Large Residential Washers From the Republic of Korea: Partial Rescission of Antidumping Duty Administrative Review; 2014-2015, 55091-55092 [2015-23051]
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Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Notices
and 8501.31.8000 of the Harmonized
Tariff Schedule of the United States
(‘‘HTSUS’’). Although the HTSUS
subheadings are provided for
convenience and customs purposes, our
written description of the scope of the
order is dispositive.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties are addressed
in the Issues and Decision
Memorandum.4 A list of the issues
which parties raised is attached to this
notice as an Appendix.
Bona Fide Analysis
For the Preliminary Rescission, the
Department analyzed the bona fides of
DMEGC’s single sale and preliminarily
found it to be a non-bona fide sale.5
Based on the Department’s complete
analysis of all of the information and
comments on the record of this review,
the Department continues to find
DMEGC’s sale to be a non-bona fide
sale. The Department reached this
conclusion based on the totality of
circumstances, namely: (a) The atypical
nature of the price and sale quantity; (b)
DMEGC’s failure to demonstrate that its
first unaffiliated customer resold the
merchandise at a profit; (c) the timing of
the sale; and (d) issues concerning
payment.6 For a complete discussion,
see the Issues and Decision
Memorandum.7
Rescission of New Shipper Review
For the foregoing reasons, the
Department finds that DMEGC’s sale is
a non-bona fide sale and that this sale
does not provide a reasonable or reliable
basis for calculating a dumping margin.
Because this non-bona fide sale was
DMEGC’s only sale of subject
tkelley on DSK3SPTVN1PROD with NOTICES
4 Id.
5 See ‘‘Decision Memorandum for the Preliminary
Rescission of the 2013–2014 Antidumping Duty
New Shipper Review: Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into
Modules, from the People’s Republic of China’’
from Christian Marsh, Deputy Assistant Secretary
for Antidumping and Countervailing Operations, to
Ronald K. Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, dated April 7, 2015.
6 See Issues and Decision Memorandum.
7 Id. Further, because a significant amount of the
information discussed may not be publicly
disclosed, the Department addressed the issue in a
separate business proprietary memorandum. See
Memorandum to Edward Yang Senior Director,
Office VII, Antidumping and Countervailing Duty
Operations, from Abdelali Elouaradia, Director,
Office IV, Antidumping and Countervailing Duty
Operations: ‘‘2013–2014 Antidumping Duty New
Shipper Review of Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled Into Modules,
from the People’s Republic of China: Comments in
the Issues and Decision Memorandum Containing
Business Proprietary Information,’’ dated
concurrently with this notice.
VerDate Sep<11>2014
18:15 Sep 11, 2015
Jkt 235001
merchandise during the POR, the
Department is rescinding this NSR.
Assessment
As the Department is rescinding this
NSR, we have not calculated a
company-specific dumping margin for
DMEGC. DMEGC remains part of the
PRC-wide entity and, accordingly, its
entries will be assessed at the PRC-wide
rate.
Cash Deposit Requirements
Effective upon publication of this
notice of final rescission of the NSR of
DMEGC, the Department will instruct
U.S. Customs and Border Protection to
discontinue the option of posting a bond
or security in lieu of a cash deposit for
entries of subject merchandise from
DMEGC. Because we did not calculate a
dumping margin for DMEGC or grant
DMEGC a separate rate in this review,
DMEGC continues to be part of the PRCwide entity. The cash deposit rate for
the PRC-wide entity is 238.95 percent.
These cash deposit requirements shall
remain in effect until further notice.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to Administrative
Protective Order (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in these segments of the
proceeding. 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 terms of an APO is a violation
which is subject to sanction.
We are issuing and publishing this
notice in accordance with sections
751(a)(2)(B) and 777(i) of the Tariff Act
of 1930, as amended, and 19 CFR
351.214.
Dated: September 4, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—Issues and Decision
Memorandum
Summary
Background
Scope of the Order
Discussion of the Issues
Comment 1: Commerce’s Bona Fide Analysis
for DMEGC
Comment 2: Surrogate Country and Value
Selection
Recommendation
[FR Doc. 2015–23049 Filed 9–11–15; 8:45 am]
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55091
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–868]
Large Residential Washers From the
Republic of Korea: Partial Rescission
of Antidumping Duty Administrative
Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is partially rescinding
its administrative review of the
antidumping duty order on large
residential washers (LRW) from the
Republic of Korea (Korea) for the period
of review February 1, 2014, through
January 31, 2015 (POR).
DATES: Effective Date: September 14,
2015.
FOR FURTHER INFORMATION CONTACT:
David Goldberger or Reza Karamloo,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–4136 or (202) 482–4470,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 2, 2015, the Department
published in the Federal Register a
notice of ‘‘Opportunity to Request
Administrative Review’’ of the
antidumping duty order on LRW from
Korea for the POR.1
On February 11, 2015, in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.213(b), the Department received a
timely request from LG Electronics, Inc.
and its affiliate LG Electronics USA, Inc.
