Polyethylene Terephthalate Film, Sheet, and Strip From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments and Partial Rescission of Review; 2012-2013, 72166-72168 [2014-28579]
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72166
Federal Register / Vol. 79, No. 234 / Friday, December 5, 2014 / Notices
Background
On October 31, 2011, the Department
issued AR3 Final Results.6 Cherishmet
and Shanxi DMD, exporters of subject
merchandise, timely filed complaints
with the Court. Albemarle Corporation
(‘‘Albemarle’’), a U.S. importer of
subject merchandise, and Ningxia
Huahui Activated Carbon Co., Ltd.
(‘‘Huahui’’), an exporter of subject
merchandise, also timely filed a
complaint with the Court. Together,
these parties challenged four aspects of
the Department’s final results: (1) The
surrogate value for Calgon Tianjin’s
carbonized material; (2) the surrogate
values for Calgon Tianjin’s coal and fine
by-products; (3) the dumping margins
assigned to Huahui, Shanxi DMD,
Ningxia Guanghua, and Beijing Pacific,
which were not selected for individual
examination in the review; and (4) the
use of a per-unit assessment rate for
Shanxi DMD’s entries. On August 15,
2013, the Court remanded the
Department’s AR3 Final Results and
instructed the Department to reconsider
each of these issues.7
On January 9, 2014, the Department
filed the Remand with the Court. First,
the Department continued to calculate
Calgon Tianjin’s surrogate value for
carbonized material with the same data
that it used in AR3 Final Results.8
Second, the Department recalculated
Calgon Tianjin’s surrogate values for
coal and fine by-products by capping
those values at the value assigned to
their main input, carbonized material.9
The Department’s recalculation of the
by-products surrogate values continued
to yield a de minimis weighted-average
dumping margin for Calgon Tianjin.10
Third, and under protest, the
Department averaged the zero and de
minimis rates calculated for the two
mandatory respondents in this
administrative review (i.e., Jacobi
Carbons AB and Calgon Tianjin) and
assigned the resulting zero dumping
margin to Ningxia Guanghua, Beijing
Pacific, and Shanxi DMD.11 Finally, the
Department determined that the issue
concerning the use of a per-unit
assessment rate for Shanxi DMD’s
wreier-aviles on DSK5TPTVN1PROD with NOTICES
6 Id.
7 See Albemarle Corp. v. United States, 931 F.
Supp. 2d 1280 (CIT 2013). The Court reserved
judgment on the dumping margin assigned to
Huahui, which was different from the margin that
the Department assigned to Shanxi DMD, Ningxia
Guanghua, and Beijing Pacific. Id. It explained that
the Department could, but was not required to,
reconsider Huahui’s margin on remand. Id.
8 See Remand at 3–8.
9 Id. at 10.
10 Id.
11 Id. at 10–13. The Department did not change
the dumping margin assigned to Huahui. Id. at 22.
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entries was moot, given that the
Department assigned Shanxi DMD a
dumping margin of zero.12 On
November 24, 2014, the Court entered
judgment sustaining the Remand.13
Timken Notice
In its decision in Timken, 893 F.2d at
341, as clarified by Diamond Sawblades,
the CAFC 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
Court’s November 24, 2014, judgment
sustaining the Remand constitutes a
final decision of the Court that is not in
harmony with the Department’s AR3
Final Results. This notice is published
in fulfillment of the publication
requirement of Timken.
Cash Deposit Requirements
The cash deposit rate for Cherishmet
will remain the respondent-specific rate
established for the subsequent and
most-recent period during which the
respondent was reviewed, which is
$0.04 per kilogram.15 The cash deposit
rate for the PRC-wide rate, which now
includes Shanxi DMD, will remain the
PRC-wide entity rate established for the
subsequent and most-recent period
during which the PRC-wide entity was
reviewed, which is 2.42 U.S. dollars per
kilogram.16
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(e),
751(a)(1), and 777(i)(1) of the Act.
