Small Diameter Graphite Electrodes From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review, 58742-58743 [2014-23289]
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Federal Register / Vol. 79, No. 189 / Tuesday, September 30, 2014 / Notices
with 19 CFR 351.306. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a sanctionable
violation.
We are issuing and publishing these
final results and revocation, in part, and
notice in accordance with sections
751(b) and 777(i) of the Tariff Act of
1930, as amended, and 19 CFR 351.216
and 19 CFR 351.221(c)(3).
Dated: September 19, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2014–23287 Filed 9–29–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–929]
Small Diameter Graphite Electrodes
From the People’s Republic of China:
Initiation of Antidumping Duty New
Shipper Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: September 30,
2014.
SUMMARY: The Department of Commerce
(the Department) has determined that a
request for a new shipper review of the
antidumping duty order on small
diameter graphite electrodes from the
People’s Republic of China (PRC), meets
the statutory and regulatory
requirements for initiation.
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla, AD/CVD Operations
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; Telephone:
(202) 482–3477.
SUPPLEMENTARY INFORMATION:
tkelley on DSK3SPTVN1PROD with NOTICES
AGENCY:
Background
The antidumping duty order on small
diameter graphite electrodes from the
PRC published in the Federal Register
on February 26, 2009.1 Pursuant to
section 751(a)(2)(B)(i) of the Tariff Act
of 1930, as amended (the Act), we
received a timely request for a new
shipper review of the order from
Xuzhou Jianglong Carbon Products Co.,
1 See Antidumping Duty Order: Small Diameter
Graphite Electrodes from the People’s Republic of
China, 74 FR 8775 (February 26, 2009) (SDGE
Order).
VerDate Sep<11>2014
18:09 Sep 29, 2014
Jkt 232001
Ltd. (Jianglong).2 Jianglong certified that
it is both the producer and exporter of
the subject merchandise upon which the
request was based.3
Pursuant to section 751(a)(2)(B)(i)(I) of
the Act and 19 CFR 351.214(b)(2)(i),
Jianglong certified that it did not export
subject merchandise to the United
States during the period of investigation
(POI).4 In addition, pursuant to section
751(a)(2)(B)(i)(II) of the Act and 19 CFR
351.214(b)(2)(iii)(A), Jianglong certified
that, since the initiation of the
investigation, it has never been affiliated
with any exporter or producer who
exported subject merchandise to the
United States during the POI, including
those respondents not individually
examined during the POI.5 As required
by 19 CFR 351.214(b)(2)(iii)(B),
Jianglong also certified that its export
activities were not controlled by the
government of the PRC.6
In addition to the certifications
described above, pursuant to 19 CFR
351.214(b)(2), Jianglong submitted
documentation establishing the
following: (1) The date on which it first
shipped subject merchandise for export
to the United States; (2) the volume of
its first shipment; and (3) the date of its
first sale to an unaffiliated customer in
the United States.7
Period of Review
In accordance with 19 CFR
351.214(g)(1)(B) of the Act, the period of
review (POR) for new shipper reviews
initiated in the month immediately
following the semi-annual anniversary
month will be the six-month period
immediately preceding the semiannual
anniversary month. Therefore, under
this order, the POR is February 1, 2014,
through July 31, 2014. However, the
Department has used its discretion to
extend the POR for Jianglong’s new
shipper review by one month, making
the POR February 1, 2014, through
August 31, 2014.8
2 See Jianglong’s new shipper request dated
August 29, 2014.
3 See Jianglong’s new shipper request at Exhibit
1.
4 Id.
5 Id.
6 Id.
7 Jianglong’s new shipper request at Exhibit 1 and
Jianglong’s new shipper request at Exhibit 2.
8 When the sale of the subject merchandise occurs
within the POR specified by the Department’s
regulations but the entry occurs after the POR, the
specified POR may be extended unless it would be
likely to prevent the completion of the review
within the time limits set by the Department’s
regulations. See 19 CFR 351.214(f)(2)(ii).
Additionally, the preamble to the Department’s
regulations states that both the entry and the sale
should occur during the POR, but that under
‘‘appropriate’’ circumstances the Department has
the flexibility to extend the POR. See Antidumping
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B) of the
Act and 19 CFR 351.214(d)(1), the
Department finds that the request from
Jianglong meets the threshold
requirements for initiation of a new
shipper review for shipments of small
diameter graphite electrodes from the
PRC produced and exported by
Jianglong.9
The Department intends to issue the
preliminary results of this new shipper
review no later than 180 days from the
date of initiation and final results of the
review no later than 90 days after the
date the preliminary results are
issued.10 It is the Department’s usual
practice, in cases involving non-market
economy countries, to require that a
company seeking to establish eligibility
for an antidumping duty rate separate
from the country-wide rate provide
evidence of de jure and de facto absence
of government control over the
company’s export activities.