(collectively, LG) to conduct a review of
LG’s sales and shipments to the United
States during the POR. On February 26,
2015, Whirlpool Corporation, the
petitioner, requested that the
Department conduct an administrative
review of the sales of LG, Samsung
Electronics Co., Ltd. (Samsung), and
Daewoo Electronics Corporation
(Daewoo).2
On April 3, 2015, the Department
published in the Federal Register a
notice of initiation of an administrative
review of the antidumping duty order
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 80 FR 5509
(February 2, 2015).
2 See February 11 and 26, 2015, letters from LG
and the petitioner, respectively, regarding request
for administrative review.
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55092
Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Notices
on LRW from Korea with respect to the
above-named companies.3
On May 29, 2015, the petitioner
timely withdrew its request for a review
of Samsung and Daewoo.4
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the
Department will rescind an
administrative review, in whole or in
part, if the parties that requested a
review withdraw the request within 90
days of the date of publication of notice
of initiation of the requested review.
The petitioner’s withdrawal request was
filed before the 90-day deadline.
Therefore, in response to the
withdrawal of request for review of
Samsung and Daewoo, and pursuant to
19 CFR 351.213(d)(1), we are rescinding
this review with regard to these
companies. The instant review will
continue with respect to LG.
Assessment
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on all
appropriate entries. For the companies
for which this review is rescinded,
antidumping duties shall be assessed at
rates equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption, in
accordance with 19 CFR
351.212(c)(1)(i). The Department
intends to issue appropriate assessment
instructions directly to CBP 15 days
after the date of publication of this
notice in the Federal Register.
tkelley on DSK3SPTVN1PROD with NOTICES
Notification to Importers
This notice serves as the only
reminder to importers of their
responsibility, under 19 CFR
351.402(f)(2), to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement may result in the
presumption that reimbursement of
antidumping and/or countervailing
duties occurred and the subsequent
assessment of double antidumping
duties.
Notification Regarding Administrative
Protective Order
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 80 FR
18202 (April 3, 2015).
4 See May 29, 2015, letter from the petitioner
regarding withdrawal of request for review.
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18:15 Sep 11, 2015
Jkt 235001
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return/
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 notice is published in
accordance with section 751 of the Act
and 19 CFR 351.213(d)(4).
Dated: September 8, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2015–23051 Filed 9–11–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–801]
Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam:
Preliminary Results and Partial
Rescission of the Antidumping Duty
Administrative Review; 2013–2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is conducting the
11th administrative review of the
antidumping duty order on certain
frozen fish fillets (‘‘fish fillets’’) from the
Socialist Republic of Vietnam
(‘‘Vietnam’’).1 The Department
preliminarily determines that the Hung
Vuong Group (‘‘HVG’’) 2 and Thuan An
Production Trading and Service Co.,
Ltd. (‘‘TAFISHCO’’) sold subject
merchandise in the United States at
prices below normal value (‘‘NV’’)
during the period of review (‘‘POR’’)
August 1, 2013, through July 31, 2014.
If these preliminary results are adopted
in the final results, the Department will
instruct U.S. Customs and Border
Protection (‘‘CBP’’) to assess
antidumping duties on all appropriate
AGENCY:
1 See Notice of Antidumping Duty Order: Certain
Frozen Fish Fillets from the Socialist Republic of
Vietnam, 68 FR 47909 (August 12, 2003) (‘‘Order’’).
2 The Department previously found that An Giang
Fisheries Import & Export Joint Stock Company
(‘‘Agifish’’) is a member of the Hung Vuong Group,
which also includes Asia Pangasius Company
Limited, Europe Joint Stock Company, Hung Vuong
Joint Stock Company, Hung Vuong Mascato
Company Limited, Hung Vuong—Vinh Long Co.,
Ltd. and Hung Vuong—Sa Dec Co., Ltd. See Certain
Frozen Fish Fillets From the Socialist Republic of
Vietnam: Final Results of the Antidumping Duty
Administrative Review and New Shipper Review;
2011–2012, 79 FR 19053 (April 7, 2014).
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entries of subject merchandise during
the POR. Interested parties are invited to
comment on these preliminary results.
DATES: Effective date: September 14,
2015.
FOR FURTHER INFORMATION CONTACT:
Javier Barrientos or Jerry Huang, AD/
CVD Operations, Office V, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone 202–482–2243 or 202–482–
4047, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 30, 2014, the
Department initiated the 11th
administrative review of the
antidumping duty order on fish fillets
from Vietnam for the period August 1,
2013, through July 31, 2014.3 On April
8, 2015, the Department partially
extended the deadline for issuing the
preliminary results by 106 days.4 On
August 11, 2015, the Department further
extended the deadline for issuing the
preliminary results by 14 days.5 The
revised deadline for the preliminary
results of this administrative is now
August 31, 2015.
