Hand Trucks and Certain Parts Thereof From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2012-2013, 53167-53169 [2014-21332]
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Federal Register / Vol. 79, No. 173 / Monday, September 8, 2014 / Notices
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Dated: August 28, 2014.
Matthew Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2014–21211 Filed 9–5–14; 8:45 am]
BILLING CODE 3510–JT–P
DEPARTMENT OF COMMERCE
International Trade Administration
rmajette on DSK2TPTVN1PROD with NOTICES
[A–570–891]
Hand Trucks and Certain Parts Thereof
From the People’s Republic of China:
Preliminary Results of the
Antidumping Duty Administrative
Review; 2012–2013
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
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DATES:
Effective Date: September 8,
2014.
The Department of Commerce
(the Department) is currently
conducting an administrative review of
the antidumping duty order on hand
trucks and certain parts thereof (hand
trucks) from the People’s Republic of
China (PRC).1 The period of review
(POR) is December 1, 2012, through
November 30, 2013. This administrative
review covers three exporters of the
subject merchandise: New-Tec
Integration (Xiamen) Co., Ltd.’s (NewTec); Yangjiang Shunhe Industrial Co.
(Shunhe); and Full Merit Enterprise
Limited (Full Merit).
We preliminarily determine that NewTec’s weighted-average dumping margin
is zero. We are not making a
determination of no shipments with
respect to Shunhe (see ‘‘No Shipment
Certifications,’’ infra). In addition, we
are not rescinding this review with
respect to Full Merit at this time (see
‘‘Intent Not to Rescind in Part,’’ infra).
We invite interested parties to comment
on these preliminary results.
FOR FURTHER INFORMATION CONTACT:
Scott Hoefke, or Davina Friedmann, AD/
CVD Operations, Office VI, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–4947 or (202) 482–
0698, respectively.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Scope of the Order
The merchandise subject to the order
consists of hand trucks manufactured
from any material, whether assembled
or unassembled, complete or
incomplete, suitable for any use, and
certain parts thereof, namely the vertical
frame, the handling area and the
projecting edges or toe plate, and any
combination thereof. They are typically
imported under heading 8716.80.50.10
of the Harmonized Tariff Schedule of
the United States (HTSUS), although
they may also be imported under
heading 8716.80.50.90 and
8716.90.50.60. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written product description is
dispositive. A full description of the
scope of the order is contained in the
Preliminary Decision Memorandum,
dated concurrently with and hereby
adopted by this notice.2
1 See Notice of Antidumping Duty Order: Hand
Trucks and Certain Parts Thereof From the People’s
Republic of China, 69 FR 70122 (December 2, 2004).
2 See ‘‘Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative
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53167
No Shipments Certification
On April 10, 2014, we received an
entry of appearance and certification of
no shipments from Shunhe. Also on
April 10, 2014, the Department sent an
inquiry to U.S. Customs and Border
Protection (CBP) to determine whether
CBP entry data is consistent with the no
shipments certification from Shunhe.
The Department received no
information contrary to Shunhe’s claim
of no shipments. Since Shunhe was part
of the PRC-wide entity at the outset of
this administrative review, and
continues to be part of the PRC-wide
entity in this administrative review, we
are not making a determination of no
shipments with respect to Shunhe for
the preliminary results of the instant
administrative review.
Intent Not To Rescind Review in Part
We have received a timely request for
withdrawal of the administrative review
request for Full Merit and there is no
other review request outstanding for
that company. For a company named in
the Initiation Notice 3 for which a
review request has been withdrawn (in
this case, Full Merit), but which has not
previously received separate rate status,
the Department’s practice is to refrain
from rescinding the review with respect
to that company at this time. While Full
Merit’s request for review was timely
withdrawn, Full Merit remains part of
the PRC-wide entity. Although the PRCwide entity is not under review for these
preliminary results, the possibility
exists that the PRC-wide entity may be
reviewed for the final results of this
administrative review.4 Therefore, we
Review of Hand Trucks and Certain Parts Thereof
from the People’s Republic of China; 2012–2013’’
from Gary Taverman, Associate Deputy Assistant
Secretary for Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, dated August 28,
2014 (Preliminary Decision Memorandum), issued
concurrently with and hereby adopted by this
notice.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 79 FR 6147
(February 3, 2014) (Initiation Notice).
4 On November 4, 2013, the Department
announced a change in practice for all antidumping
administrative reviews for which the notice of
opportunity to request an admininstrative review is
published on or after December 4, 2014. See
Antidumping Proceedings: Announcement of
Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Proceedings, 78 FR
65963 (November 4, 2013). The opportunity to
request this review published on December 3, 2013;
therefore, the changes to the Department’s practice
are not applicable to this review. See Antidumping
or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request
Administrative Review, 78 FR 72636 (December 3,
2013).