Accordingly, we will issue a
questionnaire to Jianglong which will
include a section requesting information
concerning its eligibility for a separate
rate. The new shipper review of
Jianglong will be rescinded if the
Department determines that Jianglong
has not demonstrated that it is eligible
for a separate rate.
We will instruct U.S. Customs and
Border Protection to allow, at the option
of the importer, the posting, until the
completion of the review, of a bond or
security in lieu of a cash deposit for
each entry of the subject merchandise
from Jianglong in accordance with
section 751(a)(2)(B)(iii) of the Act and
19 CFR 351.214(e). Because Jianglong
certified that it produced and exported
subject merchandise, the sale of which
is the basis for the request for a new
shipper review, we will apply the
bonding privilege to Jianglong only for
subject merchandise which was
produced and exported by Jianglong.
To assist in its analysis of the bona
fides of Jianglong’s sales, upon initiation
of this new shipper review, the
Department will require Jianglong to
Duties; Countervailing Duties; Final Rule, 62 FR
27296, 27319–27320 (May 19, 1997). In this
instance, Jianglong’s sale of subject merchandise
was made during the POR specified by the
Department’s regulations but the shipment entered
after the end of that POR. The Department finds that
extending the POR to capture this entry would not
prevent the completion of the review within the
time limits set by the Department’s regulations.
9 See the memorandum to the file entitled ‘‘Small
Diameter Graphite Electrodes from the People’s
Republic of China: Initiation Checklist for
Antidumping Duty New Shipper Review of Xuzhou
Jianglong Carbon Products Co., Ltd.’’ dated
concurrently with this notice.
10 See section 751(a)(2)(B)(iv) of the Act.
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30SEN1
Federal Register / Vol. 79, No. 189 / Tuesday, September 30, 2014 / Notices
submit on an ongoing basis complete
transaction information concerning any
sales of subject merchandise to the
United States that were made
subsequent to the POR.
Interested parties requiring access to
proprietary information in the new
shipper review should submit
applications for disclosure under
administrative protective order in
accordance with 19 CFR 351.305 and
351.306.
This initiation and notice are
published in accordance with section
751(a)(2)(B) of the Act and 19 CFR
351.214 and 351.221(c)(1)(i).
Dated: September 24, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2014–23289 Filed 9–29–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–983]
Drawn Stainless Steel Sinks From the
People’s Republic of China:
Preliminary Intent To Rescind
Antidumping Duty New Shipper
Review; 2012–2013
Enforcement of Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) is conducting a new
shipper review (‘‘NSR’’) of the
antidumping duty order on drawn
stainless steel sinks (‘‘drawn sinks’’)
from the People’s Republic of China
(‘‘PRC’’). The period of review (‘‘POR’’)
is October 4, 2012 through October 14,
2013. The review covers one exporter of
subject merchandise, Hubei Foshan
Success Imp. & Exp. Co. Ltd. (‘‘Foshan
Success’’). The Department
preliminarily determines that Foshan
Success’ sale to the United States was
not bona fide and is preliminarily
rescinding this NSR. Interested parties
are invited to comment on these
preliminary results.
DATES: Effective Date: September 30,
2014.
FOR FURTHER INFORMATION CONTACT: Joy
Zhang or Erin Begnal, AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–1168 or (202) 482–
1442, respectively.
SUPPLEMENTARY INFORMATION:
tkelley on DSK3SPTVN1PROD with NOTICES
AGENCY:
VerDate Sep<11>2014
18:09 Sep 29, 2014
Jkt 232001
58743
Background
On November 27, 2013, the
Department initiated an NSR of the
antidumping duty order on drawn sinks
from the PRC, exported by Foshan
Success and produced by Jiangmen
Xinhe Stainless Steel Products Co., Ltd.1
The POR is October 4, 2012, through
October 14, 2013. On May 6, 2014, the
Department extended the time period
for issuing the preliminary results by
120 days until September 23, 2014.2
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/
index.html. The signed Preliminary
Decision Memorandum and the
electronic versions of the Preliminary
Decision Memorandum are identical in
content.
Scope of the Order
The products covered by the scope of
the order are drawn stainless steel sinks
with single or multiple drawn bowls,
with or without drain boards, whether
finished or unfinished, regardless of
type of finish, gauge, or grade of
stainless steel. The products covered by
this order are currently classified in the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) under
statistical reporting numbers
7324.10.0000 and 7324.10.00.10.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope is dispositive.3
As discussed in the Preliminary
Decision Memorandum, the Department
preliminarily finds that the sale by
Foshan Success is not a bona fide sale
and that the sale does not provide a
reasonable or reliable basis for
calculating a dumping margin.4 The
Department reached this conclusion
based on the totality of circumstances,
namely: (1) The price and quantity of
Foshan Success’ single sale; (2) the
importer’s failure to provide evidence
that the subject merchandise was resold
at a profit; and (3) expenses arising from
making the transaction.5 Because this
non-bona fide sale was the only sale of
subject merchandise during the POR,
the Department is preliminarily
rescinding the NSR.
