53-Foot Domestic Dry Containers From the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value; Preliminary Negative Determination of Critical Circumstances; and Postponement of Final Determination and Extension of Provisional Measures, 70501-70504 [2014-28054]
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Federal Register / Vol. 79, No. 228 / Wednesday, November 26, 2014 / Notices
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Mountain Standard Time there will be
sequential meetings of FirstNet’s four
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2014, between 9:00 and 12:00 p.m.
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Records: FirstNet maintains records of
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Dated: November 20, 2014.
Stuart Kupinsky,
Chief Counsel, First Responder Network
Authority.
[FR Doc. 2014–28006 Filed 11–25–14; 8:45 am]
BILLING CODE 3510–IL–P
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DEPARTMENT OF COMMERCE
International Trade Administration
Utah State University, et al.; Notice of
Consolidated Decision on Applications
for Duty-Free Entry of Scientific
Instruments
This is a decision pursuant to Section
6(c) of the Educational, Scientific, and
Cultural Materials Importation Act of
1966 (Pub. L. 89–651, as amended by
Pub. L. 106–36; 80 Stat. 897; 15 CFR
part 301). Related records can be viewed
between 8:30 a.m. and 5:00 p.m. in
Room 3720, U.S. Department of
Commerce, 14th and Constitution Ave.
NW., Washington, DC
Comments: None received. Decision:
Approved. We know of no instruments
of equivalent scientific value to the
foreign instruments described below, for
such purposes as each is intended to be
used, that was being manufactured in
the United States at the time of its order.
Docket Number: 14–021. Applicant:
Utah State University, Logan, Utah
84322–2400. Instrument: Respirometer
for measuring the oxygen consumption
of aquatic animals.
Manufacturer: Loligo Systems,
Denmark. Intended Use: See notice at 79
FR 60137, October 6, 2014. Comments:
None received. Decision: Approved. We
know of no instruments of equivalent
scientific value to the foreign
instruments described below, for such
purposes as this is intended to be used,
that was being manufactured in the
United States at the time of order.
Reasons: The instrument will be used to
better understand how the ability of
aquatic organisms to obtain oxygen
under different environmental
conditions affects their growth,
survivorship, distribution, and
abundance. The phenomenon being
studied is the rate of oxygen
consumption by aquatic invertebrates,
using the instrument under different
temperatures and pollution
concentrations. Continuous
measurement of metabolic (oxygen
consumption) response to stress by
small aquatic organisms (<10mm in
length) requires a flow-through system
with oxygen probes and equipment that
can both be programmed to precisely
increase the temperature of a water bath
and automatically detect ug level
changes in oxygen concentrations,
without which the research could not be
conducted.
Docket Number: 14–023. Applicant:
Louisiana State University, Baton
Rouge, LA 70803. Instrument: Scanning
Probe Microscope (SPM)—scanning
tunneling microscopy.
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Manufacturer: SPECS Surface Nano
Analysis, Germany. Intended Use: See
notice at 79 FR 60137, October 6, 2014.
Comments: None received. Decision:
Approved. We know of no instruments
of equivalent scientific value to the
foreign instruments described below, for
such purposes as this is intended to be
used, that was being manufactured in
the United States at the time of order.
Reasons: The instrument will be used to
elucidate catalytic properties of metal
and metal-oxide systems, uncovering
new schemes by which organic
molecules become environmentally
hazardous upon chemisorption.
Scanning tunneling microscopy (STM)
will be used to probe the nanoscale
atomic structure, growth, and atomic/
molecular dynamics of a variety of
systems, including metal nanoclusters
on oxides and grasphene, metal oxide
surfaces and metal surfaces. All
experiments will be conducted in ultrahigh vacuum conditions, including in
addition the STM, other surface
sciences probes such as electron-energy
loss spectroscopy, x-ray and UV
photoemission spectroscopy. The
electronics and STM head must provide
60 frames per second scan rate with
pixel density of 128×128, the STM head
must be mounted on an 8 inch flange
with a vertical face, the instrument must
have the ability to sputter clean the tip
without removing it from the STM scan
head, the tunneling bias voltage must be
applied to the sample, and the preamp
must collect current from the tip.
Dated: November 17, 2014.
Gregory W. Campbell,
Director, Subsidies Enforcement Office,
Enforcement and Compliance.
[FR Doc. 2014–28056 Filed 11–25–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–014]
53-Foot Domestic Dry Containers From
the People’s Republic of China:
Preliminary Determination of Sales at
Less Than Fair Value; Preliminary
Negative Determination of Critical
Circumstances; and Postponement of
Final Determination and Extension of
Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) preliminarily
determines that 53-foot domestic dry
containers (‘‘domestic dry containers’’)
AGENCY:
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Federal Register / Vol. 79, No. 228 / Wednesday, November 26, 2014 / Notices
from the People’s Republic of China
(‘‘PRC’’) are being, or are likely to be,
sold in the United States at less than fair
value (‘‘LTFV’’), as provided in section
733(b) of the Tariff Act of 1930, as
amended (‘‘the Act’’). The period of
investigation (‘‘POI’’) is October 1, 2013,
through March 31, 2014. The estimated
weighted-average dumping margins of
sales at LTFV are shown in the
‘‘Preliminary Determination’’ section of
this notice. Interested parties are invited
to comment on this preliminary
determination.