E:\FR\FM\08SEN1.SGM
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Federal Register / Vol. 79, No. 173 / Monday, September 8, 2014 / Notices
are not rescinding this review with
respect to Full Merit at this time. We
intend to rescind this review with
respect to Full Merit in the final results
if the PRC-wide entity does not come
under review for the final results of this
administrative review.
Methodology
The Department conducted this
review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act). For a full
description of the methodology
underlying our conclusions, please 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 https://iaaccess.trade.gov and
available to all parties in the Central
Records Unit, room 7046 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly on the Internet at
https://enforcement.trade.gov/frn/. The
signed Preliminary Decision
Memorandum and electronic versions of
the Preliminary Decision Memorandum
are identical in content.
Preliminary Results of the Review
The Department preliminarily
determined that the following dumping
margin exists for the period December 1,
2012, through November 30, 2013:
Manufacturer/exporter
Weightedaverage
margin
(percent)
rmajette on DSK2TPTVN1PROD with NOTICES
New-Tec Integration
(Xiamen) Co., Ltd. .............
0.00
Disclosure and Public Comment
The Department intends to disclose to
parties to this proceeding the
calculations performed in reaching the
preliminary results within five days of
the date of publication of these
preliminary results.5 Interested parties
may submit case briefs no later than 30
days after the date of publication of the
preliminary results.6 Rebuttals to case
briefs may be filed no later than five
days after the deadline for filing case
briefs and all rebuttal comments must
be limited to comments raised in the
case briefs.7 Parties who submit case
briefs or rebuttal briefs in this
5 See
19 CFR 351.224(b).
19 CFR 351.309(c)(ii).
7 See 19 CFR 351.309 (d).
6 See
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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.8
Case and rebuttal briefs must be filed
electronically via IA ACCESS.9
Any interested party may request a
hearing within 30 days of publication of
this notice.10 Hearing requests should
contain the following information: (1)
The party’s name, address and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations will
be limited to issues raised in the case
briefs. If a request for a hearing is made,
parties will be notified of the date and
time for the hearing to be held at the
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230.11
The Department intends to issue the
final results of this administrative
review, including the results of its
analysis of the issues raised in any
briefs, within 120 days after the
publication of these preliminary results,
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(1).
Assessment Rates
Upon issuing the final results of the
review, the Department shall determine,
and U.S. CBP shall assess, antidumping
duties on all appropriate entries covered
by this review.12 The Department
intends to issue assessment instructions
to CBP 15 days after the date of
publication of the final results of
review. For any individually examined
respondents whose weighted-average
dumping margin is above de minimis,
we will calculate, where appropriate,
either an ad valorem or per-unit
assessment rate for each importer (or
customer).13 The per-unit assessment
rate will be based on the ratio of the
total amount of dumping calculated for
the importer’s examined sales to the
total entered quantity of those same
sales. The ad valorem assessment rate
will be 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.
We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review when the
8 See
19 CFR 351.309(c)(2) and (d)(2).
19 CFR 351.303(b).
10 See 19 CFR 351.310(c).
11 See 19 CFR 351.310(d).
12 See 19 CFR 351.212(b).
13 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).
9 See
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importer-specific assessment rate
calculated in the final results of this
review is above de minimis. Where
either the respondent’s weightedaverage dumping margin is zero or de
minimis, or an importer-specific
assessment rate is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties.
On October 24, 2011, the Department
announced a refinement to its
assessment practice in NME cases.14
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 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.15
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) The
cash deposit rate for New-Tec, which
has a separate rate, will be the cash
deposit rate established in the final
results of this review (except, if the rate
is zero or de minimis, then zero cash
deposit will be required); (2) for any
previously reviewed or investigated PRC
and non-PRC exporter not listed above
that received a separate rate in a
previous segment of this proceeding, the
cash deposit rate will continue to be the
existing exporter-specific rate; (3) for all
PRC exporters that have not been found
to be entitled to a separate rate, the cash
deposit rate will be that for the PRCwide entity (i.e., 383.60 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 the non-PRC
14 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
15 See id.
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Federal Register / Vol. 79, No. 173 / Monday, September 8, 2014 / Notices
exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice 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
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h)(1).
Dated: August 28, 2014.
