Utility Scale Wind Towers From the Socialist Republic Vietnam: Final Results of Antidumping Duty Administrative Review; 2013-2014, 55333-55335 [2015-23155]
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Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Notices
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act, and 19 CFR 351.212(b), the
Department determines, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review. The
Department intends to issue assessment
instructions to CBP 15 days after the
date of publication of these final results
of review.
For assessment purposes, because
Bhansali’s weighted-average dumping
margin remains zero or de minimis (i.e.,
less than 0.5 percent) in these final
results, we will instruct CBP to liquidate
the appropriate entries without regard to
antidumping duties in accordance with
19 CFR 351.106(c)(2). Our instructions
will be on an importer-specific basis,
where the importer is known, or on a
customer-specific basis, where the
importer is not known.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. This clarification will
apply to entries of subject merchandise
during the POR produced by Bhansali
for which it did not know its
merchandise was destined for the
United States. In such instances, we will
instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no
rate for the intermediate company(ies)
involved in the transaction. For a full
discussion of this clarification, see
Antidumping and Countervailing Duty
Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May
6, 2003).
mstockstill on DSK4VPTVN1PROD with NOTICES
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
notice of final results of administrative
review for all shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication as provided
by section 751(a)(2) of the Act: (1) The
cash deposit rate for Bhansali will be
the rate established in the final results
of this administrative review; (2) for
merchandise exported by manufacturers
or exporters not covered in this review
but covered in a prior segment of the
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recently
completed segment of this proceeding in
which that manufacturer or exporter
participated; (3) if the exporter is not a
firm covered in this review, a prior
review, or the original investigation but
the manufacturer is, the cash deposit
rate will be the rate established for the
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19:04 Sep 14, 2015
Jkt 235001
55333
most recently completed segment of this
proceeding for the manufacturer of
subject merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 12.45
percent, the ‘‘all others’’ rate established
in the order.4 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Comment 1b: Whether the Application of
Adverse Facts Available, or Partial Facts
Available is Warranted
Comment 2: Whether Bhansali Submitted
Untimely Factual Information
Comment 3: Whether the Department Erred
in the Treatment of Bhansali’s Home
Market Billing Adjustments
Recommendation
Disclosure
BILLING CODE 3510–DS–P
We intend to disclose the calculations
performed for these final results of
review within five days of the date of
publication of this notice in the Federal
Register in accordance with 19 CFR
351.224(b).
Notifications
This notice serves as a final 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 doubled antidumping
duties.
This notice also serves as a 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 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.
These final results of administrative
review are issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Dated: September 8, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Issues Discussed in the Issues and
Decision Memorandum
Summary
Background
Scope of the Order
Discussion of the Issues
Comment 1a: Whether There Are
Inaccuracies and Discrepancies in
Bhansali’s Reporting
4 See Notice of Final Determination of Sales at
Less Than Fair Value: Stainless Steel Bar from
India, 59 FR 66915, 66921 (December 28, 1994).
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[FR Doc. 2015–23161 Filed 9–14–15; 8:45 am]
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–814]
Utility Scale Wind Towers From the
Socialist Republic Vietnam: Final
Results of Antidumping Duty
Administrative Review; 2013–2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 9, 2015, the
Department of Commerce (‘‘the
Department’’) published the preliminary
results of the administrative review of
the antidumping duty order on utility
scale wind towers from the Socialist
Republic of Vietnam (‘‘Vietnam’’).1 The
period of review is February 13, 2013,
through January 31, 2014. The review
covers one respondent, CS Wind
Vietnam and CS Wind Corporation
(collectively, ‘‘CS Wind Group’’). We
continue to find that CS Wind Group
has sold subject merchandise in the
United States at below normal value
during the POR.
DATES: Effective Date: September 15,
2015.
FOR FURTHER INFORMATION CONTACT:
Trisha Tran AD/CVD Operations, Office
IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230, telephone: (202)
482–4852.
AGENCY:
Background
On March 9, 2015, the Department
published the Preliminary Results.2 On
June 3, 2015, the Department extended
the deadline for issuing the final results
by 60 days, until September 8, 2015. CS
Wind Group, and the Wind Tower
Trade Coalition (‘‘Petitioner’’) submitted
case and rebuttal briefs on April 15,
2013 and April 23, 2015, respectively.
