53-Foot Domestic Dry Containers From the People's Republic of China: Final Determination of Sales at Less Than Fair Value; Final Negative Determination of Critical Circumstances, 21203-21207 [2015-08903]

Download as PDF Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices Relay Service at 1–800–977–8339 and providing the Service with the conference call number and conference ID number. Member of the public are also entitled to submit written comments; the comments must be received in the regional office by June 11, 2015. Written comments may be mailed to the Midwestern Regional Office, U.S. Commission on Civil Rights, 55 W. Monroe St., Suite 410, Chicago, IL 60615. They may also be faxed to the Commission at (312) 353–8324, or emailed to Administrative Assistant, Carolyn Allen at callen@usccr.gov. Persons who desire additional information may contact the Midwestern Regional Office at (312) 353–8311. Records generated from this meeting may be inspected and reproduced at the Midwestern Regional Office, as they become available, both before and after the meeting. Records of the meeting will be available via www.facadatabase.gov under the Commission on Civil Rights, Michigan Advisory Committee link. Persons interested in the work of this Committee are directed to the Commission’s Web site, http:// www.usccr.gov, or may contact the Midwestern Regional Office at the above email or street address. Agenda Welcome and Introductions Donna Budnick, Chair Discussion of civil rights issues in Michigan Michigan Advisory Committee Members Future plans and actions Adjournment The meeting will be held on Monday, May 11, 2015, at 3:00 p.m. EST. DATES: Public Call Information Dial: 888–572–7025 Conference ID: 1183630. FOR FURTHER INFORMATION CONTACT: tkelley on DSK3SPTVN1PROD with NOTICES Carolyn Allen at callen@usccr.gov or 312–353–8311. Dated: April 13, 2015. David Mussatt, Chief, Regional Programs Unit. [FR Doc. 2015–08770 Filed 4–16–15; 8:45 am] BILLING CODE 6335–01–P VerDate Sep<11>2014 19:08 Apr 16, 2015 Jkt 235001 COMMISSION ON CIVIL RIGHTS Notice of Public Meeting of the Indiana Advisory Committee for a Meeting To Discuss Concept Papers on Potential Project Topics U.S. Commission on Civil Rights. ACTION: Announcement of meeting. AGENCY: Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act that the Indiana Advisory Committee (Committee) will hold a meeting on Tuesday, June 30, 2015, at 1:00 p.m. EST for the purpose of discussing concepts papers on civil rights topics in the state that Committee members drafted. The Committee may decide to vote on a future project of study at this meeting. Members of the public can listen to the discussion. This meeting is available to the public through the following tollfree call-in number: 888–430–8709, conference ID: 7603733. Any interested member of the public may call this number and listen to the meeting. An open comment period will be provided to allow members of the public to make a statement as time allows. The conference call operator will ask callers to identify themselves, the organization they are affiliated with (if any), and an email address prior to placing callers into the conference room. Callers can expect to incur charges for calls they initiate over wireless lines, and the Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over landline connections to the toll-free telephone number. Persons with hearing impairments may also follow the proceedings by first calling the Federal Relay Service at 1–800–977–8339 and providing the Service with the conference call number and conference ID number. Member of the public are also entitled to submit written comments; the comments must be received in the regional office by July 30, 2015. Written comments may be mailed to the Midwestern Regional Office, U.S. Commission on Civil Rights, 55 W. Monroe St., Suite 410, Chicago, IL 60615. They may also be faxed to the Commission at (312) 353–8324, or emailed to Administrative Assistant, Carolyn Allen at callen@usccr.gov. Persons who desire additional information may contact the Midwestern Regional Office at (312) 353–8311. SUMMARY: PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 21203 Records generated from this meeting may be inspected and reproduced at the Midwestern Regional Office, as they become available, both before and after the meeting. Records of the meeting will be available via www.facadatabase.gov under the Commission on Civil Rights, Indiana Advisory Committee link. Persons interested in the work of this Committee are directed to the Commission’s Web site, http:// www.usccr.gov, or may contact the Midwestern Regional Office at the above email or street address. Agenda Welcome and Introductions Diane Clements-Boyd, Chair Discussion of concept papers Indiana Advisory Committee Members Future plans and actions Adjournment DATES: The meeting will be held on Tuesday, June 30, 2015, at 1:00 p.m. EST. Public Call Information Dial: 888–430–8709 Conference ID: 7603733. FOR FURTHER INFORMATION CONTACT: Carolyn Allen at callen@usccr.gov or 312–353–8311. Dated: April 13, 2015. David Mussatt, Chief, Regional Programs Unit. [FR Doc. 2015–08769 Filed 4–16–15; 8:45 am] BILLING CODE 6335–01–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–014] 53-Foot Domestic Dry Containers From the People’s Republic of China: Final Determination of Sales at Less Than Fair Value; Final Negative Determination of Critical Circumstances Enforcement and Compliance, International Trade Administration, Commerce. SUMMARY: The Department of Commerce (the Department) determines that imports of 53-foot domestic dry containers (domestic dry containers) 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 735 of the Tariff Act of 1930, as amended (the Act). The final weightedaverage dumping margins for the investigation on domestic dry AGENCY: E:\FR\FM\17APN1.SGM 17APN1 21204 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices January 12, 2015, and January 23, 2015, the Department conducted verification of the mandatory respondents CIMC and Singamas. The Department issued the sales and factors-of-production verification reports for both CIMC and Singamas on February 26, 2015.8 On March 10, 2015, Petitioner, Crowley, CIMC, and Singamas filed case briefs (which included scope comments). On March 16, 2015, Petitioner, Crowley, CIMC, and Singamas filed rebuttal briefs (which included scope comments). The Department did not hold a hearing as all requests for a hearing were withdrawn. Background On November 26, 2014, the Department published the preliminary determination of the LTFV investigation of domestic dry containers from the PRC in the Federal Register.1 The following events occurred since then. On December 9, 2014, we received scope comments from interested parties Crowley Maritime Corporation and Crowley Liner Services, Inc., and Sea Star Lines LLC (collectively, ‘‘Crowley’’). On December 1, 2014, respondent Singamas 2 submitted timely ministerial error allegations with respect to the Department’s calculation the weighted-average dumping margin for Singamas.3 Also on December 1, 2014, Petitioner 4 submitted ministerial error allegations 5 with respect to respondent CIMC.6 We received no rebuttal comments regarding these allegations. On December 31, 2014, we published the amended preliminary determination in the Federal Register.7 Between tkelley on DSK3SPTVN1PROD with NOTICES containers from the PRC are listed below in the ‘‘Final Determination’’ section of this notice. DATES: Effective: April 17, 2015. FOR FURTHER INFORMATION CONTACT: Brian Davis (Singamas), John Drury (CIMC), or Angelica Townshend, 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, (202) 482– 0195 or (202) 482–3019, respectively. SUPPLEMENTARY INFORMATION: Period of Investigation The period of investigation (POI) is October 1, 2013, through March 31, 2014. 1 See 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, 79 FR 70501 (November 26, 2014) (Preliminary Determination). 2 Singamas consists of Hui Zhou Pacific Container Co., Ltd., Qingdao Pacific Container Co., Ltd., Qidong Singamas Energy Equipment Co., Ltd., and their holding company Singamas Container Holding Limited. 3 See Singamas’ Letter to the Department, ‘‘53Foot Domestic Dry Containers from the People’s Republic of China: Ministerial Errors in the Preliminary Determination,’’ dated December 1, 2014. 4 Petitioner is Stoughton Trailers, LLC. 5 Petitioner’s Letter to the Department, ‘‘53-Foot Domestic Dry Containers from the People’s Republic of China,’’ dated December 1, 2014. 6 CIMC consists of China International Marine Containers (Group) Co., Ltd., China International Marine Containers (HK) Ltd., Xinhui CIMC Special Transportation Equipment Co., Ltd., Nantong CIMCSpecial Transportation Equipment Manufacture Co., Ltd., and Qingdao CIMC Container Manufacture Co., Ltd. 7 See 53-Foot Domestic Dry Containers from the People’s Republic of China: Amended Preliminary Determination of Sales at Less-than-Fair-Value, 79 VerDate Sep<11>2014 19:08 Apr 16, 2015 Jkt 235001 Scope Comments The Department received comments regarding the scope of this investigation from interested parties. As detailed in the accompanying Issues and Decision Memorandum,9 we have not made any changes to the scope.10 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 FR 78800 (December 31, 2014) (Amended Preliminary Determination). 8 See Verification of the Sales and Factors of Production Response of CIMC International Marine Containers (Group) Co., Ltd. (‘‘CIMC Group’’); China International Marine Containers (HK) Ltd. (‘‘CIMC HK’’); Guangdong Xinhui CIMC Special Transportation Equipment Co., Ltd. (‘‘Xinhui Special’’); Qingdao CIMC Containers Manufacture Co., Ltd. (‘‘Qingdao’’); Nantong CIMC-Special Transportation Equipment Manufacture Co., Ltd. (‘‘Nantong’’); and Xinhui CIMC Container Co., Ltd. (‘‘Xinhui Container’’) (collectively ‘‘CIMC’’) in the Antidumping Duty Investigation of 53-Foot Domestic Dry Containers (‘‘domestic dry containers’’) from the People’s Republic of China (the ‘‘PRC’’), dated February 26, 2015 (CIMC Verification Report); and Verification of the Sales and Factors of Production (FOPs) Response of Hui Zhou Pacific Container Co., Ltd. (HPCL); Qingdao Pacific Container Co., Ltd. (QPCL); Qidong Singamas Energy Equipment Co., Ltd. (QSCL); Singamas Container Holdings Limited (SCHL); and Singamas Management Services Limited (SMSL) (collectively, Singamas) in the Antidumping Duty Investigation of 53-Foot Domestic Dry Containers (domestic dry containers) from the People’s Republic of China (the PRC), dated February 26, 2015 (Singamas Verification Report). 9 See Memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, regarding ‘‘53-Foot Domestic Dry Containers from the People’s Republic of China: Issues and Decision Memorandum for the Final Determination of Sales at Less than Fair Value,’’ dated concurrently with this notice (Issues and Decision Memorandum). 10 See the Issues and Decision Memorandum at section, ‘‘Scope of the Investigation.’’ PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 length, which are designed for the intermodal transport 11 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). 