Freshwater Crawfish Tail Meat From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and New Shipper Review; 2012-2013, 60134-60136 [2014-23793]
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60134
Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Notices
Rights no later than November 1, 2014.
Letters of interest must be sent to the
address listed below.
Because the terms of the members of
the South Carolina Advisory Committee
are expiring on February 7, 2015, the
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The memberships are exclusively for the
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November 1, 2014.
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SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
David Mussatt, Chief, Regional
Programs Unit, 55 W. Monroe St., Suite
410, Chicago, IL 60603, (312) 353–8311.
Dated in Chicago, IL, on October 1, 2014.
David Mussatt,
Chief, Regional Programs Unit.
[FR Doc. 2014–23746 Filed 10–3–14; 8:45 am]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–848]
Freshwater Crawfish Tail Meat From
the People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review and New
Shipper Review; 2012–2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review and new shipper
review of the antidumping duty order
on freshwater crawfish tail meat from
the People’s Republic of China (PRC).
The period of review (POR) for the
administrative review and new shipper
review is September 1, 2012, through
August 31, 2013. The Department
preliminarily determines that Hubei
Nature Agriculture Industry Co., Ltd.
(Hubei Nature, the new shipper), and
Xiping Opeck Food Co., Ltd. (Xiping
Opeck) have not made sales of subject
merchandise in the United States at
prices below normal value.
DATES: Effective Date: October 6, 2014.
FOR FURTHER INFORMATION CONTACT:
Bryan Hansen or Hermes Pinilla, AD/
CVD Operations, Office 1, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–3683, and (202)
482–3477, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Order
The merchandise subject to the
antidumping duty order is freshwater
crawfish tail meat, which is currently
classified in the Harmonized Tariff
Schedule of the United States (HTSUS)
under item numbers 1605.40.10.10,
1605.40.10.90, 0306.19.00.10, and
0306.29.00.00. On February 10, 2012,
the Department added HTSUS
classification number 0306.29.01.00 to
the scope description pursuant to a
request by U.S. Customs and Border
Protection (CBP). While the HTSUS
numbers are provided for convenience
and customs purposes, the written
description is dispositive. A full
description of the scope of the order is
contained in the Preliminary Decision
Memorandum.1
1 See the memorandum from Christian Marsh,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Decision Memorandum for the
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Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Notices
Methodology
The Department conducted these
reviews in accordance with section
751(a)(2) of the Tariff Act of 1930, as
amended (the Act). Export Price is
calculated in accordance with section
772(c) of the Act. Because the PRC is a
non-market economy (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
conclusions, see 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
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.
Preliminary Results of Reviews
The Department determines that the
following preliminary dumping margins
exist for the administrative review
covering the period September 1, 2012,
through August 31, 2013:
Weighted
average
dumping
margin
(percent)
Exporter
Xiping Opeck Food Co., Ltd. ......
0.00
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As a result of the new shipper review,
the Department preliminarily
determines that a dumping margin of
0.00 percent exists for merchandise
produced and exported by Hubei Nature
Agriculture Industry Co., Ltd. covering
the period September 1, 2012, through
August 31, 2013.
Disclosure and Public Comment
The Department will disclose
calculations performed in these
preliminary results to the parties within
Preliminary Results of the Antidumping Duty
Administrative Review and New Shipper Review:
Freshwater Crawfish Tail Meat from the People’s
Republic of China’’ dated concurrently with and
hereby adopted by this notice (Preliminary Decision
Memorandum).
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five days after the date of publication of
this notice.2 Pursuant to 19 CFR
351.309(c), interested parties may
submit cases briefs no later than 30 days
after the date of publication of these
preliminary results of review.3 Parties
who submit arguments are requested to
submit with the argument: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities. Rebuttals briefs,
limited to issues raised in case briefs,
may be filed no later than five days after
the time limit for filing the case briefs,
as specified by 19 CFR 351.309(d).
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, filed
electronically using IA ACCESS. An
electronically filed document must be
received successfully in its entirety by
the Department’s IA ACCESS by 5:00
p.m. Eastern Time within 30 days after
the date of publication of this notice.4
Hearing requests should contain (1) the
party’s name, address, and telephone
number; (2) the number of participants;
and (3) a list of issues to be discussed.
Oral presentations will be limited to
issues raised in the briefs. If a request
for a hearing is made, we will inform
parties of the scheduled date for the
hearing which will be held at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington DC 20230, at a time and
location to be determined.5 Parties
should confirm by telephone or email
the date, time, and location of the
hearing.
Unless the deadline is extended
pursuant to section 751(a)(2)(B)(iv) of
the Act, the Department will issue the
final results of these reviews, including
the results of its analysis of issues raised
by parties in their comments, 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).
