Certain Cased Pencils From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission; 2012-2013, 78795-78797 [2014-30755]
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Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Notices
Malaysia under the relevant HTSUS
subheadings.40 Petitioner states that
prior to 2009, there were virtually no
imports of uncovered innerspring units
from Malaysia to the United States.41
However, according to the chart, subject
imports from Malaysia to the United
States have steadily increased: 185,917
pieces were imported in 2009; 312,317
pieces were imported in 2010; 344,388
pieces were imported in 2011; 132,017
pieces were imported in 2012; and
52,051 pieces were imported in 2013.42
Petitioner claims that the lower overall
entry quantities over the last two years
are due to the previous
anticircumvention inquiry filed by
Petitioner in 2012.43 Petitioner notes
that quantities of imports after 2012,
while not as high as the immediately
preceding years, are still significant
compared to before the Order was in
place.44
Furthermore, Petitioner contends that
Malaysia’s official import statistics
indicated that imports from the PRC of
one of the key components in
innerspring units (i.e., coils) have
increased substantially since the Order
was imposed.45 Petitioner provided a
chart of import data related to
Malaysia’s imports of coils from the PRC
over the last several years, as well as the
current year under HTS 7320.99.000
(other springs and leaves for springs, of
iron/steel, kilograms (‘‘kgs’’)). This chart
shows an increase of imported coils
from 2,995,519 kgs in 2007 to
11,972,478 kgs in 2011, and a gradual
decrease to 5,218,789 kgs for the current
year.46 Again, Petitioner notes that
imports have somewhat declined
starting in 2012, which may be due to
the Department’s determination in the
previous anticircumvention inquiry
filed by Petitioner.47 Nevertheless,
Petitioner contends that imports of coils
from the PRC remain higher than before
the Order was in place.48
(2) Increase of Subject Imports From the
PRC to Malaysia After the Investigation
Initiation
Petitioner did not provide any
evidence regarding an increase in
subject imports (i.e., completed
40 Id.,
at 17.
at 16.
42 Id., at 17.
43 Id.
44 Id.
45 Id.
46 Id. Petitioner also provided a description of
Malaysia’s relevant HTS numbers. Id., at Exhibit 7.
47 Id.; see also Reztec Final Determination, 79 FR
3345 and accompanying Issues and Decision
Memorandum. Petitioner did not submit any
Malaysian import statistics regarding imports of
helical wires and border rods from the PRC.
48 Id.
mstockstill on DSK4VPTVN1PROD with NOTICES
41 Id.,
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78795
uncovered innerspring units) from the
PRC to Malaysia after the initiation of
the investigation. However, as noted
above, Petitioner provided information
that imports of one of the key
components of innerspring units from
PRC to Malaysia increased significantly
during this time.
Dated: December 22, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
F. Whether Action Is Appropriate To
Prevent Evasion of the Order
DEPARTMENT OF COMMERCE
Based on the information provided by
Petitioner, and for the reasons provided
in the analysis below, the Department
determines that initiating an
anticircumvention inquiry is
appropriate to identify any potential
evasion of the Order.
[A–570–827]
Analysis of the Request
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BILLING CODE 3510–DS–P
International Trade Administration
Certain Cased Pencils From the
People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review and Partial
Rescission; 2012–2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) is conducting an
administrative review of the
antidumping duty order on certain
cased pencils (pencils) from the
People’s Republic of China (PRC).1 The
period of review (POR) is December 1,
2012, through November 30, 2013. This
review covers two exporters of subject
merchandise, Shandong Rongxin Import
& Export Co., Ltd. (Rongxin) and
Shanghai Foreign Trade Co., Ltd.
(SFTC).
We preliminarily determine that
Rongxin is not eligible for a separate
rate, and, thus, remains part of the PRCwide entity. In addition, we are
rescinding the review with respect to
SFTC. If these preliminary results are
adopted in our final results of review,
we will instruct U.S. Customs and
Border Protection (CBP) to assess
antidumping duties on all appropriate
entries of subject merchandise during
the POR. Interested parties are invited to
comment on these preliminary results.
DATES: Effective Date: December 31,
2014.