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. For a complete description of the scope of the investigation, see Appendix II to this notice. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this investigation are addressed in the Issues and Decision Memorandum accompanying this notice, which is hereby adopted by this notice. A list of the issues which the parties raised and to which the Department responded in the memorandum appears in Appendix I of this notice. The Issues and 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 at http://iaaccess.trade.gov and is available to all parties in the Central Records Unit, Room 7046 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http:// enforcement.trade.gov/frn/. The signed and electronic versions of the memorandum are identical in content. Changes Since the Amended Preliminary Determination Based on our review and analysis of the comments received from parties, and minor corrections presented at verification, we made certain changes to CIMC’s and Singamas’s margin calculations since the Amended Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memorandum and the Final Analysis Memoranda, all dated concurrently with this notice.12 11 ‘‘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. 12 See Final Analysis Memorandum for the PRCWide Entity, and Final Analysis Memorandum for Hui Zhou Pacific Container Co., Ltd. (HPCL), E:\FR\FM\17APN1.SGM 17APN1 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices Combination Rates dumping margins exist for the period October 1, 2013, through March 31, 2014: Policy Bulletin 05.1 sets forth this practice.14 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.13 Final Determination The Department determines that the following estimated weighted-average Weightedaverage 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 PRC-Wide Entity 15 ................................................................... Hui Zhou Pacific Container Co., Ltd./Qingdao Pacific Container Co., Ltd./Qidong Singamas Energy Equipment Co., Ltd. ................................................................................................... Disclosure We intend to disclose to parties the calculations performed in this proceeding within five days of any public announcement of this notice in accordance with 19 CFR 351.224(b). Final Negative Determination of Critical Circumstances No parties made any comments on our critical circumstances analysis announced in the Preliminary Determination, which is hereby adopted by this notice. In the Preliminary Determination, the Department stated that it did not preliminarily find critical circumstances because Petitioner did not allege that there has been a history of dumping and material injury pursuant to section 733(e)(1)(A)(i) of the Act and did not provide any evidence that importers knew or should have known that there was likely to be material injury by reason of such sales in a situation where the U.S. industry has not been established.16 Thus, pursuant to 735(a)(3) of the Act, we continue to find that critical circumstances do not exist with respect to imports of domestic dry containers from the PRC from Singamas and the company covered by the PRC-wide rate. Continuation of Suspension of Liquidation tkelley on DSK3SPTVN1PROD with NOTICES In accordance with section 735(c)(1)(B) of the Act, we will instruct Qingdao Pacific Container Co., Ltd. (QPCL), Qidong Singamas Energy Equipment Co., Ltd. (QSCL), and Singamas Management Services Limited (SMSL) and their holding company Singamas Container Holdings Limited (collectively, Singamas), dated April 10, 2015. 13 See 53-Foot Domestic Dry Containers From the People’s Republic of China: Initiation of Antidumping Duty Investigations, 79 FR 28674, 28683 (May 19, 2014) (Initiation Notice). 14 See Enforcement and Compliance Policy Bulletin No. 05.1 ‘‘Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,’’ (April 5, 2005) (Policy Bulletin 05.1), VerDate Sep<11>2014 19:08 Apr 16, 2015 Jkt 235001 21205 111.22 107.19 U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of domestic dry containers from the PRC, as described in the ‘‘Scope of the Investigation’’ section of this notice and which were entered, or withdrawn from warehouse, for consumption on or after November 26, 2014, the date of publication of the Preliminary Determination in the Federal Register. Pursuant to 19 CFR 351.205(d), we will instruct CBP to require a cash deposit 17 for all suspended entries at an ad valorum rate equal to the weightedaverage amount by which normal value exceeds U.S. price, adjusted where appropriate for export subsidies and estimated domestic subsidy passthrough,18 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 cashdeposit rate will be the cash deposit rate established for the PRC-wide entity, 107.19 percent; and (3) for all non-PRC exporters of the merchandise under consideration which have not received their own separate rate above, the cashdeposit 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 the normal value exceeds export price or constructed export price, less the amount of any countervailing duty (CVD) determined to constitute an export subsidy. With respect to the PRCwide entity (which is based on CIMC’s data), export subsidies constitute 11.67 percent of CIMC’s final calculated CVD rate in the companion CVD investigation. Therefore, we will offset the PRC-wide rate of 107.19 percent by the CVD rate attributable to export subsidies (i.e., 11.67 percent) to calculate the final PRC-wide entity cash deposit rate for this LTFV investigation.19 With respect to Singamas, export subsidies constitute 10.54 percent of Singamas’s final calculated CVD rate in the companion CVD investigation. Therefore, we will offset Singamas’s rate of 111.22 percent by the CVD rate attributable to export subsidies (i.e., 10.54 percent) to calculate the final Singamas cash deposit rate for this LTFV investigation.20 We are also adjusting the preliminary cash deposit rate for estimated domestic subsidy pass-through for Singamas (i.e., available on the Department’s Web site at http:// enforcement.trade.gov/policy/bull05-1.pdf. 15 As detailed in the Issues and Decision Memorandum, we continue to find that CIMC did not demonstrate that it is entitled to a separate rate, and we consider CIMC to be the PRC-Wide Entity. 