1 See Utility Scale Wind Towers From the
Socialist Republic of Vietnam: Preliminary Results
of Antidumping Duty Administrative Review; 2013–
2014, 80 FR 12449 (March 9, 2015) (‘‘Preliminary
Results’’).
2 Id.
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Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Notices
Both parties participated in a public
hearing on July 16, 2015.
Scope of the Order
The merchandise covered by this
order is certain wind towers, whether or
not tapered, and sections thereof.
Imports of the subject merchandise are
provided for under the following
subheadings of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’): 7308.20.00.20 3 or
8502.31.00.00.4 Prior to 2011,
merchandise covered by the order was
classified in the HTSUS under
subheading 7308.20.00.00 and may
continue to be to some degree. While
the HTSUS subheadings are provided
for convenience and customs purposes,
the written description of the scope of
the order is dispositive. A full
description of the scope of the order is
contained in the Issues and Decision
Memorandum, dated concurrently with
and hereby adopted by this notice.5
Analysis of Comments Received
mstockstill on DSK4VPTVN1PROD with NOTICES
All issues raised in the case and
rebuttal briefs are addressed in the
Issues and Decision Memorandum. A
list of the issues raised in the briefs and
addressed in the Issues and Decision
Memorandum is attached to this notice
as an appendix. 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 https://access.trade.gov and in the
Central Records Unit, room B8024 of the
main Department of Commerce
building. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The paper copy and electronic version
of the Issues and Decision
Memorandum are identical in content.
3 Wind towers are classified under HTSUS
7308.20.0020 when imported as a tower or tower
section(s) alone.
4 Wind towers may also be classified under
HTSUS 8502.31.0000 when imported as part of a
wind turbine (i.e., accompanying nacelles and/or
rotor blades.
5 See Memorandum from Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, regarding ‘‘Issues
and Decision Memorandum for the Final Results of
the 2013–2014 Administrative Review of the
Antidumping Duty Order on Utility Scale Wind
Towers from the Socialist Republic of Vietnam’’
issued concurrently with this notice (‘‘Issues and
Decision Memorandum’’).
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Jkt 235001
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made revisions to CS Wind
Group’s margin calculations. These
changes are discussed in the Issues and
Decision Memorandum and CS Wind
Group’s analysis memorandum.
Final Results of the Review
We determine that the following
weighted-average dumping margin
exists for the period of review from
February 13, 2013 through January 31,
2014.
Weightedaverage
dumping
margin
(percent)
Exporter
company individually examined during
this review, the Department will
instruct CBP to liquidate such entries at
the rate applicable to the Vietnam-wide
entity (i.e., 58.54 percent). In addition,
for companies for which the Department
determined that the exporter under
review had no shipments of the subject
merchandise, any suspended entries
that entered under that exporter’s case
number (i.e., at that exporter’s rate) will
be liquidated at the Vietnam-wide rate.
In accordance with section
751(a)(2)(C) of the Act, the final results
of this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated duties, where
applicable.
Cash Deposit Requirements
The following cash deposit
The CS Wind Group ...................
0.00
requirements will be effective upon
publication of these final results of this
Assessment Rates
administrative review for all shipments
The Department shall determine, and
of the subject merchandise from
U.S. Customs and Border Protection
Vietnam, entered or withdrawn from
(‘‘CBP’’) shall assess, antidumping
warehouse, for consumption on or after
duties on all appropriate entries covered the publication date, as provided for by
by this review. The Department intends section 751(a)(2)(C) of the Act: (1) For
to issue assessment instructions to CBP
the exporters listed above, the cash
15 days after the publication date of
deposit rate will be equal to the
these final results of this review
weighted-average dumping margin
pursuant to section 751(a)(2)(C) of the
established in the final results of this
Tariff Act of 1930, as amended (‘‘Act’’)
review (except, if the rate is zero or de
and 19 CFR 351.212(b). In accordance
minimis, then a cash deposit rate of zero
with 19 CFR 351.212(b)(1), we are
will be established for that company);
calculating importer- (or customer-)
(2) for previously investigated or
specific assessment rates for the
reviewed Vietnam or non-Vietnam
6
merchandise subject to this review.