AGENCY:
Based on our analysis of Petitioner’s
circumvention inquiry request, the
Department determines that Petitioner
has satisfied the criteria under section
781(b)(1) of the Act to warrant an
initiation of a formal circumvention
inquiry.49 In accordance with section
351.225(e) of the Department’s
regulations, the Department finds that
the issue of whether a product is
included within the scope of an order
cannot be determined based solely upon
the application and the descriptions of
the merchandise. Accordingly, the
Department will notify by mail all
parties on the Department’s scope
service list of the initiation of a
circumvention inquiry.
In accordance with section
351.225(l)(2) of the Department’s
regulations, if the Department issues a
preliminary affirmative determination,
we will then instruct U.S. Customs and
Border Protection to suspend
liquidation and require a cash deposit of
estimated duties on the merchandise.
This circumvention inquiry covers
Goldon. If, within sufficient time, the
Department receives a formal request
from an interested party regarding
potential circumvention of the Order by
other Malaysian companies, we will
consider conducting additional
inquiries concurrently.
The Department will establish a
schedule for questionnaires and
comments on the issues. In accordance
with section 351.225(f)(5) of the
Department’s regulations, the
Department intends to issue its final
determination within 300 days of the
date of publication of this initiation, in
accordance with section 781(f) of the
Act. This notice is published in
accordance with section 351.225(f) of
the Department’s regulations.
49 Id.,
[FR Doc. 2014–30658 Filed 12–30–14; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
Mary Kolberg, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–1785.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order
includes certain cased pencils from the
PRC. The subject merchandise is
1 See Antidumping Duty Order: Certain Cased
Pencils From the People’s Republic of China, 59 FR
66909 (December 28, 1994).
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Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Notices
currently classifiable under Harmonized
Tariff Schedule of the United States
(HTSUS) subheading 9609.1010.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written product
description is dispositive. A full
description of the scope of the order is
contained in the Preliminary Decision
Memorandum, dated concurrently with
and hereby adopted by this notice.2
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if a party
that requested the review withdraws the
request within 90 days of the date of
publication of the Initiation Notice. On
March 3, 2014, SFTC timely withdrew
its request for a review of its exports.3
Accordingly, the Department is
rescinding this administrative review
with respect to SFTC.
mstockstill on DSK4VPTVN1PROD with NOTICES
Methodology
The Department is conducting this
review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act). However, as we
have preliminarily determined that
Rongxin is not eligible for a separate
rate, the Department has not calculated
a margin for these preliminary results.
For a full description of the analysis
underlying our conclusions, see the
Preliminary Decision Memorandum.
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).4
ACCESS is available to registered users
at https://access.trade.gov and in the
Central Records Unit, Room 7046 of the
main Department of Commerce
building. In addition, a complete
2 See 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
Preliminary Results of Antidumping Duty
Administrative Review and Partial Rescission:
Certain Cased Pencils from the People’s Republic of
China; 2012–2013,’’ dated concurrently with and
hereby adopted by this notice (Preliminary Decision
Memorandum).
3 See letter from SFTC, ‘‘Withdrawal of Request:
Antidumping Duty Administrative Review of the
Antidumping Duty Order on Certain Cased Pencils
from the PRC,’’ dated March 3, 2014.
4 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).
VerDate Sep<11>2014
22:02 Dec 30, 2014
Jkt 235001
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.
The Department intends to issue the
final results of this administrative
review, including 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
Preliminary Results of Review
Upon issuing the final results of
review, the Department will determine,
and CBP shall assess, antidumping
duties on all appropriate entries covered
by this review.13 The Department
intends to issue appropriate assessment
Weightedaverage dumping instructions directly to CBP 15 days
Exporter
margin
after publication of the final results of
(percent)
review.
If, in the course of this review, we
PRC-wide Rate ...............