16See Preliminary Determination, Preliminary Determination Memorandum at 27–28. 17 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). 18 See sections 772(c)(1)(C) and 777A(f) of the Act, respectively. Unlike in administrative reviews, the Department calculates the adjustment for export subsidies in investigations not in the margincalculation program, 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. 19 See 53-Foot Domestic Dry Containers from the People’s Republic of China: Final Affirmative Countervailing Duty Determination and accompanying Issues and Decision Memorandum. The final determination in this companion CVD proceeding is being concurrently released on the same day as this final determination. 20 Id. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\17APN1.SGM 17APN1 21206 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices 5.87 percent). However, we are not adjusting the PRC-wide entity final determination rate for estimated domestic subsidy pass-through because we have no basis upon which to make such an adjustment. tkelley on DSK3SPTVN1PROD with NOTICES International Trade Commission Notification In accordance with section 735(d) of the Act, we notified the International Trade Commission (ITC) of the final affirmative determination of sales at less than fair value. Because the final determination in this proceeding is affirmative, the ITC will make its final determination, in accordance with section 735(b)(2) of the Act, as to whether the domestic industry in the United States is materially injured, threatened with material injury, or the establishment of an industry in the United States is materially retarded by reason of imports of domestic dry containers from the PRC no later than 45 days after our final determination. If the ITC determines that material injury, threat of material injury, or material retardation, does not exist, this proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury or material retardation does exist, then the Department will issue an antidumping duty order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. We are making available to the ITC all non-privileged and non-proprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. Notification Regarding Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective orders (APOs) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. VerDate Sep<11>2014 19:08 Apr 16, 2015 Jkt 235001 This determination and notice are issued and published pursuant to sections 735(d) and 777(i)(1) of the Act. Dated: April 10, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. List of Issues III. Background IV. Scope of the Investigation V. Period of Investigation VI. Use of Facts Otherwise Available and Adverse Inferences VII. Changes Since the Amended Preliminary Determination VIII. Discussion of Interested Party Comments A. General Issues Comment 1: Scope Exclusion Request Comment 2: Surrogate Value for Ocean Freight Comment 3: Surrogate Value for ‘‘Wood Flooring—Other’’ Comment 4: Whether to Deduct Return Transportation Costs for Wide-Top Pick (WTP) Lift-Off Bars from U.S. Net Price B. CIMC-Specific Issues Comment 5: Proper Valuation of Ocean Freight and Brokerage and Handling Expenses Comment 6: Alleged Unreported U.S. Brokerage and Handling Expenses Comment 7: Capping of Ocean Freight Revenue by Ocean Freight Expense Comment 8: Surrogate Value for Corner Castings Comment 9: Incorrect Calculation of CIMC’s ‘‘Wood Flooring—Other’’ Surrogate Value Comment 10: Separate Rate Determination C. Singamas-Specific Issues Comment 11: Surrogate Value for Hinges Comment 12: Steel Coil Factor-of-Production (FOP) Should Be Increased to Account for Yield Loss VII. Conclusion Appendix II 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 21 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 21 ‘‘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. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 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 22 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 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 22 ‘‘Double-stacking’’ refers to two levels of intermodal containers on a rail car, one on top of the other. E:\FR\FM\17APN1.SGM 17APN1 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices 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 CFR10.41a 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. [FR Doc. 2015–08903 Filed 4–16–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Adminstration [A–570–018] Boltless Steel Shelving Units Prepackaged for Sale From the People’s Republic of China: Amended Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination Enforcement and Compliance, International Trade Administration, Commerce. SUMMARY: On April 1, 2015, the Department of Commerce (‘‘Department’’) published the Preliminary Determination of sales at less than fair value (‘‘LTFV’’) in the antidumping