exporters not listed above that currently
Where either the respondent’s weighted- have a separate rate, the cash deposit
average dumping margin is zero or de
rate will continue to be the exporterminimis, or an importer-specific
specific rate published for the most the
assessment rate is zero or de minimis,
recently completed segment of this
we will instruct CBP to liquidate the
proceeding where the exporter received
appropriate entries without regard to
that separate rate; (3) for all Vietnam
antidumping duties.7 For CS Wind
exporters of subject merchandise that
Group, whose weighted average
have not been found to be entitled to a
dumping margin is zero, the Department separate rate, the cash deposit rate will
will instruct CBP to liquidate
be the rate for the Vietnam-wide entity,
appropriate entries without regard to
58.54 percent; and (4) for all non8
antidumping duties.
Vietnam exporters of subject
On October 24, 2011, the Department
merchandise which have not received
announced a refinement to its
their own separate rate, the cash deposit
9
assessment practice in NME cases.
rate will be the rate applicable to the
Pursuant to this refinement in practice,
Vietnam exporter that supplied that
for entries that were not reported in the
non-Vietnam exporter. These deposit
U.S. sales databases submitted by the
requirements, when imposed, shall
remain in effect until further notice.
6
See Antidumping Proceedings: Calculation of
the Weighted Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
7 See 19 CFR 351.106 (c)(2).
8 See 19 CFR 351.212(b)(1).
9 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011), for a full discussion
of this practice.
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Disclosure
We intend to disclose the calculations
performed regarding these
administrative review final results
within five days of the date of
publication of this notice in this
proceeding in accordance with 19 CFR
351.224(b).
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Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Notices
Notification to Importers Regarding the
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this POR. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
duties has occurred and the subsequent
assessment of doubled antidumping
duties.
Administrative Protective Order
(‘‘APO’’)
This notice also serves as a final
reminder to parties subject to APO of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
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 the
final results of this review and notice in
accordance with sections 751(a)(1) and
777(i) of the Act and 19 CFR 351.213.
Dated: September 8, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
mstockstill on DSK4VPTVN1PROD with NOTICES
List of Topics Discussed in Issues and
Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Issues
Comment 1: Bona Fide Sale
Comment 2: Steel Plate
Comment 3: Market Economy Prices from
Korea
Comment 4: Financial Statements
Comment 5: Flanges
Comment 6: Calculation of Market
Economy Prices
5. Recommendation
BILLING CODE 3510–DS–P
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Jkt 235001
International Trade Administration
[A–201–842]
Large Residential Washers From
Mexico: Final Results of the
Antidumping Duty Administrative
Review; 2012–2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 9, 2015, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty (AD) order on
large residential washers (LRWs) from
Mexico.1 The review covers two
producers/exporters of the subject
merchandise: Electrolux Home Products
Corp. N.V. and Electrolux Home
Products de Mexico, S.A. de C.V.
(collectively, Electrolux) and Samsung
Electronics Co., Ltd. (Samsung). The
period of review (POR) is August 3,
2012, through January 31, 2014. We
gave interested parties an opportunity to
comment on the Preliminary Results.
After reviewing the comments received
and making corrections to the margin
calculation, we continue to find that
Electrolux made sales of subject
merchandise to the United States at
prices below normal value. We also find
that Samsung made no shipments of
subject merchandise during the POR.
Electrolux’s final dumping margin is
listed below in the section entitled
‘‘Final Results of the Review.’’
DATES: Effective Date: September 15,
2015.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Appendix
[FR Doc. 2015–23155 Filed 9–14–15; 8:45 am]
DEPARTMENT OF COMMERCE
Brian Smith or Brandon Custard, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–1766 or (202) 482–
1823, respectively.
SUPPLEMENTARY INFORMATION:
Background
For a complete description of the
events that following the publication of
the Preliminary Results, see the Issues
and Decision Memorandum.2 The Issues
1 See Large Residential Washers From Mexico:
Preliminary Results of the Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments; 2012–2014, 80 FR
12436 (March 9, 2015) (Preliminary Results).
2 See memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance, from
Gary Taverman, Associate Deputy Assistant
Secretary for Antidumping and Countervailing Duty
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55335
and Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s AD
and Countervailing Duty (CVD)
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov and in the Central
Records Unit, room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and the electronic
version of the Issues and Decision
Memorandum are identical in content.