Dated: December 1, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2014–28577 Filed 12–4–14; 8:45 am]
BILLING CODE 3510–DS–P
Amended Final Results
Because there is now a final court
decision, the Department amends AR3
Final Results with respect to Cherishmet
and Shanxi DMD. The revised weightedaverage dumping margins for these
exporters during the period April 1,
2009, through March 31, 2010, follow:
Exporter name
Weighted average
dumping margin
(dollars per
kilogram)
Ningxia Guanghua
Cherishmet Activated
Carbon Co., Ltd 14 .....
Shanxi DMD Corporation ............................
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–924]
Polyethylene Terephthalate Film,
Sheet, and Strip From the People’s
Republic of China: Preliminary Results
of Antidumping Duty Administrative
Review, Preliminary Determination of
No Shipments and Partial Rescission
of Review; 2012–2013
Enforcement and Compliance,
International Trade Administration,
0.00 Department of Commerce.
0.00 SUMMARY: The Department of Commerce
(‘‘the Department’’) is conducting an
administrative review of the
Accordingly, the Department will
antidumping duty order on
continue the suspension of liquidation
polyethylene terephthalate film, sheet,
of the subject merchandise pending the
and strip (‘‘PET film’’) from the People’s
expiration of the period of appeal or, if
Republic of China (‘‘PRC’’). The period
appealed, pending a final and
of review (‘‘POR’’) is November 1, 2012,
conclusive court decision. In the event
through October 31, 2013. The
the Court’s ruling is not appealed or, if
Department initiated the review with
appealed, upheld by the CAFC, the
respect to five companies. We
Department will instruct U.S. Customs
preliminarily find that two of the
and Border Protection to assess
mandatory respondents, Shaoxing
antidumping duties on unliquidated
Xiangyu Green Packing Co., Ltd. and
entries of subject merchandise exported Tianjin Wanhua Co., Ltd. made sales of
by Cherishmet and Shanxi DMD using
subject merchandise at less than normal
the assessment rate calculated by the
value (‘‘NV’’). We are rescinding the
Department in the Remand and listed
review with respect to Huangshi
above.
Yucheng Trade Co. Ltd. (‘‘Yucheng’’).
Further, we preliminarily find that
AGENCY:
12 Id.
at 13–15.
Albemarle Corp. et al. v. United States,
Consol. Court No. 11–00451 (CIT November 24,
2014).
14 This dumping margin also applies to Beijing
Pacific. See supra note 3.
13 See
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15 See Certain Activated Carbon From the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; 2012–
2013, 79 FR 70163, 70165 (November 25, 2014).
16 Id.
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Federal Register / Vol. 79, No. 234 / Friday, December 5, 2014 / Notices
Fuwei Films (Shandong) Co., Ltd.
(‘‘Fuwei Films’’) and Sichuan Dongfang
Insulating Material Co., Ltd.,
(‘‘Dongfang’’), did not have any
reviewable transactions during the POR.
Interested parties are invited to
comment on these preliminary results.
DATES: Effective Date: December 5, 2014.
FOR FURTHER INFORMATION CONTACT:
Jonathan Hill or Thomas Martin, AD/
CVD Operations, Office IV, Enforcement
& Compliance, International Trade
Administration, Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–3518 or (202) 482–
3936, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The products covered by the order are
all gauges of raw, pre-treated, or primed
PET film, whether extruded or coextruded.1 PET film is classifiable under
subheading 3920.62.00.90 of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’). Although the
HTSUS subheadings are provided for
convenience and customs purposes, our
written description of the scope of the
order is dispositive.
Preliminary Determination of No
Shipments
Based on our analysis of U.S. Customs
and Border Protection (‘‘CBP’’)
information and information provided
by Fuwei Films and Dongfang, we
preliminarily determine that Fuwei
Films and Dongfang did not have any
reviewable transactions during the POR.
For additional information regarding
this determination, see the Preliminary
Decision Memorandum.
wreier-aviles on DSK5TPTVN1PROD with NOTICES
Partial Rescission
On December 2, 2013, Now Plastics
Inc. (‘‘Now Plastics’’) requested an
administrative review of subject
merchandise exported by Yucheng.