duty investigation of boltless steel shelving units prepackaged for sale (‘‘boltless steel shelving’’) from the People’s Republic of China (‘‘PRC’’).1 We are amending our Preliminary Determination to correct a ministerial error with respect to the identification of companies receiving a separate rate. Specifically, we are amending the Preliminary Determination to grant a separate rate to HoiFat (NingBo) Office Facilities Co., Ltd. (‘‘Hoifat’’). DATES: Effective: April 1, 2015. FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, tkelley on DSK3SPTVN1PROD with NOTICES AGENCY: 1 See Boltless Steel Shelving Units Prepackaged for Sale from the People’s Republic of China: Preliminary Determination of Sales at Less than Fair Value, 80 FR 17409 (April 1, 2015) (‘‘Preliminary Determination’’). VerDate Sep<11>2014 19:08 Apr 16, 2015 Jkt 235001 U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–2593. SUPPLEMENTARY INFORMATION: As noted above, on April 1, 2015, the Department published in the Federal Register the Preliminary Determination that boltless steel shelving from the PRC is being, or is likely to be, sold in the United States at LTFV, as provided in section 733 of the Tariff Act of 1930, as amended (‘‘Act’’).2 On March 30, 2015, Hoifat filed timely allegations of ministerial errors contained in the Department’s Preliminary Determination.3 Period of Investigation The period of investigation (‘‘POI’’) is January 1, 2014, through June 30, 2014.4 Scope of Investigation The scope of this investigation covers boltless steel shelving units prepackaged for sale, with or without decks (‘‘boltless steel shelving’’). The term ‘‘prepackaged for sale’’ means that, at a minimum, the steel vertical supports (i.e., uprights and posts) and steel horizontal supports (i.e., beams, braces) necessary to assemble a completed shelving unit (with or without decks) are packaged together for ultimate purchase by the end-user. Subject boltless steel shelving enters the United States through Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) statistical subheadings 9403.20.0018 and 9403.20.0020, but may also enter through HTSUS 9403.10.0040. While HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive.5 Significant Ministerial Error Pursuant to 19 CFR 351.224(e) and (g)(1), the Department is amending the Preliminary Determination to reflect the correction of a significant ministerial error it made in the margin assigned to Hoifat, a separate rate applicant. A ministerial error is defined as errors in addition, subtraction, or other 2 See Preliminary Determination. Letter to the Secretary of Commerce from Hoifat ‘‘Ministerial Error Comment’’ (March 30, 2015) (‘‘Hoifat Ministerial Comment’’). 4 See 19 CFR 351.204(b)(1). 5 For a complete description of the scope of the investigation, see Memorandum from Kabir Archuletta, Senior International Trade Analyst, Office V, to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ‘‘Antidumping Duty Investigation of Boltless Steel Shelving Units Prepackaged for Sale from the People’s Republic of China: Analysis of Ministerial Error Allegation,’’ which is dated concurrently with and hereby adopted by this notice. 3 See PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 21207 arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial.6 A significant ministerial error is defined as a ministerial error, the correction of which, singly or in combination with other errors, would result in (1) a change of at least five absolute percentage points in, but not less than 25 percent of, the weightedaverage dumping margin calculated in the original (erroneous) preliminary determination, or (2) a difference between a weighted-average dumping margin of zero or de minimis and a weighted-average dumping margin of greater than de minimis or vice versa.7 As a result of this amended preliminary determination, we have added Hoifat to the list of exporters that received a separate rate.8 Ministerial Error Allegations On March 30, 2015, Hoifat, a separate rate applicant,9 submitted a ministerial error allegation claiming that although Hoifat filed a quantity and value response and a separate rate application in this investigation, its separate rate status was not analyzed and it was not named in the Preliminary Determination as one of the exporters receiving a separate rate.10 The Department reviewed the record and agrees that this constitutes a significant ministerial error within the meaning of 19 CFR 351.224(g). In its SRA, Hoifat submitted information supporting a preliminary finding of an absence of de jure and de facto government control.11 Accordingly, we preliminarily determine that Hoifat is eligible for a separate rate, because the failure to conduct a separate rate analysis was an unintentional error. Further, this error was significant because Hoifat’s margin increased from the separate rate of 52.23 to the PRC-wide rate of 112.68 as a result of this error, thus exceeding the significant error threshold because a correction of this error results in a change of at least five absolute percentage points. The collection of cash deposits and suspension of liquidation will be revised accordingly in accordance with 6 See section 735(e) of the Act. 19 CFR 351.224(g). 8 See the ‘‘Amended Preliminary Determination’’ section below. 9 See Letter to the Secretary of Commerce from Hoifat ‘‘Separate Rate Application’’ (November 21, 2014) (‘‘SRA’’). 10 See Hoifat Ministerial Comment. 11 See Letter to the Secretary of Commerce from Hoifat ‘‘Separate Rate Application’’ (November 21, 2014) at 5–15 and Exhibits 3–14. 7 See E:\FR\FM\17APN1.SGM 17APN1