DATES: Effective Date: November 26,
2014.
FOR FURTHER INFORMATION CONTACT:
Brian Davis or John Drury, 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) 482–7924 or (202) 482–
0195, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the notice
of initiation of this investigation on May
19, 2014.1 Pursuant to section
733(c)(1)(A) of the Act, on August 28,
2014, the Department postponed this
preliminary LTFV determination by a
period of 50 days.2
Scope of the Investigation
The merchandise subject to
investigation is closed (i.e., not open
top) van containers exceeding 14.63
meters (48 feet) but generally measuring
16.154 meters (53 feet) in exterior
length, which are designed for the
intermodal transport 3 of goods other
than bulk liquids within North America
primarily by rail or by road vehicle, or
by a combination of rail and road
vehicle (domestic containers). The
merchandise is known in the industry
by varying terms including ‘‘53-foot
containers,’’ ‘‘53-foot dry containers,’’
‘‘53-foot domestic dry containers,’’
‘‘domestic dry containers’’ and
‘‘domestic containers.’’ Imports of the
subject merchandise are provided for
under subheading 8609.00.0000 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Imports of the
subject merchandise which meet the
definition of and requirements for
‘‘instruments of international traffic’’
pursuant to 19 U.S.C. 1322 and 19 CFR
10.41a may be classified under
subheading 9803.00.50, HTSUS.
While HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
subject merchandise is dispositive. For
a complete description of the scope of
the investigation, see Appendix I to this
notice.
Various parties submitted comments
on the scope. For a discussion of these
comments, see the Memorandum from
Christian Marsh, Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations to Paul
Piquado, Assistant Secretary for
Enforcement and Compliance,
‘‘Antidumping Duty Investigation of 53Foot Domestic Dry Containers from the
People’s Republic of China: Decision
Memorandum for the Preliminary
Determination,’’ dated concurrently
with, and hereby adopted by, this notice
(‘‘Preliminary Decision
Memorandum’’).4 The Preliminary
Decision Memorandum is a public
document and is made available to the
public via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘ACCESS’’).
ACCESS is available to registered users
at https://access.trade.gov, and is
available to all parties in the
Department’s Central Records Unit,
located in 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
version of the Preliminary Decision
Memorandum are identical in content.
Methodology
The Department conducted this
investigation in accordance with section
731 of the Act. We calculated export
prices in accordance with section 772 of
the Act. Because the PRC is a nonmarket economy within the meaning of
section 771(18) of the Act, we calculated
normal value (‘‘NV’’) in accordance with
section 773(c) of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
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. Policy
Bulletin 05.1 describes this practice.5
Preliminary Determination
The Department preliminarily
determines that the following weightedaverage dumping margins exist for the
exporter-producer combinations listed
below during the period October 1,
2013, through March 31, 2014:
Weighted-average
dumping margin
(percent)
Exporter
Producer
Hui Zhou Pacific Container Co., Ltd./Qingdao Pacific Container Co., Ltd./Qidong Singamas Energy Equipment Co.,
Ltd./Singamas Management Services Limited.
Hui Zhou Pacific Container Co., Ltd./Qingdao Pacific Container Co., Ltd./Qidong Singamas Energy Equipment Co.,
Ltd.
PRC-Wide Entity
153.24
24.27
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As detailed in the Preliminary Decision Memorandum, China International Marine Containers (Group) Co., Ltd., China International Marine
Containers (HK) Ltd., Xinhui CIMC Special Transportation Equipment Co., Ltd., Nantong CIMC-Special Transportation Equipment Manufacture
Co., Ltd., and Qingdao CIMC Container Manufacture Co., Ltd. (collectively, ‘‘CIMC’’), a mandatory respondent in this investigation, did not demonstrate that it is entitled to a separate rate and we consider CIMC to be the PRC-Wide Entity.
1 See 53-Foot Domestic Dry Containers From the
People’s Republic of China: Initiation of
Antidumping Duty Investigation, 79 FR 28674 (May
19, 2014) (‘‘Initiation Notice’’).
2 See 53-Foot Domestic Dry Containers From the
People’s Republic of China: Postponement of
Preliminary Determination of Antidumping Duty
Investigation, 79 FR 51305 (August 28, 2014).
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3 ‘‘Intermodal transport’’ refers to a movement of
freight using more than one mode of transportation,
most commonly on a container chassis for on-theroad transportation and on a rail car for rail
transportation.
4 For a list of topics discussed in the Preliminary
Decision Memorandum, see Appendix II to this
notice.
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5 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ (April 5, 2005) (‘‘Policy
Bulletin 05.1’’), available on the Department’s Web
site at https://enforcement.trade.gov/policy/bull051.pdf.