Subsequently, on February 12, 2014,
Now Plastics timely withdrew its
request for an administrative review of
Yucheng’s exports. No other parties
requested a review of Yucheng. The
Department, pursuant to 19 CFR
351.213 (d)(1), is therefore rescinding
this administrative review with respect
to Yucheng.
1 For a complete description of the scope of the
order, see ‘‘Decision Memorandum for the
Preliminary Results of 2012–2013 Antidumping
Duty Administrative Review of Polyethylene
Terephthalate Film, Sheet, and Strip 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 concurrently with this notice
(‘‘Preliminary Decision Memorandum’’).
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15:07 Dec 04, 2014
Jkt 235001
Methodology
The Department conducted this
review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as
amended (‘‘the Act’’). We calculated
export prices in accordance with section
772 of the Act. Because the PRC is a
non-market economy (‘‘NME’’) within
the meaning of section 771(18) of the
Act, we calculated 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, which is hereby
adopted by this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(‘‘ACCESS’’).2 ACCESS is available to
registered users at https://
access.trade.gov. The Preliminary
Decision Memorandum is also available
in the Central Records Unit, room 7046
of the main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/
index.html. The signed Preliminary
Decision Memorandum and the
electronic version of the Preliminary
Decision Memorandum are identical in
content.
Preliminary Results of Review
The Department preliminarily
determines that the following weightedaverage dumping margins exist for the
POR:
Exporter
Weighted-average
dumping margin
(percent)
Shaoxing Xiangyu
Green Packing Co.,
Ltd .............................
Tianjin Wanhua Co., Ltd
35.10
67.69
Disclosure and Public Comment
The Department intends to disclose
calculations performed for these
preliminary results to the parties within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b). Interested parties may
submit case briefs no later than 30 days
2 ‘‘On November 24, 2014, Enforcement and
Compliance changed the name of Enforcement and
Compliance’s AD and CVD Centralized Electronic
Service System (‘‘IA Access’’) to AD and CVD
Centralized Electronic Service System (‘‘Access’’).
The Web site location was changed from https://
iaaccess.trade.gov to https://access.trade.gov. The
Final Rule changing the references to the
Regulations can be found at 79 FR 69046
(November 20, 2014.’’
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72167
after the date of publication of these
preliminary results of review.3 Rebuttal
briefs may be filed no later than five
days after case briefs are filed and may
respond only to arguments raised in the
case briefs.4 A table of contents, list of
authorities used and an executive
summary of issues should accompany
any briefs submitted to the Department.
This summary should be limited to five
pages total, including footnotes.
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement & Compliance, U.S.
Department of Commerce, within 30
days after the date of publication of this
notice.5 Requests should contain the
party’s name, address, and telephone
number, the number of participants, and
a list of the issues to be discussed. Oral
argument presentations will be limited
to issues raised in the briefs. 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 date and
time to be determined.6 Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
All submissions, with limited
exceptions, must be filed electronically
using ACCESS.7 An electronically filed
document must be received successfully
in its entirety by the Department’s
electronic records system, ACCESS, by
5 p.m. Eastern Time (‘‘ET’’) on the due
date. Documents excepted from the
electronic submission requirements
must be filed manually (i.e., in paper
form) with the APO/Dockets Unit in
Room 1870 and stamped with the date
and time of receipt by 5 p.m. ET on the
due date.8
The Department intends to issue the
final results of this administrative
review, which will include the results of
its analysis of issues raised in any briefs,
within 120 days of publication of these
preliminary results, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of
this review, the Department will
determine, and CBP shall assess,
antidumping duties on all appropriate
3 See
19 CFR 351.309(c).
19 CFR 351.309(d).
5 See 19 CFR 351.310(c).
6 See 19 CFR 351.310(d).
7 See, generally, 19 CFR 351.303.
8 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
4 See
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72168
Federal Register / Vol. 79, No. 234 / Friday, December 5, 2014 / Notices
wreier-aviles on DSK5TPTVN1PROD with NOTICES
entries covered by this review.9 The
Department intends to issue assessment
instructions to CBP 15 days after the
publication date of the final results of
this review. Where either a respondent’s
weighted-average dumping margin is
zero or de minimis, or an importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
For any individually examined
respondent and its importer(s) where
neither of those situations is the case, in
the final results of this review we will
calculate an importer-specific per-unit
assessment rate by dividing the total
dumping margins for reviewed sales to
the importer by the total sales quantity
associated with those sales.