Agencies

[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)]
[Notices]
[Pages 21203-21207]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08903]


=======================================================================
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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: Final Determination of Sales at Less Than Fair Value; Final 
Negative Determination of Critical Circumstances

AGENCY: Enforcement and Compliance, International Trade Administration, 
Commerce.

SUMMARY: The Department of Commerce (the Department) determines that 
imports of 53-foot domestic dry containers (domestic dry containers) 
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 735 of the Tariff Act of 1930, as amended (the 
Act). The final weighted-average dumping margins for the investigation 
on domestic dry

[[Page 21204]]

containers from the PRC are listed below in the ``Final Determination'' 
section of this notice.

DATES: Effective: April 17, 2015.

FOR FURTHER INFORMATION CONTACT: Brian Davis (Singamas), John Drury 
(CIMC), or Angelica Townshend, 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, (202) 482-0195 or 
(202) 482-3019, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 26, 2014, the Department published the preliminary 
determination of the LTFV investigation of domestic dry containers from 
the PRC in the Federal Register.\1\ The following events occurred since 
then. On December 9, 2014, we received scope comments from interested 
parties Crowley Maritime Corporation and Crowley Liner Services, Inc., 
and Sea Star Lines LLC (collectively, ``Crowley''). On December 1, 
2014, respondent Singamas \2\ submitted timely ministerial error 
allegations with respect to the Department's calculation the weighted-
average dumping margin for Singamas.\3\ Also on December 1, 2014, 
Petitioner \4\ submitted ministerial error allegations \5\ with respect 
to respondent CIMC.\6\ We received no rebuttal comments regarding these 
allegations. On December 31, 2014, we published the amended preliminary 
determination in the Federal Register.\7\ Between January 12, 2015, and 
January 23, 2015, the Department conducted verification of the 
mandatory respondents CIMC and Singamas. The Department issued the 
sales and factors-of-production verification reports for both CIMC and 
Singamas on February 26, 2015.\8\ On March 10, 2015, Petitioner, 
Crowley, CIMC, and Singamas filed case briefs (which included scope 
comments). On March 16, 2015, Petitioner, Crowley, CIMC, and Singamas 
filed rebuttal briefs (which included scope comments). The Department 
did not hold a hearing as all requests for a hearing were withdrawn.
---------------------------------------------------------------------------

    \1\ See 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, 79 FR 70501 (November 26, 2014) 
(Preliminary Determination).
    \2\ Singamas consists of Hui Zhou Pacific Container Co., Ltd., 
Qingdao Pacific Container Co., Ltd., Qidong Singamas Energy 
Equipment Co., Ltd., and their holding company Singamas Container 
Holding Limited.
    \3\ See Singamas' Letter to the Department, ``53-Foot Domestic 
Dry Containers from the People's Republic of China: Ministerial 
Errors in the Preliminary Determination,'' dated December 1, 2014.
    \4\ Petitioner is Stoughton Trailers, LLC.
    \5\ Petitioner's Letter to the Department, ``53-Foot Domestic 
Dry Containers from the People's Republic of China,'' dated December 
1, 2014.
    \6\ CIMC consists of 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.
    \7\ See 53-Foot Domestic Dry Containers from the People's 
Republic of China: Amended Preliminary Determination of Sales at 
Less-than-Fair-Value, 79 FR 78800 (December 31, 2014) (Amended 
Preliminary Determination).
    \8\ See Verification of the Sales and Factors of Production 
Response of CIMC International Marine Containers (Group) Co., Ltd. 
(``CIMC Group''); China International Marine Containers (HK) Ltd. 
(``CIMC HK''); Guangdong Xinhui CIMC Special Transportation 
Equipment Co., Ltd. (``Xinhui Special''); Qingdao CIMC Containers 
Manufacture Co., Ltd. (``Qingdao''); Nantong CIMC-Special 
Transportation Equipment Manufacture Co., Ltd. (``Nantong''); and 
Xinhui CIMC Container Co., Ltd. (``Xinhui Container'') (collectively 
``CIMC'') in the Antidumping Duty Investigation of 53-Foot Domestic 
Dry Containers (``domestic dry containers'') from the People's 
Republic of China (the ``PRC''), dated February 26, 2015 (CIMC 
Verification Report); and Verification of the Sales and Factors of 
Production (FOPs) Response of Hui Zhou Pacific Container Co., Ltd. 
(HPCL); Qingdao Pacific Container Co., Ltd. (QPCL); Qidong Singamas 
Energy Equipment Co., Ltd. (QSCL); Singamas Container Holdings 
Limited (SCHL); and Singamas Management Services Limited (SMSL) 
(collectively, Singamas) in the Antidumping Duty Investigation of 
53-Foot Domestic Dry Containers (domestic dry containers) from the 
People's Republic of China (the PRC), dated February 26, 2015 
(Singamas Verification Report).
---------------------------------------------------------------------------

Period of Investigation

    The period of investigation (POI) is October 1, 2013, through March 
31, 2014.