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Preliminary Negative Determination of
Critical Circumstances
On October 30, 2014, Stoughton
Trailers LLC (‘‘Petitioner’’), filed a
timely critical circumstances allegation,
pursuant to section 733(e)(1) of the Act
and 19 CFR 351.206(c)(1), alleging that
critical circumstances exist with respect
to imports of domestic dry containers
from the PRC.6 We preliminarily
determine that Petitioner’s critical
circumstances allegation is deficient
because it does not contain information
regarding how ‘‘the importer knew or
should have known that the exporter
was selling the merchandise at less than
fair value and that there was likely to be
material injury by reason of such
sales.’’ 7 Therefore, we preliminarily
determine that critical circumstances do
not exist for Singamas and the PRCwide entity. A discussion of our
determination can be found in the
Preliminary Decision Memorandum at
the section, ‘‘Critical Circumstances.’’
Disclosure and Public Comment
The Department intends to disclose
calculations performed for this
preliminary determination to parties in
this proceeding within five days of the
date of publication of this notice in
accordance with 19 CFR 351.224(b).
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance, through Enforcement and
Compliance’s electronic records system,
ACCESS, no later than seven days after
the date on which the final verification
report is issued in this proceeding.8
Rebuttal briefs, limited to issues raised
in case briefs, may be submitted through
ACCESS no later than five days after the
deadline for case briefs.9 Pursuant to 19
CFR 351.309(c)(2) and (d)(2), parties
who submit case briefs or rebuttal briefs
in this proceeding are encouraged to
submit with each argument: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, or to participate in a hearing if
one is requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, filed
electronically through ACCESS.
Electronically filed case briefs/written
6 See Letter from Petitioner to the Secretary of
Commerce, ‘‘53-Foot Domestic Dry Containers from
the People’s Republic of China,’’ dated October 30,
2014.
7 See section 733(e)(1)(A)(ii) of the Act.
8 See 19 CFR 351.309(c).
9 See 19 CFR 351.309(d).
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comments and hearing requests must be
received successfully in their entirety by
the Department’s electronic records
system, ACCESS, by 5:00 p.m. Eastern
Standard Time. Hearing requests must
be received by the Department within
30 days after the date of publication of
this notice 10 and should contain the
party’s name, address, and telephone
number, the number of participants, and
a list of the issues to be presented at the
hearing. If a request for a hearing is
made, the Department intends to hold
the hearing at the U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230, at
a time and location to be determined.
Parties should confirm by telephone the
date, time, and location of the hearing
two days before the scheduled date.
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, the Department will instruct
U.S. Customs and Border Protection
(‘‘CBP’’) to suspend liquidation of all
entries of domestic dry containers from
the PRC, as described in the ‘‘Scope of
the Investigation’’ section above,
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of this notice in the Federal
Register.
Pursuant to 19 CFR 351.205(d), the
Department will instruct CBP to require
a cash deposit 11 equal to the weightedaverage amount by which NV exceeds
U.S. price, adjusted where appropriate
for export subsidies 12 and estimated
domestic subsidy pass-through,13 as
follows: (1) The cash deposit rate for the
exporter/producer combination listed in
the table above will be the rate
identified for that combination in the
table; (2) for all combinations of PRC
exporters/producers of merchandise
under consideration that have not
received their own separate rate above,
the cash-deposit rate will be the cash
deposit rate established for the PRCwide entity, 24.27 percent; and (3) for
10 See
19 CFR 351.310(c).
Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
12 See section 772(c)(1)(C) of the Act. Unlike in
administrative reviews, the Department calculates
the adjustment for export subsidies in
investigations not in the margin calculation, but in
the cash deposit instructions issued to CBP. See
Notice of Final Determination of Sales at Less Than
Fair Value, and Negative Determination of Critical
Circumstances: Certain Lined Paper Products from
India, 71 FR 45012 (August 8, 2006), and
accompanying Issues and Decision Memorandum at
Comment 1.
13 For further discussion, see the Preliminary
Decision Memorandum at the section, ‘‘Section
777A(f) of the Act.’’
11 See
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70503
all non-PRC exporters of the
merchandise under consideration which
have not received their own separate
rate above, the cash-deposit rate will be
the cash deposit rate applicable to the
PRC exporter/producer combination
that supplied that non-PRC exporter.
These suspension of liquidation and
cash deposit instructions will remain in
effect until further notice.
Furthermore, as stated above and
consistent with our practice, we will
instruct CBP to require a cash deposit
equal to the amount by which NV
exceeds the export price or constructed
export price, less the amount of the
countervailing duty (‘‘CVD’’) rate
determined to constitute an export
subsidy. In this LTFV investigation,
with regard to the PRC-wide entity rate
(which is based on CIMC’s data),14
export subsidies constitute 4.75
percent 15 of CIMC’s preliminarily
calculated CVD rate in the companion
CVD investigation. Therefore, we will
offset the PRC-wide rate of 24.27
percent by the CVD rate attributable to
export subsidies (i.e., 4.75 percent) to
calculate the preliminary PRC-wide
entity cash deposit rate for this LTFV
investigation.
We are adjusting the preliminary cash
deposit rate for estimated domestic
subsidy pass-through for Singamas (i.e.,
6.39 percent). However, we are not
adjusting the PRC-wide entity rate for
estimated domestic subsidy passthrough because we have no basis upon
which to make such an adjustment.16
Postponement of Final Determination
and Extension of Provisional Measures
Pursuant to requests from the
mandatory respondents Singamas 17 and
14 For further discussion, see the Preliminary
Decision Memorandum at the section, ‘‘The PRCwide Entity.’’