The Department conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order
The products covered by the order are
all large residential washers and certain
subassemblies thereof from Mexico. The
products are currently classifiable under
subheadings 8450.20.0040 and
8450.20.0080 of the Harmonized Tariff
System of the United States (HTSUS).
Products subject to this order may also
enter under HTSUS subheadings
8450.11.0040, 8450.11.0080,
8450.90.2000, and 8450.90.6000.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
merchandise subject to this scope is
dispositive.3
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are addressed in the
Issues and Decision Memorandum. A
list of the issues which parties raised
and to which we respond in the Issues
and Decision Memorandum is attached
to this notice as Appendix I.
Final Determination of No Shipments
In the Preliminary Results, based on
our analysis of U.S. Customs and Border
Protection (CBP) information and
information provided by Samsung, we
determined that Samsung had no
shipments of the subject merchandise,
Operations, ‘‘Issues and Decision Memorandum for
the Final Results of the Antidumping Duty
Administrative Review of Large Residential
Washers from Mexico,’’ dated concurrently with
and adopted by this notice (Issues and Decision
Memorandum).
3 A full description of the scope of the order is
contained in the Issues and Decision Memorandum.
The HTSUS numbers are revised from the numbers
previously stated in the scope. See Memorandum to
The File entitled ‘‘Changes to the HTS Numbers to
the ACE Case Reference Files for the Antidumping
Duty Orders,’’ dated January 6, 2015.
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]]>Agencies
[Federal Register Volume 80, Number 178 (Tuesday, September 15, 2015)]
[Notices]
[Pages 55333-55335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23155]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-814]
Utility Scale Wind Towers From the Socialist Republic Vietnam:
Final Results of Antidumping Duty Administrative Review; 2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On March 9, 2015, the Department of Commerce (``the
Department'') published the preliminary results of the administrative
review of the antidumping duty order on utility scale wind towers from
the Socialist Republic of Vietnam (``Vietnam'').\1\ The period of
review is February 13, 2013, through January 31, 2014. The review
covers one respondent, CS Wind Vietnam and CS Wind Corporation
(collectively, ``CS Wind Group''). We continue to find that CS Wind
Group has sold subject merchandise in the United States at below normal
value during the POR.
---------------------------------------------------------------------------
\1\ See Utility Scale Wind Towers From the Socialist Republic of
Vietnam: Preliminary Results of Antidumping Duty Administrative
Review; 2013-2014, 80 FR 12449 (March 9, 2015) (``Preliminary
Results'').
---------------------------------------------------------------------------
DATES: Effective Date: September 15, 2015.
FOR FURTHER INFORMATION CONTACT: Trisha Tran AD/CVD Operations, Office
IV, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230, telephone: (202) 482-4852.
Background
On March 9, 2015, the Department published the Preliminary
Results.\2\ On June 3, 2015, the Department extended the deadline for
issuing the final results by 60 days, until September 8, 2015. CS Wind
Group, and the Wind Tower Trade Coalition (``Petitioner'') submitted
case and rebuttal briefs on April 15, 2013 and April 23, 2015,
respectively.
[[Page 55334]]
Both parties participated in a public hearing on July 16, 2015.
---------------------------------------------------------------------------
\2\ Id.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this order is certain wind towers,
whether or not tapered, and sections thereof. Imports of the subject
merchandise are provided for under the following subheadings of the
Harmonized Tariff Schedule of the United States (``HTSUS''):
7308.20.00.20 \3\ or 8502.31.00.00.\4\ Prior to 2011, merchandise
covered by the order was classified in the HTSUS under subheading
7308.20.00.00 and may continue to be to some degree. While the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of the order is dispositive. A full
description of the scope of the order is contained in the Issues and
Decision Memorandum, dated concurrently with and hereby adopted by this
notice.\5\
---------------------------------------------------------------------------
\3\ Wind towers are classified under HTSUS 7308.20.0020 when
imported as a tower or tower section(s) alone.
\4\ Wind towers may also be classified under HTSUS 8502.31.0000
when imported as part of a wind turbine (i.e., accompanying nacelles
and/or rotor blades.