114.90
reverse our determination and find that
Rongxin is eligible for a separate rate,
Disclosure and Public Comment
and Rongxin’s weighted-average
The Department intends to disclose to dumping margin is above de minimis
parties to this proceeding the
(i.e., 0.50 percent) in the final results of
preliminary separate rate analysis
this review, we will calculate importerperformed in reaching the preliminary
specific (or customer-specific) ad
results within five days of the date of
valorem (or per-unit) assessment rates
publication of these preliminary
on the basis of the ratio of the total
results.6 Interested parties may submit
amount of dumping calculated for the
case briefs no later than 30 days after
importer’s examined sales and the total
the date of publication of the
entered value (or quantity) of those sales
preliminary results.7 Rebuttals to case
in accordance with 19 CFR
briefs may be filed no later than five
351.212(b)(1). Specifically, the
days after the deadline for filing case
Department will apply the assessment
briefs and all rebuttal comments must
rate calculation method adopted in
be limited to comments raised in the
Final Modification for Reviews.14 Where
case briefs.8 Parties who submit case
an importer- (or customer-) specific ad
briefs or rebuttal briefs in this
valorem rate is zero or de minimis, we
proceeding are encouraged to submit
will instruct CBP to liquidate
with each argument: (1) A statement of
appropriate entries without regard to
the issue; (2) a brief summary of the
antidumping duties.15
argument; and (3) a table of authorities.9
On October 24, 2011, the Department
Case and rebuttal briefs must be filed
announced a refinement to its
electronically via ACCESS.10
assessment practice in NME cases.16
Any interested party may request a
Pursuant to this refinement in practice,
hearing within 30 days of publication of for entries that were not reported in the
this notice.11 Hearing requests should
U.S. sales databases submitted by
contain the following information: (1)
companies individually examined
The party’s name, address, and
during this review, but that entered
telephone number; (2) the number of
under the case number of that exporter,
participants; and (3) a list of the issues
the Department will instruct CBP to
to be discussed. Oral presentations will
liquidate such entries at the PRC-wide
be limited to issues raised in the briefs.
rate. In addition, if the Department
If a request for a hearing is made, parties determines that an exporter under
will be notified of the time and date for
review had no shipments of the subject
the hearing to be held at the U.S.
merchandise, any suspended entries
Department of Commerce, 14th Street
that entered under that exporter’s case
and Constitution Avenue NW.,
13 See 19 CFR 351.212(b)(1).
Washington, DC 20230.12
The Department preliminarily
determines that the following weightedaverage dumping margins exist 5:
5 As
noted, Rongxin is not eligible for a separate
rate.
6 See 19 CFR 351.224(b).
7 See 19 CFR 351.309(c)(1)(ii).
8 See 19 CFR 351.309(d).
9 See 19 CFR 351.309(c)(2) and (d)(2).
10 See 19 CFR 351.303(b).
11 See 19 CFR 351.310(c).
12 See 19 CFR 351.310(d).
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14 See Antidumping Proceeding: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8103
(February 14, 2012) (Final Modification for
Reviews).
15 See 19 CFR 351.106(c)(2).
16 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694,
65694–95 (October 24, 2011).
E:\FR\FM\31DEN1.SGM
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Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Notices
number (i.e., at that exporter’s rate) will
be liquidated at the PRC-wide rate.17
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) The
cash deposit rate for Rongxin will be
that established in the final results of
this review (except, if the rate is zero or
de minimis, then zero cash deposit will
be required); (2) for previously
investigated or reviewed PRC and nonPRC 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
will be that for the PRC-wide entity
(114.90 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
cash 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 351.221(b)(4).
mstockstill on DSK4VPTVN1PROD with NOTICES
Dated: December 12, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
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FR Doc. 2014–30755
was originally supposed to publish in
the issue of December 19, 2014, is
correctly published in its entirety in the
issue of December 31, 2014.
EDITORIAL NOTE:
[FR Doc. 2014–30755 Filed 12–30–14; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–985]
Xanthan Gum From the People’s
Republic of China: Preliminary Results
of 2013 Antidumping Duty New
Shipper Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is conducting a new
shipper review (‘‘NSR’’) of the
antidumping duty order on xanthan
gum from the People’s Republic of
China (‘‘PRC’’). The NSR covers Meihua
Group International Trading (Hong
Kong) Limited, Langfang Meihua BioTechnology Co., Ltd., and Xinjiang
Meihua Amino Acid Co., Ltd.
(collectively, ‘‘Meihua’’). The period of
review (‘‘POR’’) is July 19, 2013,
through December 31, 2013. The
Department preliminarily determines
that Meihua has not made sales of
subject merchandise at less than normal
value. Interested parties are invited to
comment on the preliminary results of
this review.
DATES: Effective Date: December 31,
2014.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Brandon Farlander, AD/CVD
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–0182.