Scope Comments

    The Department received comments regarding the scope of this 
investigation from interested parties. As detailed in the accompanying 
Issues and Decision Memorandum,\9\ we have not made any changes to the 
scope.\10\
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    \9\ See Memorandum to Ronald K. Lorentzen, Acting Assistant 
Secretary for Enforcement and Compliance, from Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, regarding ``53-Foot Domestic Dry Containers from the 
People's Republic of China: Issues and Decision Memorandum for the 
Final Determination of Sales at Less than Fair Value,'' dated 
concurrently with this notice (Issues and Decision Memorandum).
    \10\ See the Issues and Decision Memorandum at section, ``Scope 
of the Investigation.''
---------------------------------------------------------------------------

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 \11\ 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). 
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. For a complete description of the scope 
of the investigation, see Appendix II to this notice.
---------------------------------------------------------------------------

    \11\ ``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.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this investigation are addressed in the Issues and Decision Memorandum 
accompanying this notice, which is hereby adopted by this notice. A 
list of the issues which the parties raised and to which the Department 
responded in the memorandum appears in Appendix I of this notice. The 
Issues and 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 at http://iaaccess.trade.gov 
and is available to all parties in the Central Records Unit, Room 7046 
of the main Department of Commerce building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/. The signed and electronic 
versions of the memorandum are identical in content.

Changes Since the Amended Preliminary Determination

    Based on our review and analysis of the comments received from 
parties, and minor corrections presented at verification, we made 
certain changes to CIMC's and Singamas's margin calculations since the 
Amended Preliminary Determination. For a discussion of these changes, 
see the Issues and Decision Memorandum and the Final Analysis 
Memoranda, all dated concurrently with this notice.\12\
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    \12\ See Final Analysis Memorandum for the PRC-Wide Entity, and 
Final Analysis Memorandum for Hui Zhou Pacific Container Co., Ltd. 
(HPCL), Qingdao Pacific Container Co., Ltd. (QPCL), Qidong Singamas 
Energy Equipment Co., Ltd. (QSCL), and Singamas Management Services 
Limited (SMSL) and their holding company Singamas Container Holdings 
Limited (collectively, Singamas), dated April 10, 2015.

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[[Page 21205]]

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.\13\ Policy Bulletin 05.1 sets 
forth this practice.\14\
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    \13\ See 53-Foot Domestic Dry Containers From the People's 
Republic of China: Initiation of Antidumping Duty Investigations, 79 
FR 28674, 28683 (May 19, 2014) (Initiation Notice).
    \14\ See Enforcement and Compliance Policy Bulletin No. 05.1 
``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 http://enforcement.trade.gov/policy/bull05-1.pdf.
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Final Determination

    The Department determines that the following estimated weighted-
average dumping margins exist for the period October 1, 2013, through 
March 31, 2014:
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    \15\ As detailed in the Issues and Decision Memorandum, we 
continue to find that CIMC did not demonstrate that it is entitled 
to a separate rate, and we consider CIMC to be the PRC-Wide Entity.

------------------------------------------------------------------------
                                                            Weighted-
           Exporter                    Producer         average  dumping
                                                        margin (percent)
------------------------------------------------------------------------
Hui Zhou Pacific Container      Hui Zhou Pacific                  111.22
 Co., Ltd./Qingdao Pacific       Container Co., Ltd./
 Container Co., Ltd./Qidong      Qingdao Pacific
 Singamas Energy Equipment       Container Co., Ltd./
 Co., Ltd./Singamas Management   Qidong Singamas
 Services Limited                Energy Equipment Co.,
                                 Ltd.
PRC-Wide Entity \15\..........  ......................            107.19
------------------------------------------------------------------------

Disclosure

    We intend to disclose to parties the calculations performed in this 
proceeding within five days of any public announcement of this notice 
in accordance with 19 CFR 351.224(b).

Final Negative Determination of Critical Circumstances

    No parties made any comments on our critical circumstances analysis 
announced in the Preliminary Determination, which is hereby adopted by 
this notice. In the Preliminary Determination, the Department stated 
that it did not preliminarily find critical circumstances because 
Petitioner did not allege that there has been a history of dumping and 
material injury pursuant to section 733(e)(1)(A)(i) of the Act and did 
not provide any evidence that importers knew or should have known that 
there was likely to be material injury by reason of such sales in a 
situation where the U.S. industry has not been established.\16\ Thus, 
pursuant to 735(a)(3) of the Act, we continue to find that critical 
circumstances do not exist with respect to imports of domestic dry 
containers from the PRC from Singamas and the company covered by the 
PRC-wide rate.
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    \16\See Preliminary Determination, Preliminary Determination 
Memorandum at 27-28.
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Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of domestic dry 
containers from the PRC, as described in the ``Scope of the 
Investigation'' section of this notice and which were entered, or 
withdrawn from warehouse, for consumption on or after November 26, 
2014, the date of publication of the Preliminary Determination in the 
Federal Register.
    Pursuant to 19 CFR 351.205(d), we will instruct CBP to require a 
cash deposit \17\ for all suspended entries at an ad valorum rate equal 
to the weighted-average amount by which normal value exceeds U.S. 
price, adjusted where appropriate for export subsidies and estimated 
domestic subsidy pass-through,\18\ 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, 107.19 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.
---------------------------------------------------------------------------