\5\ See Memorandum from Gary Taverman, Associate Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant Secretary for Enforcement and
Compliance, regarding ``Issues and Decision Memorandum for the Final
Results of the 2013-2014 Administrative Review of the Antidumping
Duty Order on Utility Scale Wind Towers from the Socialist Republic
of Vietnam'' issued concurrently with this notice (``Issues and
Decision Memorandum'').
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues raised in the
briefs and addressed in the Issues and Decision Memorandum is attached
to this notice as an appendix. 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
https://access.trade.gov and in the Central Records Unit, room B8024 of
the main Department of Commerce building. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. The paper copy and electronic
version of the Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made revisions
to CS Wind Group's margin calculations. These changes are discussed in
the Issues and Decision Memorandum and CS Wind Group's analysis
memorandum.
Final Results of the Review
We determine that the following weighted-average dumping margin
exists for the period of review from February 13, 2013 through January
31, 2014.
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
The CS Wind Group........................................... 0.00
------------------------------------------------------------------------
Assessment Rates
The Department shall determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries covered by this review. The Department intends to
issue assessment instructions to CBP 15 days after the publication date
of these final results of this review pursuant to section 751(a)(2)(C)
of the Tariff Act of 1930, as amended (``Act'') and 19 CFR 351.212(b).
In accordance with 19 CFR 351.212(b)(1), we are calculating importer-
(or customer-) specific assessment rates for the merchandise subject to
this review.\6\ Where either the respondent's weighted-average dumping
margin is zero or de minimis, or an importer-specific assessment rate
is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.\7\ For CS
Wind Group, whose weighted average dumping margin is zero, the
Department will instruct CBP to liquidate appropriate entries without
regard to antidumping duties.\8\
---------------------------------------------------------------------------
\6\ See Antidumping Proceedings: Calculation of the Weighted
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
\7\ See 19 CFR 351.106 (c)(2).
\8\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
On October 24, 2011, the Department announced a refinement to its
assessment practice in NME cases.\9\ Pursuant to this refinement in
practice, for entries that were not reported in the U.S. sales
databases submitted by the company individually examined during this
review, the Department will instruct CBP to liquidate such entries at
the rate applicable to the Vietnam-wide entity (i.e., 58.54 percent).
In addition, for companies for which the Department determined that the
exporter under review had no shipments of the subject merchandise, any
suspended entries that entered under that exporter's case number (i.e.,
at that exporter's rate) will be liquidated at the Vietnam-wide rate.
---------------------------------------------------------------------------
\9\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
---------------------------------------------------------------------------
In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results of this administrative review for
all shipments of the subject merchandise from Vietnam, entered or
withdrawn from warehouse, for consumption on or after the publication
date, as provided for by section 751(a)(2)(C) of the Act: (1) For the
exporters listed above, the cash deposit rate will be equal to the
weighted-average dumping margin established in the final results of
this review (except, if the rate is zero or de minimis, then a cash
deposit rate of zero will be established for that company); (2) for
previously investigated or reviewed Vietnam or non-Vietnam exporters
not listed above that currently have a separate rate, the cash deposit
rate will continue to be the exporter-specific rate published for the
most the recently completed segment of this proceeding where the
exporter received that separate rate; (3) for all Vietnam exporters of
subject merchandise that have not been found to be entitled to a
separate rate, the cash deposit rate will be the rate for the Vietnam-
wide entity, 58.54 percent; and (4) for all non-Vietnam exporters of
subject merchandise which have not received their own separate rate,
the cash deposit rate will be the rate applicable to the Vietnam
exporter that supplied that non-Vietnam exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Disclosure
We intend to disclose the calculations performed regarding these
administrative review final results within five days of the date of
publication of this notice in this proceeding in accordance with 19 CFR
351.224(b).
[[Page 55335]]
Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Order (``APO'')
This notice also serves as a final reminder to parties subject to
APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment 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 the final results of this review and
notice in accordance with sections 751(a)(1) and 777(i) of the Act and
19 CFR 351.213.
Dated: September 8, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in Issues and Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Issues
Comment 1: Bona Fide Sale
Comment 2: Steel Plate
Comment 3: Market Economy Prices from Korea
Comment 4: Financial Statements
Comment 5: Flanges
Comment 6: Calculation of Market Economy Prices
5. Recommendation
[FR Doc. 2015-23155 Filed 9-14-15; 8:45 am]
BILLING CODE 3510-DS-P