SUPPLEMENTARY INFORMATION:
Scope of the Order
Appendix I
17 Id.
4. Partial Rescission of Review
5. Discussion of the Methodology
a. Non-Market Economy Country
b. Separate Rate
6. Recommendation
The scope of the order covers dry
xanthan gum, whether or not coated or
blended with other products. Further,
xanthan gum is included in this order
regardless of physical form, including,
but not limited to, solutions, slurries,
dry powders of any particle size, or
unground fiber. Merchandise covered by
the scope of this order is classified in
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78797
the Harmonized Tariff Schedule
(‘‘HTS’’) of the United States at
subheading 3913.90.20. This tariff
classification is provided for
convenience and customs purposes;
however, the written description of the
scope is dispositive.1
Preliminary Affiliation Determination
Based on the evidence presented in
Meihua’s questionnaire responses, we
preliminarily find that Meihua Group
International Trading (Hong Kong)
Limited, Langfang Meihua BioTechnology Co., Ltd., and Xinjiang
Meihua Amino Acid Co., Ltd. are
affiliated, pursuant to section 771(33)(F)
of the Tariff Act of 1930, as amended
(‘‘the Act’’). In addition, based on the
information presented in the
questionnaire responses, we
preliminarily find that Meihua Group
International Trading (Hong Kong)
Limited, Langfang Meihua BioTechnology Co., Ltd., and Xinjiang
Meihua Amino Acid Co., Ltd. should be
treated as a single company for the
purposes of this review pursuant to
section 19 CFR 351.401(f).2
Methodology
The Department is conducting this
review in accordance with section
751(a)(2)(B) of the Act and 19 CFR
351.214. The Department calculated
export price in accordance with section
772 of the Act. Because the PRC is a
nonmarket economy (‘‘NME’’) within
the meaning of section 771(18) of the
Act, the Department calculated normal
value 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 with 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’’).
ACCESS is available to registered users
1 For a complete description of the Scope of the
Order, see ‘‘Decision Memorandum for the
Preliminary Results of the 2013 Antidumping Duty
New Shipper Review of Xanthan Gum from the
People’s Republic of China,’’ from Christian Marsh,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K.
Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance (‘‘Preliminary
Decision Memorandum’’), dated concurrently with
this notice.
2 See the memorandum from Brandon Farlander,
International Trade Analyst, AD/CVD Operations
Office IV to Abdelali Elouaradia, Director, AD/CVD
Operations Office IV regarding ‘‘Xanthan Gum from
the People’s Republic of China: Affiliation and
Single Company Status’’ dated concurrently with
this notice.
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]]>Agencies
[Federal Register Volume 79, Number 250 (Wednesday, December 31, 2014)]
[Notices]
[Pages 78795-78797]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30755]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-827]
Certain Cased Pencils From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review and
Partial Rescission; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Department) is conducting an
administrative review of the antidumping duty order on certain cased
pencils (pencils) from the People's Republic of China (PRC).\1\ The
period of review (POR) is December 1, 2012, through November 30, 2013.
This review covers two exporters of subject merchandise, Shandong
Rongxin Import & Export Co., Ltd. (Rongxin) and Shanghai Foreign Trade
Co., Ltd. (SFTC).
---------------------------------------------------------------------------
\1\ See Antidumping Duty Order: Certain Cased Pencils From the
People's Republic of China, 59 FR 66909 (December 28, 1994).
---------------------------------------------------------------------------
We preliminarily determine that Rongxin is not eligible for a
separate rate, and, thus, remains part of the PRC-wide entity. In
addition, we are rescinding the review with respect to SFTC. If these
preliminary results are adopted in our final results of review, we will
instruct U.S. Customs and Border Protection (CBP) to assess antidumping
duties on all appropriate entries of subject merchandise during the
POR. Interested parties are invited to comment on these preliminary
results.
DATES: Effective Date: December 31, 2014.
FOR FURTHER INFORMATION CONTACT: Mary Kolberg, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-1785.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order includes certain cased pencils
from the PRC. The subject merchandise is
[[Page 78796]]
currently classifiable under Harmonized Tariff Schedule of the United
States (HTSUS) subheading 9609.1010. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written product
description is dispositive. A full description of the scope of the
order is contained in the Preliminary Decision Memorandum, dated
concurrently with and hereby adopted by this notice.\2\
---------------------------------------------------------------------------
\2\ See 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 Preliminary Results of Antidumping Duty
Administrative Review and Partial Rescission: Certain Cased Pencils
from the People's Republic of China; 2012-2013,'' dated concurrently
with and hereby adopted by this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review, in whole or in part, if a party that requested
the review withdraws the request within 90 days of the date of
publication of the Initiation Notice. On March 3, 2014, SFTC timely
withdrew its request for a review of its exports.\3\ Accordingly, the
Department is rescinding this administrative review with respect to
SFTC.