Assessment Rates
Upon issuing the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by these
reviews.6 If a respondent’s weighted
average dumping margin is above de
minimis (i.e., 0.50 percent) in the final
results of these reviews, the Department
2 See
19 CFR 351.224(b).
19 CFR 351.309(c).
4 See 19 CFR 351.310(c).
5 Id.
6 See 19 CFR 351.212(b)(1).
3 See
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60135
will calculate an importer-specific
assessment rate on the basis of the ratio
of the total amount of dumping
calculated for the importer’s examined
sales and, where possible, the total
entered value of sales, in accordance
with 19 CFR 351.212(b)(1). In these
preliminary results, the Department
applied the assessment rate calculation
method adopted in the Final
Modification for Reviews, i.e., on the
basis of monthly average-to-average
comparisons using only the transactions
associated with the importer with
offsets being provided for non-dumped
comparisons.7 Where an importer- (or
customer-) specific ad valorem rate is
zero or de minimis, we will instruct CBP
to liquidate appropriate entries without
regard to antidumping duties.8
Pursuant to a refinement in the
Department’s assessment practice in
NME cases,9 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. We intend to issue assessment
instructions to CBP 15 days after the
date of publication of the final results of
these reviews.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of these
reviews 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 section 751(a)(2)(C)
of the Act: (1) For the companies listed
above that have a separate rate, with the
exception of Hubei Nature (see below),
the cash deposit rate will be that
established in the final results of these
reviews (except if the rate is zero or de
minimis, i.e., less than 0.5 percent, then
no cash deposit will be required); (2) for
previously investigated or reviewed PRC
and non-PRC exporters not listed above
that received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate; (3) for all
PRC exporters of subject merchandise
that have not been found to be entitled
to a separate rate, the cash deposit rate
7 See Antidumping Proceeding: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification for
Reviews).
8 See 19 CFR 351.106(c)(2).
9 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
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Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Notices
will be that for the PRC-wide entity; 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.
With respect to Hubei Nature, the new
shipper respondent, the Department
established a combination cash deposit
rate for this company consistent with its
practice as follows: (1) For subject
merchandise produced and exported by
Hubei Nature, the cash deposit rate will
be the rate established for Hubei Nature
in the final results of the NSR; (2) for
subject merchandise exported by Hubei
Nature, but not produced by Hubei
Nature, the cash deposit rate will be the
rate for the PRC-wide entity; and (3) for
subject merchandise produced by Hubei
Nature but not exported by Hubei
Nature, the cash deposit rate will be the
rate applicable to the exporter.
These 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 these
PORs. 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 the
preliminary results of these reviews in
accordance with sections 751(a)(1),
751(a)(2)(B)(iv), 751(a)(3), 777(i) of the
Act and 19 CFR 351.213(h), 351.214 and
351.221(b)(4).
Dated: September 29, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
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Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Bona Fides Analysis
5. Non-Market-Economy Country Status
6. Surrogate Country
7. Separate Rates
8. Absence of De Jure Control
9. Absence of De Facto Control
10. Fair Value Comparisons
11. U.S. Price
12. Normal Value
13. Surrogate Values
14. Currency Conversion
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15. Recommendation
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: Notice of Court
Decision Not in Harmony With Final
Results of Administrative Review and
Notice of Amended Final Results of
Administrative Review Pursuant to
Court Decision
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 22, 2014, the United
States Court of International Trade
(‘‘CIT’’) sustained the Department of
Commerce’s (‘‘the Department’’) results
of redetermination, pursuant to the
CIT’s remand order, in Dupont Teijin
Films v. United States, 997 F. Supp. 2d
1338 (CIT 2014).1
Consistent with the decision of the
United States Court of Appeals for the
Federal Circuit (‘‘CAFC’’) in Timken Co.
v. United States, 893 F.2d 337 (Fed. Cir.
1990) (‘‘Timken’’), as clarified by
Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir.
2010) (‘‘Diamond Sawblades’’), the
Department is notifying the public that
the final judgment in this case is not in
harmony with the Department’s PET
Film Final Results 2 and is amending the
final results with respect to the margins
assigned to Tianjin Wanhua Co., Ltd.,
Sichuan Dongfang Insulating Material
Co., Ltd., Fuwei Films (Shandong) Co.,
Ltd., and Shaoxing Xiangyu Green
Packing Co., Ltd. (‘‘Respondents’’) for
the period of review (‘‘POR’’) November
1, 2009, through October 31, 2010.
Effective Date: August 1, 2014.
FOR FURTHER INFORMATION CONTACT:
Thomas Martin, Office IV, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–3936.
AGENCY:
1 See Final Results of Redetermination Pursuant
to Court Remand, Court No. 12–00088, dated
February 7, 2014, available at: https://
enforcement.trade.gov/remands/ (‘‘PET
Film Final Remand’’).