Preliminary Rescission of New Shipper
Review
Methodology
The Department conducted this
review in accordance with section
751(a)(2)(B) of the Tariff Act of 1930, as
amended (‘‘the Act’’) and 19 CFR
351.214. For a full description of the
methodology underlying our
conclusions, see the Appendix
accompanying this notice and 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 in the Central
Records Unit, room 7046 of the main
The Department intends to disclose
the analysis performed to parties to the
proceeding within five days after the
date of publication of this notice.6
Interested parties are invited to
comment on the preliminary results of
this review. Interested parties may
submit case briefs no later than 30 days
after the date of publication of the
preliminary results of review.7 Rebuttal
briefs, limited to issues raised in such
briefs, may be filed no later than five
days after the time limit for filing the
case briefs.8
Any interested party may request a
hearing within 30 days of publication of
the preliminary results in the Federal
1 See Drawn Stainless Steel Sinks from the
People’s Republic of China: Initiation of New
Shipper Review, 78 FR 72864 (December 4, 2013).
2 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, re: Extension of
Deadline for Preliminary Results of New Shipper
Review of Drawn Stainless Steel Sinks from the
People’s Republic of China, dated May 6, 2014.
3 See ‘‘Issues and Decision Memorandum for
Preliminary Results of Antidumping Duty New
Shipper Review: Drawn Stainless Steel Sinks from
the People’s Republic of China’’ from Christian
Marsh, Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations to Paul
Piquado, Assistant Secretary for Enforcement and
Compliance, dated September 23, 2014
(‘‘Preliminary Decision Memorandum’’) and hereby
adopted by this notice, for a complete description
of the Scope of the Order.
4 See Memorandum to Melissa Skinner, Director,
Office III, Antidumping and Countervailing Duty
Operations, through Erin Begnal, Program Manager,
Office III, Antidumping and Countervailing Duty
Operations, from Joy Zhang, International Trade
Analyst, titled ‘‘Antidumping Duty New Shipper
Review of Drawn Stainless Steel Sinks from the
People’s Republic of China: Bona Fide Sales
Analysis for Hubei Foshan Success Imp. & Exp. Co.,
Ltd.,’’ (Bona fides Memorandum) dated
concurrently and hereby adopted by this notice.
5 See id.
6 See 19 CFR 351.224(b).
7 See 19 CFR 351.309(c)(1)(ii); Parties submitting
written comments must submit them pursuant to
the Department’s e-filing regulations. See 19 CFR
351.303 (for general filing requirements); see also
https://iaaccess.trade.gov/help/
IA%20ACCESS%20User%20Guide.pdf.
8 See 19 CFR 351.309(d)(1)–(2).
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Fmt 4703
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Disclosure and Public Comments
E:\FR\FM\30SEN1.SGM
30SEN1
]]>Agencies
[Federal Register Volume 79, Number 189 (Tuesday, September 30, 2014)]
[Notices]
[Pages 58742-58743]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23289]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-929]
Small Diameter Graphite Electrodes From the People's Republic of
China: Initiation of Antidumping Duty New Shipper Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective Date: September 30, 2014.
SUMMARY: The Department of Commerce (the Department) has determined
that a request for a new shipper review of the antidumping duty order
on small diameter graphite electrodes from the People's Republic of
China (PRC), meets the statutory and regulatory requirements for
initiation.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla, AD/CVD Operations
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; Telephone: (202) 482-
3477.
SUPPLEMENTARY INFORMATION:
Background
The antidumping duty order on small diameter graphite electrodes
from the PRC published in the Federal Register on February 26, 2009.\1\
Pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as
amended (the Act), we received a timely request for a new shipper
review of the order from Xuzhou Jianglong Carbon Products Co., Ltd.
(Jianglong).\2\ Jianglong certified that it is both the producer and
exporter of the subject merchandise upon which the request was
based.\3\
---------------------------------------------------------------------------
\1\ See Antidumping Duty Order: Small Diameter Graphite
Electrodes from the People's Republic of China, 74 FR 8775 (February
26, 2009) (SDGE Order).
\2\ See Jianglong's new shipper request dated August 29, 2014.
\3\ See Jianglong's new shipper request at Exhibit 1.