    \17\ 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).
    \18\ See sections 772(c)(1)(C) and 777A(f) of the Act, 
respectively. Unlike in administrative reviews, the Department 
calculates the adjustment for export subsidies in investigations not 
in the margin-calculation program, 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.
---------------------------------------------------------------------------

    Furthermore, as stated above and consistent with our practice, we 
will instruct CBP to require a cash deposit equal to the amount by 
which the normal value exceeds export price or constructed export 
price, less the amount of any countervailing duty (CVD) determined to 
constitute an export subsidy. With respect to the PRC-wide entity 
(which is based on CIMC's data), export subsidies constitute 11.67 
percent of CIMC's final calculated CVD rate in the companion CVD 
investigation. Therefore, we will offset the PRC-wide rate of 107.19 
percent by the CVD rate attributable to export subsidies (i.e., 11.67 
percent) to calculate the final PRC-wide entity cash deposit rate for 
this LTFV investigation.\19\ With respect to Singamas, export subsidies 
constitute 10.54 percent of Singamas's final calculated CVD rate in the 
companion CVD investigation. Therefore, we will offset Singamas's rate 
of 111.22 percent by the CVD rate attributable to export subsidies 
(i.e., 10.54 percent) to calculate the final Singamas cash deposit rate 
for this LTFV investigation.\20\
---------------------------------------------------------------------------

    \19\ See 53-Foot Domestic Dry Containers from the People's 
Republic of China: Final Affirmative Countervailing Duty 
Determination and accompanying Issues and Decision Memorandum. The 
final determination in this companion CVD proceeding is being 
concurrently released on the same day as this final determination.
    \20\ Id.
---------------------------------------------------------------------------

    We are also adjusting the preliminary cash deposit rate for 
estimated domestic subsidy pass-through for Singamas (i.e.,

[[Page 21206]]

5.87 percent). However, we are not adjusting the PRC-wide entity final 
determination rate for estimated domestic subsidy pass-through because 
we have no basis upon which to make such an adjustment.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we notified the 
International Trade Commission (ITC) of the final affirmative 
determination of sales at less than fair value. Because the final 
determination in this proceeding is affirmative, the ITC will make its 
final determination, in accordance with section 735(b)(2) of the Act, 
as to whether the domestic industry in the United States is materially 
injured, threatened with material injury, or the establishment of an 
industry in the United States is materially retarded by reason of 
imports of domestic dry containers from the PRC no later than 45 days 
after our final determination. If the ITC determines that material 
injury, threat of material injury, or material retardation, does not 
exist, this proceeding will be terminated and all securities posted 
will be refunded or canceled. If the ITC determines that such injury or 
material retardation does exist, then the Department will issue an 
antidumping duty order directing CBP to assess, upon further 
instruction by the Department, antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation. We are making available to the ITC all non-privileged and 
non-proprietary information related to this investigation. We will 
allow the ITC access to all privileged and business proprietary 
information in our files, provided the ITC confirms that it will not 
disclose such information, either publicly or under an administrative 
protective order (APO), without the written consent of the Assistant 
Secretary for Enforcement and Compliance.

Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials, or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and the terms of an APO is a 
sanctionable violation.
    This determination and notice are issued and published pursuant to 
sections 735(d) and 777(i)(1) of the Act.

     Dated: April 10, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. List of Issues
III. Background
IV. Scope of the Investigation
V. Period of Investigation
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Changes Since the Amended Preliminary Determination
VIII. Discussion of Interested Party Comments

A. General Issues

Comment 1: Scope Exclusion Request
Comment 2: Surrogate Value for Ocean Freight
Comment 3: Surrogate Value for ``Wood Flooring--Other''
Comment 4: Whether to Deduct Return Transportation Costs for Wide-
Top Pick (WTP) Lift-Off Bars from U.S. Net Price

B. CIMC-Specific Issues

Comment 5: Proper Valuation of Ocean Freight and Brokerage and 
Handling Expenses
Comment 6: Alleged Unreported U.S. Brokerage and Handling Expenses
Comment 7: Capping of Ocean Freight Revenue by Ocean Freight Expense
Comment 8: Surrogate Value for Corner Castings
Comment 9: Incorrect Calculation of CIMC's ``Wood Flooring--Other'' 
Surrogate Value
Comment 10: Separate Rate Determination

C. Singamas-Specific Issues

Comment 11: Surrogate Value for Hinges
Comment 12: Steel Coil Factor-of-Production (FOP) Should Be 
Increased to Account for Yield Loss
VII. Conclusion

Appendix II

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 \21\ 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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    \21\ ``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.
---------------------------------------------------------------------------

    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 \22\ in intermodal 
transportation, and otherwise meet the scope definition for the 
subject merchandise.
---------------------------------------------------------------------------

    \22\ ``Double-stacking'' refers to two levels of intermodal 
containers on a rail car, one on top of the other.
---------------------------------------------------------------------------

    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

[[Page 21207]]

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 CFR10.41a 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.

[FR Doc. 2015-08903 Filed 4-16-15; 8:45 am]
 BILLING CODE 3510-DS-P