Paul Piquado,
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. Certification of No Shipments
4. Intent Not To Rescind Review in Part
5. Non-Market-Economy Country Status
6. Separate Rates Determination
7. Absence of De Jure Control
8. Absence of De Facto Control
9. Surrogate Country
10. Fair Value Comparisons
11. U.S. Price
12. Normal Value
13. Factors Valuation
14. Currency Conversion
[FR Doc. 2014–21332 Filed 9–5–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–012]
Carbon and Certain Alloy Steel Wire
Rod From the People’s Republic of
China: Preliminary Determination of
Sales at Less Than Fair Value and
Preliminary Affirmative Determination
of Critical Circumstances, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) preliminarily
determines that carbon and certain alloy
steel wire rod (‘‘steel wire rod’’) from
the People’s Republic of China (‘‘PRC’’)
is being, or is likely to be, sold in the
United States at less than fair value
rmajette on DSK2TPTVN1PROD with NOTICES
AGENCY:
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Jkt 232001
(‘‘LTFV’’), as provided in section 733(b)
of the Tariff Act of 1930, as amended
(‘‘the Act’’). The period of investigation
(‘‘POI’’) is July 1, 2013, through
December 31, 2013. The weightedaverage dumping margins are shown in
the ‘‘Preliminary Determination’’
section of this notice. We invite
interested parties to comment on this
preliminary determination.
DATED: Effective Date: September 8,
2014.
FOR FURTHER INFORMATION CONTACT:
Brian Smith or Brandon Custard, 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) 482–1766 and (202)
482–1823, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The merchandise covered by this
investigation is certain hot-rolled
products of carbon steel and alloy steel,
in coils, of approximately circular cross
section, less than 19.00 mm in actual
solid cross-sectional diameter.
Specifically excluded are steel products
possessing the above-noted physical
characteristics and meeting the
Harmonized Tariff Schedule of the
United States (HTSUS) definitions for
(a) stainless steel; (b) tool steel; (c) high
nickel steel; (d) ball bearing steel; or (e)
concrete reinforcing bars and rods. Also
excluded are free cutting steel (also
known as free machining steel) products
(i.e., products that contain by weight
one or more of the following elements:
0.1 percent or more of lead, 0.05 percent
or more of bismuth, 0.08 percent or
more of sulfur, more than 0.04 percent
of phosphorus, more than 0.05 percent
of selenium, or more than 0.01 percent
of tellurium). All products meeting the
physical description of subject
merchandise that are not specifically
excluded are included in this scope.
The products under investigation are
currently classifiable under subheadings
7213.91.3011, 7213.91.3015,
7213.91.3020, 7213.91.3093,
7213.91.4500, 7213.91.6000,
7213.99.0030, 7227.20.0030,
7227.20.0080, 7227.90.6010,
7227.90.6020, 7227.90.6030, and
7227.90.6035 of the HTSUS. Products
entered under subheadings
7213.99.0090 and 7227.90.6090 of the
HTSUS also may be included in this
scope if they meet the physical
description of subject merchandise
above. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
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53169
written description of the scope of this
proceeding is dispositive.
Methodology
The Department conducted this
investigation in accordance with section
733 of the Act. Because certain
companies, including the mandatory
respondents,1 in this investigation did
not cooperate to the best of their ability
with the Department’s requests for
information, the Department
preliminarily determines that the
application of adverse facts available
(‘‘AFA’’) is warranted for this
preliminary determination, in
accordance with section 776 of the Act
and 19 CFR 351.308.
For a full description of the
methodology underlying our
conclusions, see ‘‘Decision
Memorandum for the Preliminary
Determination in the Antidumping Duty
Investigation of Carbon and Certain
Alloy Steel Wire Rod from the People’s
Republic of China,’’ from Gary
Taverman, Associate Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations, to Paul
Piquado, Assistant Secretary for
Enforcement and Compliance
(‘‘Preliminary Decision Memorandum’’),
dated concurrently with, and 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 is available to all
parties 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.
Combination Rates
In the Initiation Notice, the
Department stated that it would
calculate combination rates for the
respondents that are eligible for a
separate rate in this investigation.2 This
1 The mandatory respondents in this investigation
are Benxi Beiying Iron and Steel Group Imp. and
Exp. Corp. Ltd. and Tangshan Iron and Steel Group
Co. Ltd.
2 See Carbon and Certain Alloy Steel Wire Rod
From the People’s Republic of China: Initiation of
Antidumping Duty Investigation, 78 FR 11077,
11081 (February 27, 2014) (‘‘Initiation Notice’’).