15 The following subsidy program in the
preliminary determination of the companion CVD
investigation is an export subsidy: Export Seller’s
Credits from China Ex-Im Bank (4.75 percent for
CIMC). See Countervailing Duty Investigation of 53Foot Domestic Dry Containers From the People’s
Republic of China: Preliminary Determination and
Alignment of Final Determination With Final
Antidumping Duty Determination, 79 FR 58320
(September 29, 2014) and accompanying
Preliminary Decision Memorandum at 21–22.
16 See Preliminary Decision Memorandum at the
section, ‘‘Section 777A(f) of the Act.’’
17 See Letter from Singamas to the Secretary of
Commerce regarding ‘‘53-Foot Domestic Dry
Containers from the People’s Republic of China;
Request to Extend Final Determination,’’ dated
November 14, 2014.
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CIMC 18 and Petitioner,19 we are
postponing the final determination.
Further, Singamas and CIMC requested
to extend the application of the
provisional measures prescribed under
section 733(d) of the Act and 19 CFR
351.210(e)(2), from a four-month period
to a six-month period. The suspension
of liquidation described above will be
extended accordingly.20 Accordingly,
we intend to make our final
determination no later than 135 days
after the date of publication of this
preliminary determination, pursuant to
section 735(a)(2) of the Act.21
International Trade Commission
(‘‘ITC’’) Notification
In accordance with section 733(f) of
the Act, we notified the ITC of our
preliminary affirmative determination of
sales at LTFV. Because the preliminary
determination in this investigation is
affirmative, section 735(b)(2) of the Act
requires the ITC to make its final
determination as to whether the
domestic industry in the United States
is materially injured, threatened with
material injury, or is materially
retarded, by reason of imports of
domestic dry containers from the PRC,
or sales (or the likelihood of sales) for
importation, of the merchandise under
consideration before the later of 120
days after the date of this preliminary
determination or 45 days after our final
determination. Because we are
postponing the deadline for our final
determination to 135 days from the date
of publication of this preliminary
determination the ITC will make its
final determination no later than 45
days after our final determination.
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: November 19, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—Scope of the Investigation
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The merchandise subject to investigation is
closed (i.e., not open top) van containers
exceeding 14.63 meters (48 feet) but generally
measuring 16.154 meters (53 feet) in exterior
length, which are designed for the intermodal
18 See Letter from CIMC to the Secretary of
Commerce regarding ‘‘Antidumping Duty
Investigation of 53-Foot Domestic Dry Containers
from the People’s Republic of China: Extension of
Final Determination’’ dated November 17, 2014.
19 See Letter from Petitioner to the Secretary of
Commerce regarding ‘‘53-Foot Domestic Dry
Containers from the People’s Republic of China,’’
dated November 14, 2014.
20 Id.
21 See also 19 CFR 351.210(b)(2) and (e).
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transport 22 of goods other than bulk liquids
within North America primarily by rail or by
road vehicle, or by a combination of rail and
road vehicle (domestic containers). The
merchandise is known in the industry by
varying terms including ‘‘53-foot containers,’’
‘‘53-foot dry containers,’’ ‘‘53-foot domestic
dry containers,’’ ‘‘domestic dry containers’’
and ‘‘domestic containers.’’ These terms all
describe the same article with the same
design and performance characteristics.
Notwithstanding the particular terminology
used to describe the merchandise, all
merchandise that meets the definition set
forth herein is included within the scope of
this investigation.
Domestic containers generally meet the
characteristic for closed van containers for
domestic intermodal service as described in
the American Association of Railroads (AAR)
Manual of Standards and Recommended
Practices Intermodal Equipment Manual
Closed Van Containers for Domestic
Intermodal Service Specification M 930
Adopted: 1972; Last Revised 2013 (AAR
Specifications) for 53-foot and 53-foot high
cube containers. The AAR Specifications
generally define design, performance and
testing requirements for closed van
containers, but are not dispositive for
purposes of defining subject merchandise
within this scope definition. Containers
which may not fall precisely within the AAR
Specifications or any successor equivalent
specifications are included within the scope
definition of the subject merchandise if they
have the exterior dimensions referenced
below, are suitable for use in intermodal
transportation, are capable of and suitable for
double-stacking 23 in intermodal
transportation, and otherwise meet the scope
definition for the subject merchandise.
Domestic containers have the following
actual exterior dimensions: An exterior
length exceeding 14.63 meters (48 feet) but
not exceeding 16.154 meters (53 feet); an
exterior width of between 2.438 meters and
2.60 meters (between 8 feet and 8 feet 63⁄8
inches); and an exterior height of between
2.438 meters and 2.908 meters (between 8
feet and 9 feet 61⁄2 inches), all subject to
tolerances as allowed by the AAR
Specifications. In addition to two frames (one
at either end of the container), the domestic
containers within the scope definition have
two stacking frames located equidistant from
each end of the container, as required by the
AAR Specifications. The stacking frames
have four upper handling fittings and four
bottom dual aperture handling fittings,
placed at the respective corners of the
stacking frames. Domestic containers also
have two forward facing fittings at the front
lower corners and two downward facing
fittings at the rear lower corners of the
container to facilitate chassis interface.