2 See Polyethylene Terephthalate Film, Sheet, and
Strip from the People’s Republic of China: Final
Results of the 2009–2010 Antidumping Duty
Administrative Review of the Antidumping Duty
Order, 77 FR 14493 (March 12, 2012) (‘‘PET Film
Final Results’’).
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On March
12, 2012, the Department published the
PET Film Final Results. Domestic
producers Dupont Teijin Films,
Mitsubishi Polyester Film, Inc., SKC,
Inc., and Toray Plastics (America), Inc.
appealed the PET Film Final Results to
the CIT, and on February 7, 2013, the
CIT issued its first remand order in this
case concerning the Department’s
selection of its surrogate country.3 On
August 21, 2013, the CIT issued its
second remand and ordered the
Department to reconsider its surrogate
country selection with the benefit of
2009 per-capita gross national income
data.4
Pursuant to the CIT’s remand
instructions, the Department, under
protest, selected South Africa as the
primary surrogate country for
calculating normal value.5 The CIT
sustained the Department’s PET Film
Final Remand on July 22, 2014,6 and, as
a result, the Respondents’ dumping
margins changed.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2014–23793 Filed 10–3–14; 8:45 am]
Sfmt 4703
Timken Notice
In its decision in Timken, 893 F.2d at
341, as clarified by Diamond Sawblades,
the CAFC has held that, pursuant to
section 516A(e) of the Tariff Act of
1930, as amended (the ‘‘Act’’), the
Department must publish a notice of a
court decision that is not ‘‘in harmony’’
with a Department determination and
must suspend liquidation of entries
pending a ‘‘conclusive’’ court decision.
The CIT’s July 22, 2014, judgment
sustaining the PET Film Final Remand
constitutes a final decision of that court
that is not in harmony with the PET
Film Final Results. This notice is
published in fulfillment of the
publication requirements of Timken.
Amended Final Results
Because there is now a final court
decision with respect to the PET Film
Final Results, the revised dumping
margins are as follows:
Exporter
Tianjin Wanhua Co., Ltd. ............
Sichuan Dongfang Insulating
Material Co., Ltd. ....................
Fuwei Films (Shandong) Co.,
Ltd. ..........................................
Weightedaverage
margin
(percent)
19.49
14.25
19.35
3 See Dupont Teijin Films v. United States, 896
F. Supp. 2d 1302 (CIT 2013).
4 See Dupont Teijin Films v. United States, 931
F. Supp. 2d 1297 (CIT 2013) (‘‘Remand Opinion
and Order’’).
5 See PET Film Final Remand.
6 See Dupont Teijin Films v. United States, 997
F. Supp. 2d 1338 (CIT 2014).
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]]>Agencies
[Federal Register Volume 79, Number 193 (Monday, October 6, 2014)]
[Notices]
[Pages 60134-60136]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23793]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-848]
Freshwater Crawfish Tail Meat From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review
and New Shipper Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review and new shipper review of the antidumping duty
order on freshwater crawfish tail meat from the People's Republic of
China (PRC). The period of review (POR) for the administrative review
and new shipper review is September 1, 2012, through August 31, 2013.
The Department preliminarily determines that Hubei Nature Agriculture
Industry Co., Ltd. (Hubei Nature, the new shipper), and Xiping Opeck
Food Co., Ltd. (Xiping Opeck) have not made sales of subject
merchandise in the United States at prices below normal value.
DATES: Effective Date: October 6, 2014.
FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Hermes Pinilla, AD/CVD
Operations, Office 1, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3683, and (202) 482-3477, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the antidumping duty order is freshwater
crawfish tail meat, which is currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS) under item numbers
1605.40.10.10, 1605.40.10.90, 0306.19.00.10, and 0306.29.00.00. On
February 10, 2012, the Department added HTSUS classification number
0306.29.01.00 to the scope description pursuant to a request by U.S.
Customs and Border Protection (CBP). While the HTSUS numbers are
provided for convenience and customs purposes, the written description
is dispositive. A full description of the scope of the order is
contained in the Preliminary Decision Memorandum.\1\
---------------------------------------------------------------------------
\1\ See the memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Decision Memorandum for the Preliminary Results of the Antidumping
Duty Administrative Review and New Shipper Review: Freshwater
Crawfish Tail Meat from the People's Republic of China'' dated
concurrently with and hereby adopted by this notice (Preliminary
Decision Memorandum).
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[[Page 60135]]
Methodology
The Department conducted these reviews in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export Price
is calculated in accordance with section 772(c) of the Act. Because the
PRC is a non-market economy (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
conclusions, see 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 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 the electronic versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of Reviews
The Department determines that the following preliminary dumping
margins exist for the administrative review covering the period
September 1, 2012, through August 31, 2013:
------------------------------------------------------------------------
Weighted
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Xiping Opeck Food Co., Ltd.................................. 0.00
------------------------------------------------------------------------
As a result of the new shipper review, the Department preliminarily
determines that a dumping margin of 0.00 percent exists for merchandise
produced and exported by Hubei Nature Agriculture Industry Co., Ltd.
covering the period September 1, 2012, through August 31, 2013.