---------------------------------------------------------------------------
Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR
351.214(b)(2)(i), Jianglong certified that it did not export subject
merchandise to the United States during the period of investigation
(POI).\4\ In addition, pursuant to section 751(a)(2)(B)(i)(II) of the
Act and 19 CFR 351.214(b)(2)(iii)(A), Jianglong certified that, since
the initiation of the investigation, it has never been affiliated with
any exporter or producer who exported subject merchandise to the United
States during the POI, including those respondents not individually
examined during the POI.\5\ As required by 19 CFR
351.214(b)(2)(iii)(B), Jianglong also certified that its export
activities were not controlled by the government of the PRC.\6\
---------------------------------------------------------------------------
\4\ Id.
\5\ Id.
\6\ Id.
---------------------------------------------------------------------------
In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2), Jianglong submitted documentation establishing the
following: (1) The date on which it first shipped subject merchandise
for export to the United States; (2) the volume of its first shipment;
and (3) the date of its first sale to an unaffiliated customer in the
United States.\7\
---------------------------------------------------------------------------
\7\ Jianglong's new shipper request at Exhibit 1 and Jianglong's
new shipper request at Exhibit 2.
---------------------------------------------------------------------------
Period of Review
In accordance with 19 CFR 351.214(g)(1)(B) of the Act, the period
of review (POR) for new shipper reviews initiated in the month
immediately following the semi-annual anniversary month will be the
six-month period immediately preceding the semiannual anniversary
month. Therefore, under this order, the POR is February 1, 2014,
through July 31, 2014. However, the Department has used its discretion
to extend the POR for Jianglong's new shipper review by one month,
making the POR February 1, 2014, through August 31, 2014.\8\
---------------------------------------------------------------------------
\8\ When the sale of the subject merchandise occurs within the
POR specified by the Department's regulations but the entry occurs
after the POR, the specified POR may be extended unless it would be
likely to prevent the completion of the review within the time
limits set by the Department's regulations. See 19 CFR
351.214(f)(2)(ii). Additionally, the preamble to the Department's
regulations states that both the entry and the sale should occur
during the POR, but that under ``appropriate'' circumstances the
Department has the flexibility to extend the POR. See Antidumping
Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27319-27320
(May 19, 1997). In this instance, Jianglong's sale of subject
merchandise was made during the POR specified by the Department's
regulations but the shipment entered after the end of that POR. The
Department finds that extending the POR to capture this entry would
not prevent the completion of the review within the time limits set
by the Department's regulations.
---------------------------------------------------------------------------
Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B) of the Act and 19 CFR
351.214(d)(1), the Department finds that the request from Jianglong
meets the threshold requirements for initiation of a new shipper review
for shipments of small diameter graphite electrodes from the PRC
produced and exported by Jianglong.\9\
---------------------------------------------------------------------------
\9\ See the memorandum to the file entitled ``Small Diameter
Graphite Electrodes from the People's Republic of China: Initiation
Checklist for Antidumping Duty New Shipper Review of Xuzhou
Jianglong Carbon Products Co., Ltd.'' dated concurrently with this
notice.
---------------------------------------------------------------------------
The Department intends to issue the preliminary results of this new
shipper review no later than 180 days from the date of initiation and
final results of the review no later than 90 days after the date the
preliminary results are issued.\10\ It is the Department's usual
practice, in cases involving non-market economy countries, to require
that a company seeking to establish eligibility for an antidumping duty
rate separate from the country-wide rate provide evidence of de jure
and de facto absence of government control over the company's export
activities. Accordingly, we will issue a questionnaire to Jianglong
which will include a section requesting information concerning its
eligibility for a separate rate. The new shipper review of Jianglong
will be rescinded if the Department determines that Jianglong has not
demonstrated that it is eligible for a separate rate.
---------------------------------------------------------------------------
\10\ See section 751(a)(2)(B)(iv) of the Act.
---------------------------------------------------------------------------
We will instruct U.S. Customs and Border Protection to allow, at
the option of the importer, the posting, until the completion of the
review, of a bond or security in lieu of a cash deposit for each entry
of the subject merchandise from Jianglong in accordance with section
751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Jianglong
certified that it produced and exported subject merchandise, the sale
of which is the basis for the request for a new shipper review, we will
apply the bonding privilege to Jianglong only for subject merchandise
which was produced and exported by Jianglong.
To assist in its analysis of the bona fides of Jianglong's sales,
upon initiation of this new shipper review, the Department will require
Jianglong to
[[Page 58743]]
submit on an ongoing basis complete transaction information concerning
any sales of subject merchandise to the United States that were made
subsequent to the POR.
Interested parties requiring access to proprietary information in
the new shipper review should submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305 and
351.306.
This initiation and notice are published in accordance with section
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).
Dated: September 24, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2014-23289 Filed 9-29-14; 8:45 am]
BILLING CODE 3510-DS-P