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]]>Agencies
[Federal Register Volume 79, Number 173 (Monday, September 8, 2014)]
[Notices]
[Pages 53167-53169]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21332]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-891]
Hand Trucks and Certain Parts Thereof From the People's Republic
of China: Preliminary Results of the Antidumping Duty Administrative
Review; 2012-2013
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
DATES: Effective Date: September 8, 2014.
SUMMARY: The Department of Commerce (the Department) is currently
conducting an administrative review of the antidumping duty order on
hand trucks and certain parts thereof (hand trucks) from the People's
Republic of China (PRC).\1\ The period of review (POR) is December 1,
2012, through November 30, 2013. This administrative review covers
three exporters of the subject merchandise: New-Tec Integration
(Xiamen) Co., Ltd.'s (New-Tec); Yangjiang Shunhe Industrial Co.
(Shunhe); and Full Merit Enterprise Limited (Full Merit).
---------------------------------------------------------------------------
\1\ See Notice of Antidumping Duty Order: Hand Trucks and
Certain Parts Thereof From the People's Republic of China, 69 FR
70122 (December 2, 2004).
---------------------------------------------------------------------------
We preliminarily determine that New-Tec's weighted-average dumping
margin is zero. We are not making a determination of no shipments with
respect to Shunhe (see ``No Shipment Certifications,'' infra). In
addition, we are not rescinding this review with respect to Full Merit
at this time (see ``Intent Not to Rescind in Part,'' infra). We invite
interested parties to comment on these preliminary results.
FOR FURTHER INFORMATION CONTACT: Scott Hoefke, or Davina Friedmann, AD/
CVD Operations, Office VI, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4947 or (202) 482-0698, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order consists of hand trucks
manufactured from any material, whether assembled or unassembled,
complete or incomplete, suitable for any use, and certain parts
thereof, namely the vertical frame, the handling area and the
projecting edges or toe plate, and any combination thereof. They are
typically imported under heading 8716.80.50.10 of the Harmonized Tariff
Schedule of the United States (HTSUS), although they may also be
imported under heading 8716.80.50.90 and 8716.90.50.60. Although the
HTSUS subheadings are provided for convenience and customs purposes,
the written product description is dispositive. A full description of
the scope of the order is contained in the Preliminary Decision
Memorandum, dated concurrently with and hereby adopted by this
notice.\2\
---------------------------------------------------------------------------
\2\ See ``Decision Memorandum for the Preliminary Results of the
Antidumping Duty Administrative Review of Hand Trucks and Certain
Parts Thereof from the People's Republic of China; 2012-2013'' from
Gary Taverman, Associate Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations, to Paul Piquado, Assistant
Secretary for Enforcement and Compliance, dated August 28, 2014
(Preliminary Decision Memorandum), issued concurrently with and
hereby adopted by this notice.
---------------------------------------------------------------------------
No Shipments Certification
On April 10, 2014, we received an entry of appearance and
certification of no shipments from Shunhe. Also on April 10, 2014, the
Department sent an inquiry to U.S. Customs and Border Protection (CBP)
to determine whether CBP entry data is consistent with the no shipments
certification from Shunhe. The Department received no information
contrary to Shunhe's claim of no shipments. Since Shunhe was part of
the PRC-wide entity at the outset of this administrative review, and
continues to be part of the PRC-wide entity in this administrative
review, we are not making a determination of no shipments with respect
to Shunhe for the preliminary results of the instant administrative
review.
Intent Not To Rescind Review in Part
We have received a timely request for withdrawal of the
administrative review request for Full Merit and there is no other
review request outstanding for that company. For a company named in the
Initiation Notice \3\ for which a review request has been withdrawn (in
this case, Full Merit), but which has not previously received separate
rate status, the Department's practice is to refrain from rescinding
the review with respect to that company at this time. While Full
Merit's request for review was timely withdrawn, Full Merit remains
part of the PRC-wide entity. Although the PRC-wide entity is not under
review for these preliminary results, the possibility exists that the
PRC-wide entity may be reviewed for the final results of this
administrative review.\4\ Therefore, we
[[Page 53168]]
are not rescinding this review with respect to Full Merit at this time.
We intend to rescind this review with respect to Full Merit in the
final results if the PRC-wide entity does not come under review for the
final results of this administrative review.
---------------------------------------------------------------------------
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 79 FR
6147 (February 3, 2014) (Initiation Notice).
\4\ On November 4, 2013, the Department announced a change in
practice for all antidumping administrative reviews for which the
notice of opportunity to request an admininstrative review is
published on or after December 4, 2014. See Antidumping Proceedings:
Announcement of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and Conditional Review of
the Nonmarket Economy Entity in NME Antidumping Proceedings, 78 FR
65963 (November 4, 2013). The opportunity to request this review
published on December 3, 2013; therefore, the changes to the
Department's practice are not applicable to this review. See
Antidumping or Countervailing Duty Order, Finding, or Suspended
Investigation; Opportunity to Request Administrative Review, 78 FR
72636 (December 3, 2013).