---------------------------------------------------------------------------
\3\ See letter from SFTC, ``Withdrawal of Request: Antidumping
Duty Administrative Review of the Antidumping Duty Order on Certain
Cased Pencils from the PRC,'' dated March 3, 2014.
---------------------------------------------------------------------------
Methodology
The Department is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). However,
as we have preliminarily determined that Rongxin is not eligible for a
separate rate, the Department has not calculated a margin for these
preliminary results. For a full description of the analysis underlying
our conclusions, see the Preliminary Decision Memorandum. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).\4\
ACCESS is available to registered users at https://access.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.
---------------------------------------------------------------------------
\4\ 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 \5\:
---------------------------------------------------------------------------
\5\ As noted, Rongxin is not eligible for a separate rate.
------------------------------------------------------------------------
Weighted- average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
PRC-wide Rate........................................ 114.90
------------------------------------------------------------------------
Disclosure and Public Comment
The Department intends to disclose to parties to this proceeding
the preliminary separate rate analysis performed in reaching the
preliminary results within five days of the date of publication of
these preliminary results.\6\ Interested parties may submit case briefs
no later than 30 days after the date of publication of the preliminary
results.\7\ Rebuttals to case briefs may be filed no later than five
days after the deadline for filing case briefs and all rebuttal
comments must be limited to comments raised in the case briefs.\8\
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.\9\ Case and rebuttal briefs must be filed electronically
via ACCESS.\10\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.224(b).
\7\ See 19 CFR 351.309(c)(1)(ii).
\8\ See 19 CFR 351.309(d).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
\10\ See 19 CFR 351.303(b).
---------------------------------------------------------------------------
Any interested party may request a hearing within 30 days of
publication of this notice.\11\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230.\12\
---------------------------------------------------------------------------
\11\ See 19 CFR 351.310(c).
\12\ See 19 CFR 351.310(d).
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The Department intends to issue the final results of this
administrative review, including the results of its analysis of 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 issuing the final results of review, the Department will
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this review.\13\ The Department intends to issue
appropriate assessment instructions directly to CBP 15 days after
publication of the final results of review.
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\13\ See 19 CFR 351.212(b)(1).
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If, in the course of this review, we reverse our determination and
find that Rongxin is eligible for a separate rate, and Rongxin's
weighted-average dumping margin is above de minimis (i.e., 0.50
percent) in the final results of this review, we will calculate
importer-specific (or customer-specific) ad valorem (or per-unit)
assessment rates on the basis of the ratio of the total amount of
dumping calculated for the importer's examined sales and the total
entered value (or quantity) of those sales in accordance with 19 CFR
351.212(b)(1). Specifically, the Department will apply the assessment
rate calculation method adopted in Final Modification for Reviews.\14\
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.\15\
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\14\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8103 (February 14, 2012)
(Final Modification for Reviews).
\15\ See 19 CFR 351.106(c)(2).
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On October 24, 2011, the Department announced a refinement to its
assessment practice in NME cases.\16\ Pursuant to this refinement in
practice, for entries that were not reported in the U.S. sales
databases submitted by companies individually examined during this
review, but that entered under the case number of that exporter, the
Department will instruct CBP to liquidate such entries at the PRC-wide
rate. In addition, if the Department determines that an exporter under
review had no shipments of the subject merchandise, any suspended
entries that entered under that exporter's case
[[Page 78797]]
number (i.e., at that exporter's rate) will be liquidated at the PRC-
wide rate.\17\
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\16\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694, 65694-95 (October 24, 2011).
\17\ Id.
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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) The cash deposit rate
for Rongxin will be that established in the final results of this
review (except, if the rate is zero or de minimis, then zero cash
deposit will be required); (2) for 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 will be that for the
PRC-wide entity (114.90 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 cash 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 351.221(b)(4).
Dated: December 12, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Partial Rescission of Review
5. Discussion of the Methodology
a. Non-Market Economy Country
b. Separate Rate
6. Recommendation
Editorial Note: FR Doc. 2014-30755 was originally supposed to publish
in the issue of December 19, 2014, is correctly published in its
entirety in the issue of December 31, 2014.
[FR Doc. 2014-30755 Filed 12-30-14; 8:45 am]
BILLING CODE 1505-01-D