On October 24, 2011, the Department
announced a refinement to its
assessment practice in NME
antidumping duty cases.10 Pursuant to
this refinement in practice, for
merchandise that was not reported in
the U.S. sales databases submitted by an
exporter individually examined during
this review, but that entered under the
case number of that exporter (i.e., at the
individually-examined exporter’s cash
deposit rate), the Department will
instruct CBP to liquidate such entries at
the PRC-wide rate. Additionally,
pursuant to this refinement, if the
Department determines that an exporter
under review had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s case number will be
liquidated at the PRC-wide rate.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review 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
sections 751(a)(2)(C) of the Act: (1) For
the exporters listed above, the cash
deposit rate will be equal to the
weighted-average dumping margin
established in the final results of this
review (except, if the rate is zero or de
minimis, then the cash deposit rate will
be zero for that exporter); (2) for
previously investigated or reviewed PRC
and non-PRC exporters not listed above
that have separate rates, the cash
deposit rate will continue to be the
exporter-specific rate published for the
most recently completed segment of this
proceeding; (3) for all PRC exporters of
subject merchandise which have not
been found to be entitled to a separate
rate, the cash deposit rate will be the
rate for the PRC-wide entity, 76.72
percent; and (4) for all non-PRC
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the PRC exporter that
supplied that non-PRC exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213.
Dated: November 28, 2014.
Ronald K. Lorentzen,
Acting 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. Preliminary Determination of No
Shipments
5. Selection of Respondents
6. Non-Market Economy Country
7. Separate Rate
8. Surrogate Country
9. Date of Sale
10. Fair Value Comparisons
11. U.S. Price
12. Normal Value
[FR Doc. 2014–28579 Filed 12–4–14; 8:45 am]
19 CFR 351.212(b)(1).
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011), for a full discussion
of this practice.
International Trade Administration
[A–580–809]
Circular Welded Non-Alloy Steel Pipe
From the Republic of Korea:
Preliminary Results and Partial
Rescission of Antidumping Duty
Administrative Review; 2012–2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on circular
welded non-alloy steel pipe (CWP) from
the Republic of Korea (Korea).1 The
period of review (POR) is November 1,
2012, through October 31, 2013. This
review covers eight producers or
exporters of the subject merchandise,
Husteel Co., Ltd. (Husteel), Hyundai
HYSCO (HYSCO), Dongbu Steel Co.,
Ltd., SeAH Steel Corporation, A-JU
Besteel Co., Ltd., Kumkang Industrial
Co., Ltd., Nexteel Co., Ltd., and Union
Steel Co., Ltd. We preliminarily find
that Husteel and HYSCO have made
sales of the subject merchandise at
prices below normal value. We are
rescinding this review for the remaining
six producers or exporters. Interested
parties are invited to comment on these
preliminary results.
SUMMARY:
Notification to Importers
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
DATES:
Effective Date: December 5, 2014.
FOR FURTHER INFORMATION CONTACT:
Jennifer Meek or Joseph Shuler, 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) 482–2778 or (202) 482–
1293, respectively.
Scope of the Order
The merchandise subject to the order
is circular welded non-alloy steel pipe
and tube. The product is currently
classifiable under the following
Harmonized Tariff Schedule of the
United States (HTSUS) numbers:
7306.30.1000, 7306.30.5025,
7306.30.5032, 7306.30.5040,
7306.30.5055, 7306.30.5085, and
7306.30.5090. Although the HTSUS
numbers are provided for convenience
and customs purposes, the written
9 See
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 78 FR 79392
(December 30, 2013).