All domestic containers as described
herein are included within this scope
22 ‘‘Intermodal transport’’ refers to a movement of
freight using more than one mode of transportation,
most commonly on a container chassis for on-theroad transportation and on a rail car for rail
transportation.
23 ‘‘Double-stacking’’ refers to two levels of
intermodal containers on a rail car, one on top of
the other.
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definition, regardless of whether the
merchandise enters the United States in a
final, assembled condition, or as an
unassembled kit or substantially complete
domestic container which requires additional
manipulation or processing after entry into
the United States to be made ready for use
as a domestic container.
The scope of this investigation excludes
the following items: (1) Refrigerated
containers; (2) trailers, where the cargo box
and rear wheeled chassis are of integrated
construction, and the cargo box of the unit
may not be separated from the chassis for
further intermodal transport; (3) container
chassis, whether or not imported with
domestic containers, but the domestic
containers remain subject merchandise, to
the extent they meet the written description
of the scope.
Imports of the subject merchandise are
provided for under subheading 8609.00.0000
of the Harmonized Tariff Schedule of the
United States (HTSUS). Imports of the
subject merchandise which meet the
definition of and requirements for
‘‘instruments of international traffic’’
pursuant to 19 U.S.C. 1322 and 19 CFR
10.41a may be classified under subheading
9803.00.50, HTSUS. While HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the subject merchandise as set
forth herein is dispositive.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
SUMMARY
BACKGROUND
PERIOD OF INVESTIGATION
POSTPONEMENT OF PRELIMINARY
DETERMINATION
SCOPE OF THE INVESTIGATION
SCOPE COMMENTS
DISCUSSION OF THE METHODOLOGY
Non-market Economy Country
Surrogate Country
Surrogate Value Comments
Combination Rates
The PRC-wide Entity
Single Entity Treatment
Date of Sale
Fair Value Comparisons
Export Price
Value-Added Tax
Normal Value
Factor Valuation Methodology
Comparisons to Normal Value
Currency Conversion
ALLEGATION OF CRITICAL
CIRCUMSTANCES
VERIFICATION
SECTION 777A(F) OF THE ACT
ITC NOTIFICATION
CONCLUSION
[FR Doc. 2014–28054 Filed 11–25–14; 8:45 am]
BILLING CODE 3510–DS–P
E:\FR\FM\26NON1.SGM
26NON1
]]>Agencies
[Federal Register Volume 79, Number 228 (Wednesday, November 26, 2014)]
[Notices]
[Pages 70501-70504]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28054]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-014]
53-Foot Domestic Dry Containers From the People's Republic of
China: Preliminary Determination of Sales at Less Than Fair Value;
Preliminary Negative Determination of Critical Circumstances; and
Postponement of Final Determination and Extension of Provisional
Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') preliminarily
determines that 53-foot domestic dry containers (``domestic dry
containers'')
[[Page 70502]]
from the People's Republic of China (``PRC'') are being, or are likely
to be, sold in the United States at less than fair value (``LTFV''), as
provided in section 733(b) of the Tariff Act of 1930, as amended (``the
Act''). The period of investigation (``POI'') is October 1, 2013,
through March 31, 2014. The estimated weighted-average dumping margins
of sales at LTFV are shown in the ``Preliminary Determination'' section
of this notice. Interested parties are invited to comment on this
preliminary determination.
DATES: Effective Date: November 26, 2014.
FOR FURTHER INFORMATION CONTACT: Brian Davis or John Drury, 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-
7924 or (202) 482-0195, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the notice of initiation of this
investigation on May 19, 2014.\1\ Pursuant to section 733(c)(1)(A) of
the Act, on August 28, 2014, the Department postponed this preliminary
LTFV determination by a period of 50 days.\2\
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\1\ See 53-Foot Domestic Dry Containers From the People's
Republic of China: Initiation of Antidumping Duty Investigation, 79
FR 28674 (May 19, 2014) (``Initiation Notice'').
\2\ See 53-Foot Domestic Dry Containers From the People's
Republic of China: Postponement of Preliminary Determination of
Antidumping Duty Investigation, 79 FR 51305 (August 28, 2014).
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Scope of the Investigation
The merchandise subject to investigation is closed (i.e., not open
top) van containers exceeding 14.63 meters (48 feet) but generally
measuring 16.154 meters (53 feet) in exterior length, which are
designed for the intermodal transport \3\ of goods other than bulk
liquids within North America primarily by rail or by road vehicle, or
by a combination of rail and road vehicle (domestic containers). The
merchandise is known in the industry by varying terms including ``53-
foot containers,'' ``53-foot dry containers,'' ``53-foot domestic dry
containers,'' ``domestic dry containers'' and ``domestic containers.''
Imports of the subject merchandise are provided for under subheading
8609.00.0000 of the Harmonized Tariff Schedule of the United States
(HTSUS). Imports of the subject merchandise which meet the definition
of and requirements for ``instruments of international traffic''
pursuant to 19 U.S.C. 1322 and 19 CFR 10.41a may be classified under
subheading 9803.00.50, HTSUS.
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\3\ ``Intermodal transport'' refers to a movement of freight
using more than one mode of transportation, most commonly on a
container chassis for on-the-road transportation and on a rail car
for rail transportation.
