``2012-2013 Administrative 
Review of Frontseating Service Valves From the People's Republic of 
China: U.S. Customs and Border Protection Data,'' dated December 23, 
2013.
---------------------------------------------------------------------------

    Based on DunAn's certification and our analysis of CBP information, 
we preliminarily determine that DunAn did not have any reviewable 
transactions during the POR. In addition, the Department finds that, 
consistent with its assessment practice in non-market economy (``NME'') 
cases, it is appropriate not to rescind the review in part in this 
circumstance, but rather to complete the review with respect to DunAn 
and issue appropriate instructions to CBP based on the final results of 
the review.\5\
---------------------------------------------------------------------------

    \5\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and 
the ``Assessment Rates'' section, below.
---------------------------------------------------------------------------

Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (``the Act''). 
Constructed export prices have been calculated in accordance with 
section 772(b) of the Act. Because the PRC is an NME within the meaning 
of section 771(18) of the Act, normal value has been calculated in 
accordance with section 773(c) of the Act.
    For a full description of the methodology underlying our 
preliminary results, see the Preliminary Decision Memorandum. 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 http://iaaccess.trade.gov and in the Central Records Unit, room 7046 of the 
main Department of Commerce building. In addition, a complete version 
of the Preliminary Decision Memorandum can be accessed directly on the 
internet at http://www.trade.gov/enforcement/. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.

Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margin exists for the POR April 1, 2012, 
through March 31, 2013:

------------------------------------------------------------------------
                                                              Weighted-
                                                               Average
                         Exporter                              Dumping
                                                               Margin
                                                              (Percent)
------------------------------------------------------------------------
Zhejiang Sanhua Co., Ltd..................................         0.98
------------------------------------------------------------------------

Disclosure and Public Comment

    The Department intends to disclose to the parties the calculations 
performed for these preliminary results within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). As 
discussed in the Preliminary Decision Memorandum, the Department 
intends to place labor data from Bulgaria on the record of this review 
after issuing the preliminary results. Once this occurs, the Department 
will establish a schedule for the submission of written argument 
pursuant to 19 CFR 351.309(c) and (d) and a hearing pursuant to 19 CFR 
351.310.
    Unless otherwise extended, the Department intends to issue the 
final results of this administrative review, which will include the 
results of its

[[Page 30082]]

analysis of issues raised in any such comments, within 120 days of 
publication of these preliminary results, pursuant to section 
751(a)(3)(A) of the Act.

Assessment Rate

    Upon issuance of the final results of this review, the Department 
will determine, and CBP shall assess, antidumping duties on all 
appropriate entries covered by this review.\6\ The Department intends 
to issue appropriate assessment instructions to CBP 15 days after 
publication of the final results of this review.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

    For any individually examined respondent whose weighted-average 
dumping margin is above de minimis, we will calculate importer-specific 
ad valorem duty assessment rates based on the ratio of the total amount 
of dumping calculated for the importer's examined sales to the total 
entered value of those same sales in accordance with 19 CFR 
351.212(b)(1).\7\ For duty assessment rates calculated on this basis, 
we will direct CBP to assess the resulting ad valorem rate against the 
entered customs values for the subject merchandise.
---------------------------------------------------------------------------

    \7\ In these preliminary results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------

    The Department announced a refinement to its assessment practice in 
NME cases. Pursuant to this refinement in practice, for entries that 
were not reported in the U.S. sales databases submitted by companies 
individually examined during this review, the Department will instruct 
CBP to liquidate such entries at the PRC-wide rate. In addition, 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 (i.e., at that exporter's rate) will be 
liquidated at the PRC-wide rate.\8\
---------------------------------------------------------------------------

    \8\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011).
---------------------------------------------------------------------------

    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.

Cash Deposit Requirements

    The following cash deposit requirements, when imposed, will apply 
to all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication 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, 
which has a separate rate, the cash deposit rate will be the one 
established in the final results of this review (except, if the rate is 
zero or de minimis, then zero cash deposit will be required); (3) for 
any previously investigated or reviewed PRC and non-PRC exporter that 
is 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 that have not 
been found to be entitled to a separate rate, the cash deposit rate 
will be the PRC-wide rate of 55.62 percent, which is rate assigned to 
the PRC-Wide Entity in the investigation; \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. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
---------------------------------------------------------------------------

    \9\ 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) (``Final Determination'').
---------------------------------------------------------------------------

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 notice of these results in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act.

     Dated: May 16, 2014.
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. Non-Market Economy Country
4. Separate Rates
5. Surrogate Country and Surrogate Value Data
6. Surrogate Country
7. Economic Comparability
8. Significant Producers of Identical or Comparable Merchandise
9. Data Availability
10. Date of Sale
11. Comparisons to Normal Value
12. Constructed Export Price
13. Value-Added Tax
14. Normal Value
15. Factor Valuations
16. Currency Conversion

[FR Doc. 2014-12035 Filed 5-23-14; 8:45 am]
BILLING CODE 3510-DS-P