10 See
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]]>Agencies
[Federal Register Volume 79, Number 234 (Friday, December 5, 2014)]
[Notices]
[Pages 72166-72168]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28579]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-924]
Polyethylene Terephthalate Film, Sheet, and Strip From the
People's Republic of China: Preliminary Results of Antidumping Duty
Administrative Review, Preliminary Determination of No Shipments and
Partial Rescission of 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 of the antidumping duty order on polyethylene
terephthalate film, sheet, and strip (``PET film'') from the People's
Republic of China (``PRC''). The period of review (``POR'') is November
1, 2012, through October 31, 2013. The Department initiated the review
with respect to five companies. We preliminarily find that two of the
mandatory respondents, Shaoxing Xiangyu Green Packing Co., Ltd. and
Tianjin Wanhua Co., Ltd. made sales of subject merchandise at less than
normal value (``NV''). We are rescinding the review with respect to
Huangshi Yucheng Trade Co. Ltd. (``Yucheng''). Further, we
preliminarily find that
[[Page 72167]]
Fuwei Films (Shandong) Co., Ltd. (``Fuwei Films'') and Sichuan Dongfang
Insulating Material Co., Ltd., (``Dongfang''), did not have any
reviewable transactions during the POR. Interested parties are invited
to comment on these preliminary results.
DATES: Effective Date: December 5, 2014.
FOR FURTHER INFORMATION CONTACT: Jonathan Hill or Thomas Martin, AD/CVD
Operations, Office IV, Enforcement & Compliance, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-3518 or (202)
482-3936, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The products covered by the order are all gauges of raw, pre-
treated, or primed PET film, whether extruded or co-extruded.\1\ PET
film is classifiable under subheading 3920.62.00.90 of the Harmonized
Tariff Schedule of the United States (``HTSUS''). Although the HTSUS
subheadings are provided for convenience and customs purposes, our
written description of the scope of the order is dispositive.
---------------------------------------------------------------------------
\1\ For a complete description of the scope of the order, see
``Decision Memorandum for the Preliminary Results of 2012-2013
Antidumping Duty Administrative Review of Polyethylene Terephthalate
Film, Sheet, and Strip 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 concurrently with this notice
(``Preliminary Decision Memorandum'').
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
Based on our analysis of U.S. Customs and Border Protection
(``CBP'') information and information provided by Fuwei Films and
Dongfang, we preliminarily determine that Fuwei Films and Dongfang did
not have any reviewable transactions during the POR. For additional
information regarding this determination, see the Preliminary Decision
Memorandum.
Partial Rescission
On December 2, 2013, Now Plastics Inc. (``Now Plastics'') requested
an administrative review of subject merchandise exported by Yucheng.
Subsequently, on February 12, 2014, Now Plastics timely withdrew its
request for an administrative review of Yucheng's exports. No other
parties requested a review of Yucheng. The Department, pursuant to 19
CFR 351.213 (d)(1), is therefore rescinding this administrative review
with respect to Yucheng.
Methodology
The Department conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (``the Act''). We
calculated export prices in accordance with section 772 of the Act.
Because the PRC is a non-market economy (``NME'') within the meaning of
section 771(18) of the Act, we calculated 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, which is hereby
adopted by this notice. The Preliminary Decision Memorandum is a public
document and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (``ACCESS'').\2\ ACCESS is available to registered users at
https://access.trade.gov. The Preliminary Decision Memorandum is also
available in the Central Records Unit, room 7046 of the main Department
of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed Preliminary Decision
Memorandum and the electronic version of the Preliminary Decision
Memorandum are identical in content.
---------------------------------------------------------------------------
\2\ ``On November 24, 2014, Enforcement and Compliance changed
the name of Enforcement and Compliance's AD and CVD Centralized
Electronic Service System (``IA Access'') to AD and CVD Centralized
Electronic Service System (``Access''). The Web site location was
changed from https://iaaccess.trade.gov to https://access.trade.gov.
The Final Rule changing the references to the Regulations can be
found at 79 FR 69046 (November 20, 2014.''
---------------------------------------------------------------------------
Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margins exist for the POR:
------------------------------------------------------------------------
Weighted-average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
Shaoxing Xiangyu Green Packing Co., Ltd............. 35.10
Tianjin Wanhua Co., Ltd............................. 67.69
------------------------------------------------------------------------
Disclosure and Public Comment
The Department intends to disclose calculations performed for these
preliminary results to the parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs no later than 30 days after
the date of publication of these preliminary results of review.\3\
Rebuttal briefs may be filed no later than five days after case briefs
are filed and may respond only to arguments raised in the case
briefs.\4\ A table of contents, list of authorities used and an
executive summary of issues should accompany any briefs submitted to
the Department. This summary should be limited to five pages total,
including footnotes.