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While HTSUS subheadings are provided for convenience and customs
purposes, the written description of the subject merchandise is
dispositive. For a complete description of the scope of the
investigation, see Appendix I to this notice.
Various parties submitted comments on the scope. For a discussion
of these comments, see the Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty Operations
to Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Antidumping Duty Investigation of 53-Foot Domestic Dry Containers
from the People's Republic of China: Decision Memorandum for the
Preliminary Determination,'' dated concurrently with, and hereby
adopted by, this notice (``Preliminary Decision Memorandum'').\4\ The
Preliminary Decision Memorandum is a public document and is made
available to the public via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System
(``ACCESS''). ACCESS is available to registered users at https://access.trade.gov, and is available to all parties in the Department's
Central Records Unit, located in 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 version of the Preliminary Decision Memorandum are
identical in content.
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\4\ For a list of topics discussed in the Preliminary Decision
Memorandum, see Appendix II to this notice.
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Methodology
The Department conducted this investigation in accordance with
section 731 of the Act. We calculated export prices in accordance with
section 772 of the Act. Because the PRC is a non-market economy within
the meaning of section 771(18) of the Act, we calculated normal value
(``NV'') in accordance with section 773(c) of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum.
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. Policy Bulletin 05.1 describes
this practice.\5\
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\5\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (``Policy Bulletin 05.1''), available
on the Department's Web site at https://enforcement.trade.gov/policy/bull05-1.pdf.
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Preliminary Determination
The Department preliminarily determines that the following
weighted-average dumping margins exist for the exporter-producer
combinations listed below during the period October 1, 2013, through
March 31, 2014:
------------------------------------------------------------------------
Weighted-average
Exporter Producer dumping margin
(percent)
------------------------------------------------------------------------
Hui Zhou Pacific Container Hui Zhou Pacific 153.24
Co., Ltd./Qingdao Pacific Container Co., Ltd./
Container Co., Ltd./Qidong Qingdao Pacific
Singamas Energy Equipment Container Co., Ltd./
Co., Ltd./Singamas Qidong Singamas
Management Services Limited. Energy Equipment
Co., Ltd.
------------------------------------------------------------------------
PRC-Wide Entity 24.27
------------------------------------------------------------------------
As detailed in the Preliminary Decision Memorandum, China International
Marine Containers (Group) Co., Ltd., China International Marine
Containers (HK) Ltd., Xinhui CIMC Special Transportation Equipment
Co., Ltd., Nantong CIMC-Special Transportation Equipment Manufacture
Co., Ltd., and Qingdao CIMC Container Manufacture Co., Ltd.
(collectively, ``CIMC''), a mandatory respondent in this
investigation, did not demonstrate that it is entitled to a separate
rate and we consider CIMC to be the PRC-Wide Entity.
[[Page 70503]]
Preliminary Negative Determination of Critical Circumstances
On October 30, 2014, Stoughton Trailers LLC (``Petitioner''), filed
a timely critical circumstances allegation, pursuant to section
733(e)(1) of the Act and 19 CFR 351.206(c)(1), alleging that critical
circumstances exist with respect to imports of domestic dry containers
from the PRC.\6\ We preliminarily determine that Petitioner's critical
circumstances allegation is deficient because it does not contain
information regarding how ``the importer knew or should have known that
the exporter was selling the merchandise at less than fair value and
that there was likely to be material injury by reason of such sales.''
\7\ Therefore, we preliminarily determine that critical circumstances
do not exist for Singamas and the PRC-wide entity. A discussion of our
determination can be found in the Preliminary Decision Memorandum at
the section, ``Critical Circumstances.''
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\6\ See Letter from Petitioner to the Secretary of Commerce,
``53-Foot Domestic Dry Containers from the People's Republic of
China,'' dated October 30, 2014.
\7\ See section 733(e)(1)(A)(ii) of the Act.
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Disclosure and Public Comment
The Department intends to disclose calculations performed for this
preliminary determination to parties in this proceeding within five
days of the date of publication of this notice in accordance with 19
CFR 351.224(b). Case briefs or other written comments may be submitted
to the Assistant Secretary for Enforcement and Compliance, through
Enforcement and Compliance's electronic records system, ACCESS, no
later than seven days after the date on which the final verification
report is issued in this proceeding.\8\ Rebuttal briefs, limited to
issues raised in case briefs, may be submitted through ACCESS no later
than five days after the deadline for case briefs.\9\ Pursuant to 19
CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or
rebuttal briefs in this proceeding are encouraged to submit with each
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
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\8\ See 19 CFR 351.309(c).
\9\ See 19 CFR 351.309(d).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate in a hearing if one is requested,
must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, filed
electronically through ACCESS. Electronically filed case briefs/written
comments and hearing requests must be received successfully in their
entirety by the Department's electronic records system, ACCESS, by 5:00
p.m. Eastern Standard Time. Hearing requests must be received by the
Department within 30 days after the date of publication of this notice
\10\ and should contain the party's name, address, and telephone
number, the number of participants, and a list of the issues to be
presented at the hearing. If a request for a hearing is made, the
Department intends to hold the hearing at the U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230, at a time and location to be determined. Parties should confirm
by telephone the date, time, and location of the hearing two days
before the scheduled date.