Scope of the Order
The product covered by the order is
frozen fish fillets, including regular,
shank, and strip fillets and portions
thereof, whether or not breaded or
marinated, of the species Pangasius
Bocourti, Pangasius Hypophthalmus
(also known as Pangasius Pangasius)
and Pangasius Micronemus. These
products are classifiable under tariff
article codes 0304.29.6033,
0304.62.0020, 0305.59.0000,
0305.59.4000, 1604.19.2000,
1604.19.2100, 1604.19.3000,
1604.19.3100, 1604.19.4000,
1604.19.4100, 1604.19.5000,
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 79 FR
58729 (September 30, 2014) (‘‘Initiation Notice’’).
4 See Memorandum to James P. Maeder, Senior
Director, Office I, Antidumping and Countervailing
Duty Operations, through James C. Doyle, Director,
Office V, Antidumping and Countervailing Duty
Operations regarding ‘‘Certain Frozen Fish Fillets
from the Socialist Republic of Vietnam: Extension
of Deadline for Preliminary Results of 2013–2014
Antidumping Duty Administrative Review,’’ dated
April 8, 2015.
5 See Memorandum to Gary Taverman, Associate
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, through James C.
Doyle, Director, Office V, Antidumping and
Countervailing Duty Operations regarding ‘‘Certain
Frozen Fish Fillets from the Socialist Republic of
Vietnam: Second Extension of Deadline for
Preliminary Results of 2013–2014 Antidumping
Duty Administrative Review,’’ dated August 11,
2015.
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[Federal Register Volume 80, Number 177 (Monday, September 14, 2015)]
[Notices]
[Pages 55091-55092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23051]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-868]
Large Residential Washers From the Republic of Korea: Partial
Rescission of Antidumping Duty Administrative Review; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is partially
rescinding its administrative review of the antidumping duty order on
large residential washers (LRW) from the Republic of Korea (Korea) for
the period of review February 1, 2014, through January 31, 2015 (POR).
DATES: Effective Date: September 14, 2015.
FOR FURTHER INFORMATION CONTACT: David Goldberger or Reza Karamloo,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-4136 or (202) 482-4470,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 2, 2015, the Department published in the Federal
Register a notice of ``Opportunity to Request Administrative Review''
of the antidumping duty order on LRW from Korea for the POR.\1\
---------------------------------------------------------------------------
\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 80 FR 5509 (February 2, 2015).
---------------------------------------------------------------------------
On February 11, 2015, in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b), the
Department received a timely request from LG Electronics, Inc. and its
affiliate LG Electronics USA, Inc. (collectively, LG) to conduct a
review of LG's sales and shipments to the United States during the POR.
On February 26, 2015, Whirlpool Corporation, the petitioner, requested
that the Department conduct an administrative review of the sales of
LG, Samsung Electronics Co., Ltd. (Samsung), and Daewoo Electronics
Corporation (Daewoo).\2\
---------------------------------------------------------------------------
\2\ See February 11 and 26, 2015, letters from LG and the
petitioner, respectively, regarding request for administrative
review.
---------------------------------------------------------------------------
On April 3, 2015, the Department published in the Federal Register
a notice of initiation of an administrative review of the antidumping
duty order
[[Page 55092]]
on LRW from Korea with respect to the above-named companies.\3\
---------------------------------------------------------------------------
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 80 FR 18202 (April 3, 2015).
---------------------------------------------------------------------------
On May 29, 2015, the petitioner timely withdrew its request for a
review of Samsung and Daewoo.\4\
---------------------------------------------------------------------------
\4\ See May 29, 2015, letter from the petitioner regarding
withdrawal of request for review.
---------------------------------------------------------------------------
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of notice of initiation of the requested review. The
petitioner's withdrawal request was filed before the 90-day deadline.
Therefore, in response to the withdrawal of request for review of
Samsung and Daewoo, and pursuant to 19 CFR 351.213(d)(1), we are
rescinding this review with regard to these companies. The instant
review will continue with respect to LG.
Assessment
The Department will instruct U.S. Customs and Border Protection
(CBP) to assess antidumping duties on all appropriate entries. For the
companies for which this review is rescinded, antidumping duties shall
be assessed at rates equal to the cash deposit of estimated antidumping
duties required at the time of entry, or withdrawal from warehouse, for
consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department
intends to issue appropriate assessment instructions directly to CBP 15
days after the date of publication of this notice in the Federal
Register.
Notification to Importers
This notice serves as the only reminder to importers of their
responsibility, under 19 CFR 351.402(f)(2), to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement may result in the presumption
that reimbursement of antidumping and/or countervailing duties occurred
and the subsequent assessment of double antidumping duties.
Notification Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) 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 return/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 notice is published in accordance with section 751 of the Act
and 19 CFR 351.213(d)(4).
Dated: September 8, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2015-23051 Filed 9-11-15; 8:45 am]
BILLING CODE 3510-DS-P