---------------------------------------------------------------------------
\3\ See 19 CFR 351.309(c).
\4\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------
Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement &
Compliance, U.S. Department of Commerce, within 30 days after the date
of publication of this notice.\5\ Requests should contain the party's
name, address, and telephone number, the number of participants, and a
list of the issues to be discussed. Oral argument presentations will be
limited to issues raised in the briefs. 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 date and time to be determined.\6\ Parties should confirm
by telephone the date, time, and location of the hearing two days
before the scheduled date.
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\5\ See 19 CFR 351.310(c).
\6\ See 19 CFR 351.310(d).
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All submissions, with limited exceptions, must be filed
electronically using ACCESS.\7\ An electronically filed document must
be received successfully in its entirety by the Department's electronic
records system, ACCESS, by 5 p.m. Eastern Time (``ET'') on the due
date. Documents excepted from the electronic submission requirements
must be filed manually (i.e., in paper form) with the APO/Dockets Unit
in Room 1870 and stamped with the date and time of receipt by 5 p.m. ET
on the due date.\8\
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\7\ See, generally, 19 CFR 351.303.
\8\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
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The Department intends to issue the final results of this
administrative review, which will include the results of its analysis
of issues raised in any briefs, within 120 days of publication of these
preliminary results, pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of this review, the Department
will determine, and CBP shall assess, antidumping duties on all
appropriate
[[Page 72168]]
entries covered by this review.\9\ The Department intends to issue
assessment instructions to CBP 15 days after the publication date of
the final results of this review. Where either a respondent's weighted-
average dumping margin is zero or de minimis, or an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
For any individually examined respondent and its importer(s) where
neither of those situations is the case, in the final results of this
review we will calculate an importer-specific per-unit assessment rate
by dividing the total dumping margins for reviewed sales to the
importer by the total sales quantity associated with those sales.
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\9\ See 19 CFR 351.212(b)(1).
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On October 24, 2011, the Department announced a refinement to its
assessment practice in NME antidumping duty cases.\10\ Pursuant to this
refinement in practice, for merchandise that was not reported in the
U.S. sales databases submitted by an exporter individually examined
during this review, but that entered under the case number of that
exporter (i.e., at the individually-examined exporter's cash deposit
rate), the Department will instruct CBP to liquidate such entries at
the PRC-wide rate. Additionally, pursuant to this refinement, if the
Department determines that an exporter under review had no shipments of
the subject merchandise, any suspended entries that entered under that
exporter's case number will be liquidated at the PRC-wide rate.
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\10\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review 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 sections 751(a)(2)(C) of the Act: (1) For the exporters
listed above, the cash deposit rate will be equal to the weighted-
average dumping margin established in the final results of this review
(except, if the rate is zero or de minimis, then the cash deposit rate
will be zero for that exporter); (2) for previously investigated or
reviewed PRC and non-PRC exporters not listed above that have separate
rates, the cash deposit rate will continue to be the exporter-specific
rate published for the most recently completed segment of this
proceeding; (3) for all PRC exporters of subject merchandise which have
not been found to be entitled to a separate rate, the cash deposit rate
will be the rate for the PRC-wide entity, 76.72 percent; and (4) for
all non-PRC exporters of subject merchandise which have not received
their own rate, the cash deposit rate will be the rate applicable to
the PRC exporter that supplied that non-PRC exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
Dated: November 28, 2014.
Ronald K. Lorentzen,
Acting 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. Preliminary Determination of No Shipments
5. Selection of Respondents
6. Non-Market Economy Country
7. Separate Rate
8. Surrogate Country
9. Date of Sale
10. Fair Value Comparisons
11. U.S. Price
12. Normal Value
[FR Doc. 2014-28579 Filed 12-4-14; 8:45 am]
BILLING CODE 3510-DS-P