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\10\ See 19 CFR 351.310(c).
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Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, the Department
will instruct U.S. Customs and Border Protection (``CBP'') to suspend
liquidation of all entries of domestic dry containers from the PRC, as
described in the ``Scope of the Investigation'' section above, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register.
Pursuant to 19 CFR 351.205(d), the Department will instruct CBP to
require a cash deposit \11\ equal to the weighted-average amount by
which NV exceeds U.S. price, adjusted where appropriate for export
subsidies \12\ and estimated domestic subsidy pass-through,\13\ as
follows: (1) The cash deposit rate for the exporter/producer
combination listed in the table above will be the rate identified for
that combination in the table; (2) for all combinations of PRC
exporters/producers of merchandise under consideration that have not
received their own separate rate above, the cash-deposit rate will be
the cash deposit rate established for the PRC-wide entity, 24.27
percent; and (3) for all non-PRC exporters of the merchandise under
consideration which have not received their own separate rate above,
the cash-deposit rate will be the cash deposit rate applicable to the
PRC exporter/producer combination that supplied that non-PRC exporter.
These suspension of liquidation and cash deposit instructions will
remain in effect until further notice.
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\11\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
\12\ See section 772(c)(1)(C) of the Act. Unlike in
administrative reviews, the Department calculates the adjustment for
export subsidies in investigations not in the margin calculation,
but in the cash deposit instructions issued to CBP. See Notice of
Final Determination of Sales at Less Than Fair Value, and Negative
Determination of Critical Circumstances: Certain Lined Paper
Products from India, 71 FR 45012 (August 8, 2006), and accompanying
Issues and Decision Memorandum at Comment 1.
\13\ For further discussion, see the Preliminary Decision
Memorandum at the section, ``Section 777A(f) of the Act.''
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Furthermore, as stated above and consistent with our practice, we
will instruct CBP to require a cash deposit equal to the amount by
which NV exceeds the export price or constructed export price, less the
amount of the countervailing duty (``CVD'') rate determined to
constitute an export subsidy. In this LTFV investigation, with regard
to the PRC-wide entity rate (which is based on CIMC's data),\14\ export
subsidies constitute 4.75 percent \15\ of CIMC's preliminarily
calculated CVD rate in the companion CVD investigation. Therefore, we
will offset the PRC-wide rate of 24.27 percent by the CVD rate
attributable to export subsidies (i.e., 4.75 percent) to calculate the
preliminary PRC-wide entity cash deposit rate for this LTFV
investigation.
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\14\ For further discussion, see the Preliminary Decision
Memorandum at the section, ``The PRC-wide Entity.''
\15\ The following subsidy program in the preliminary
determination of the companion CVD investigation is an export
subsidy: Export Seller's Credits from China Ex-Im Bank (4.75 percent
for CIMC). See Countervailing Duty Investigation of 53-Foot Domestic
Dry Containers From the People's Republic of China: Preliminary
Determination and Alignment of Final Determination With Final
Antidumping Duty Determination, 79 FR 58320 (September 29, 2014) and
accompanying Preliminary Decision Memorandum at 21-22.
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We are adjusting the preliminary cash deposit rate for estimated
domestic subsidy pass-through for Singamas (i.e., 6.39 percent).
However, we are not adjusting the PRC-wide entity rate for estimated
domestic subsidy pass-through because we have no basis upon which to
make such an adjustment.\16\
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\16\ See Preliminary Decision Memorandum at the section,
``Section 777A(f) of the Act.''
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Postponement of Final Determination and Extension of Provisional
Measures
Pursuant to requests from the mandatory respondents Singamas \17\
and
[[Page 70504]]
CIMC \18\ and Petitioner,\19\ we are postponing the final
determination. Further, Singamas and CIMC requested to extend the
application of the provisional measures prescribed under section 733(d)
of the Act and 19 CFR 351.210(e)(2), from a four-month period to a six-
month period. The suspension of liquidation described above will be
extended accordingly.\20\ Accordingly, we intend to make our final
determination no later than 135 days after the date of publication of
this preliminary determination, pursuant to section 735(a)(2) of the
Act.\21\
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\17\ See Letter from Singamas to the Secretary of Commerce
regarding ``53-Foot Domestic Dry Containers from the People's
Republic of China; Request to Extend Final Determination,'' dated
November 14, 2014.
\18\ See Letter from CIMC to the Secretary of Commerce regarding
``Antidumping Duty Investigation of 53-Foot Domestic Dry Containers
from the People's Republic of China: Extension of Final
Determination'' dated November 17, 2014.
\19\ See Letter from Petitioner to the Secretary of Commerce
regarding ``53-Foot Domestic Dry Containers from the People's
Republic of China,'' dated November 14, 2014.
\20\ Id.
\21\ See also 19 CFR 351.210(b)(2) and (e).