---------------------------------------------------------------------------
Methodology
The Department conducted this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a
full description of the methodology underlying our conclusions, please
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 https://iaaccess.trade.gov and
available to all parties in the Central Records Unit, room 7046 of the
main Department of Commerce building. In addition, a complete version
of the Preliminary Decision Memorandum can be accessed directly on the
Internet at https://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and electronic versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of the Review
The Department preliminarily determined that the following dumping
margin exists for the period December 1, 2012, through November 30,
2013:
------------------------------------------------------------------------
Weighted-
Manufacturer/exporter average margin
(percent)
------------------------------------------------------------------------
New-Tec Integration (Xiamen) Co., Ltd................... 0.00
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Disclosure and Public Comment
The Department intends to disclose to parties to this proceeding
the calculations performed in reaching the preliminary results within
five days of the date of publication of these preliminary results.\5\
Interested parties may submit case briefs no later than 30 days after
the date of publication of the preliminary results.\6\ Rebuttals to
case briefs may be filed no later than five days after the deadline for
filing case briefs and all rebuttal comments must be limited to
comments raised in the case briefs.\7\ 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.\8\ Case and rebuttal briefs
must be filed electronically via IA ACCESS.\9\
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\5\ See 19 CFR 351.224(b).
\6\ See 19 CFR 351.309(c)(ii).
\7\ See 19 CFR 351.309 (d).
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
\9\ See 19 CFR 351.303(b).
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Any interested party may request a hearing within 30 days of
publication of this notice.\10\ Hearing requests should contain the
following information: (1) The party's name, address and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the case briefs. If a request for a hearing is made, parties will be
notified of the date and time for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230.\11\
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\10\ See 19 CFR 351.310(c).
\11\ See 19 CFR 351.310(d).
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The Department intends to issue the final results of this
administrative review, including the results of its analysis of the
issues raised in any briefs, within 120 days after the publication of
these preliminary results, pursuant to section 751(a)(3)(A) of the Act
and 19 CFR 351.213(h)(1).
Assessment Rates
Upon issuing the final results of the review, the Department shall
determine, and U.S. CBP shall assess, antidumping duties on all
appropriate entries covered by this review.\12\ The Department intends
to issue assessment instructions to CBP 15 days after the date of
publication of the final results of review. For any individually
examined respondents whose weighted-average dumping margin is above de
minimis, we will calculate, where appropriate, either an ad valorem or
per-unit assessment rate for each importer (or customer).\13\ The per-
unit assessment rate will be based on the ratio of the total amount of
dumping calculated for the importer's examined sales to the total
entered quantity of those same sales. The ad valorem assessment rate
will be 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.
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\12\ See 19 CFR 351.212(b).
\13\ 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).
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We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review when the importer-specific
assessment rate calculated in the final results of this review is above
de minimis. Where either the respondent's weighted-average dumping
margin is zero or de minimis, or an importer-specific assessment rate
is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
On October 24, 2011, the Department announced a refinement to its
assessment practice in NME cases.\14\ 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 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.\15\
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\14\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
\15\ See id.
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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) The cash deposit rate for New-Tec, which
has a separate rate, will be the cash deposit rate established in the
final results of this review (except, if the rate is zero or de
minimis, then zero cash deposit will be required); (2) for any
previously reviewed or investigated PRC and non-PRC exporter not listed
above that received a separate rate in a previous segment of this
proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate; (3) for all PRC exporters that have not been
found to be entitled to a separate rate, the cash deposit rate will be
that for the PRC-wide entity (i.e., 383.60 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 the non-PRC
[[Page 53169]]
exporter. These cash deposit requirements, when imposed, shall remain
in effect until further notice.
Notification to Importers
This notice 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 Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h)(1).
Dated: August 28, 2014.
Paul Piquado,
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. Certification of No Shipments
4. Intent Not To Rescind Review in Part
5. Non-Market-Economy Country Status
6. Separate Rates Determination
7. Absence of De Jure Control
8. Absence of De Facto Control
9. Surrogate Country
10. Fair Value Comparisons
11. U.S. Price
12. Normal Value
13. Factors Valuation
14. Currency Conversion
[FR Doc. 2014-21332 Filed 9-5-14; 8:45 am]
BILLING CODE 3510-DS-P