Disclosure and Public Comment
The Department will disclose calculations performed in these
preliminary results to the parties within five days after the date of
publication of this notice.\2\ Pursuant to 19 CFR 351.309(c),
interested parties may submit cases briefs no later than 30 days after
the date of publication of these preliminary results of review.\3\
Parties who submit arguments are requested to submit with the argument:
(1) A statement of the issue; (2) a brief summary of the argument; and
(3) a table of authorities. Rebuttals briefs, limited to issues raised
in case briefs, may be filed no later than five days after the time
limit for filing the case briefs, as specified by 19 CFR 351.309(d).
---------------------------------------------------------------------------
\2\ See 19 CFR 351.224(b).
\3\ See 19 CFR 351.309(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,
filed electronically using IA ACCESS. An electronically filed document
must be received successfully in its entirety by the Department's IA
ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice.\4\ Hearing requests should contain (1) the
party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Oral
presentations will be limited to issues raised in the briefs. If a
request for a hearing is made, we will inform parties of the scheduled
date for the hearing which will be held at the U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington DC 20230,
at a time and location to be determined.\5\ Parties should confirm by
telephone or email the date, time, and location of the hearing.
---------------------------------------------------------------------------
\4\ See 19 CFR 351.310(c).
\5\ Id.
---------------------------------------------------------------------------
Unless the deadline is extended pursuant to section
751(a)(2)(B)(iv) of the Act, the Department will issue the final
results of these reviews, including the results of its analysis of
issues raised by parties in their comments, 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).
Assessment Rates
Upon issuing the final results, the Department will determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by these reviews.\6\ If a respondent's weighted average dumping margin
is above de minimis (i.e., 0.50 percent) in the final results of these
reviews, the Department will calculate an importer-specific assessment
rate on the basis of the ratio of the total amount of dumping
calculated for the importer's examined sales and, where possible, the
total entered value of sales, in accordance with 19 CFR 351.212(b)(1).
In these preliminary results, the Department applied the assessment
rate calculation method adopted in the Final Modification for Reviews,
i.e., on the basis of monthly average-to-average comparisons using only
the transactions associated with the importer with offsets being
provided for non-dumped comparisons.\7\ Where an importer- (or
customer-) specific ad valorem rate is zero or de minimis, we will
instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\8\
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\6\ See 19 CFR 351.212(b)(1).
\7\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification for Reviews).
\8\ See 19 CFR 351.106(c)(2).
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Pursuant to a refinement in the Department's assessment practice in
NME cases,\9\ 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. We intend to issue assessment instructions to CBP 15
days after the date of publication of the final results of these
reviews.
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\9\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of these reviews 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
section 751(a)(2)(C) of the Act: (1) For the companies listed above
that have a separate rate, with the exception of Hubei Nature (see
below), the cash deposit rate will be that established in the final
results of these reviews (except if the rate is zero or de minimis,
i.e., less than 0.5 percent, then no cash deposit will be required);
(2) for previously investigated or reviewed PRC and non-PRC exporters
not listed above that received a separate rate in a prior segment of
this proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate; (3) for all PRC exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate
[[Page 60136]]
will be that for the PRC-wide entity; 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.
With respect to Hubei Nature, the new shipper respondent, the
Department established a combination cash deposit rate for this company
consistent with its practice as follows: (1) For subject merchandise
produced and exported by Hubei Nature, the cash deposit rate will be
the rate established for Hubei Nature in the final results of the NSR;
(2) for subject merchandise exported by Hubei Nature, but not produced
by Hubei Nature, the cash deposit rate will be the rate for the PRC-
wide entity; and (3) for subject merchandise produced by Hubei Nature
but not exported by Hubei Nature, the cash deposit rate will be the
rate applicable to the exporter.
These 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 these PORs. 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 the preliminary results of these
reviews in accordance with sections 751(a)(1), 751(a)(2)(B)(iv),
751(a)(3), 777(i) of the Act and 19 CFR 351.213(h), 351.214 and
351.221(b)(4).
Dated: September 29, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Bona Fides Analysis
5. Non-Market-Economy Country Status
6. Surrogate Country
7. Separate Rates
8. Absence of De Jure Control
9. Absence of De Facto Control
10. Fair Value Comparisons
11. U.S. Price
12. Normal Value
13. Surrogate Values
14. Currency Conversion
15. Recommendation
[FR Doc. 2014-23793 Filed 10-3-14; 8:45 am]
BILLING CODE 3510-DS-P