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International Trade Commission (``ITC'') Notification
In accordance with section 733(f) of the Act, we notified the ITC
of our preliminary affirmative determination of sales at LTFV. Because
the preliminary determination in this investigation is affirmative,
section 735(b)(2) of the Act requires the ITC to make its final
determination as to whether the domestic industry in the United States
is materially injured, threatened with material injury, or is
materially retarded, by reason of imports of domestic dry containers
from the PRC, or sales (or the likelihood of sales) for importation, of
the merchandise under consideration before the later of 120 days after
the date of this preliminary determination or 45 days after our final
determination. Because we are postponing the deadline for our final
determination to 135 days from the date of publication of this
preliminary determination the ITC will make its final determination no
later than 45 days after our final determination.
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: November 19, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The merchandise subject to investigation is closed (i.e., not
open top) van containers exceeding 14.63 meters (48 feet) but
generally measuring 16.154 meters (53 feet) in exterior length,
which are designed for the intermodal transport \22\ of goods other
than bulk liquids within North America primarily by rail or by road
vehicle, or by a combination of rail and road vehicle (domestic
containers). The merchandise is known in the industry by varying
terms including ``53-foot containers,'' ``53-foot dry containers,''
``53-foot domestic dry containers,'' ``domestic dry containers'' and
``domestic containers.'' These terms all describe the same article
with the same design and performance characteristics.
Notwithstanding the particular terminology used to describe the
merchandise, all merchandise that meets the definition set forth
herein is included within the scope of this investigation.
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\22\ ``Intermodal transport'' refers to a movement of freight
using more than one mode of transportation, most commonly on a
container chassis for on-the-road transportation and on a rail car
for rail transportation.
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Domestic containers generally meet the characteristic for closed
van containers for domestic intermodal service as described in the
American Association of Railroads (AAR) Manual of Standards and
Recommended Practices Intermodal Equipment Manual Closed Van
Containers for Domestic Intermodal Service Specification M 930
Adopted: 1972; Last Revised 2013 (AAR Specifications) for 53-foot
and 53-foot high cube containers. The AAR Specifications generally
define design, performance and testing requirements for closed van
containers, but are not dispositive for purposes of defining subject
merchandise within this scope definition. Containers which may not
fall precisely within the AAR Specifications or any successor
equivalent specifications are included within the scope definition
of the subject merchandise if they have the exterior dimensions
referenced below, are suitable for use in intermodal transportation,
are capable of and suitable for double-stacking \23\ in intermodal
transportation, and otherwise meet the scope definition for the
subject merchandise.
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\23\ ``Double-stacking'' refers to two levels of intermodal
containers on a rail car, one on top of the other.
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Domestic containers have the following actual exterior
dimensions: An exterior length exceeding 14.63 meters (48 feet) but
not exceeding 16.154 meters (53 feet); an exterior width of between
2.438 meters and 2.60 meters (between 8 feet and 8 feet 6\3/8\
inches); and an exterior height of between 2.438 meters and 2.908
meters (between 8 feet and 9 feet 6\1/2\ inches), all subject to
tolerances as allowed by the AAR Specifications. In addition to two
frames (one at either end of the container), the domestic containers
within the scope definition have two stacking frames located
equidistant from each end of the container, as required by the AAR
Specifications. The stacking frames have four upper handling
fittings and four bottom dual aperture handling fittings, placed at
the respective corners of the stacking frames. Domestic containers
also have two forward facing fittings at the front lower corners and
two downward facing fittings at the rear lower corners of the
container to facilitate chassis interface.
All domestic containers as described herein are included within
this scope definition, regardless of whether the merchandise enters
the United States in a final, assembled condition, or as an
unassembled kit or substantially complete domestic container which
requires additional manipulation or processing after entry into the
United States to be made ready for use as a domestic container.
The scope of this investigation excludes the following items:
(1) Refrigerated containers; (2) trailers, where the cargo box and
rear wheeled chassis are of integrated construction, and the cargo
box of the unit may not be separated from the chassis for further
intermodal transport; (3) container chassis, whether or not imported
with domestic containers, but the domestic containers remain subject
merchandise, to the extent they meet the written description of the
scope.
Imports of the subject merchandise are provided for under
subheading 8609.00.0000 of the Harmonized Tariff Schedule of the
United States (HTSUS). Imports of the subject merchandise which meet
the definition of and requirements for ``instruments of
international traffic'' pursuant to 19 U.S.C. 1322 and 19 CFR 10.41a
may be classified under subheading 9803.00.50, HTSUS. While HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the subject merchandise as set forth herein
is dispositive.
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
SUMMARY
BACKGROUND
PERIOD OF INVESTIGATION
POSTPONEMENT OF PRELIMINARY DETERMINATION
SCOPE OF THE INVESTIGATION
SCOPE COMMENTS
DISCUSSION OF THE METHODOLOGY
Non-market Economy Country
Surrogate Country
Surrogate Value Comments
Combination Rates
The PRC-wide Entity
Single Entity Treatment
Date of Sale
Fair Value Comparisons
Export Price
Value-Added Tax
Normal Value
Factor Valuation Methodology
Comparisons to Normal Value
Currency Conversion
ALLEGATION OF CRITICAL CIRCUMSTANCES
VERIFICATION
SECTION 777A(F) OF THE ACT
ITC NOTIFICATION
CONCLUSION
[FR Doc. 2014-28054 Filed 11-25-14; 8:45 am]
BILLING CODE 3510-DS-P
