Certain Polyethylene Terephthalate Resin From the People's Republic of China: Notice of Correction to Preliminary Affirmative Less Than Fair Value Determination, 69643-69644 [2015-28665]

Download as PDF Federal Register / Vol. 80, No. 217 / Tuesday, November 10, 2015 / Notices asabaliauskas on DSK5VPTVN1PROD with NOTICES The Department’s affirmative finding in the Final Circumvention Determination applied solely to Deacero. Deacero challenged the Department’s ruling in the Final Circumvention Determination and on December 22, 2014, the Court of International Trade (CIT) entered its final judgement in Deacero III,7 sustaining the Department’s negative circumvention determination from the First Remand Redetermination in which the Department, under protest, found that Deacero’s shipments of narrow gauge wire rod to the United States were not subject antidumping duties.8 The Department is appealing the CIT’s decision at the Federal Circuit. Consistent with the CIT’s holding and Wire Rod Timken Notice,9 the Department instructed CBP to set the cash deposit rate for narrow gauge wire rod shipped to the United States by Deacero to zero, pending a final and conclusive court decision. Additionally, we instructed CBP to refund any antidumping duties deposited for narrow gauge wire rod shipped to the United States by Deacero that entered from January 1, 2015, through the publication date of the Wire Rod Timken Notice (July 27, 2015) and, for such entries, to continue to suspend Deacero’s narrow gauge wire rod at a zero cash deposit rate.10 During the POR of the instant review, Deacero shipped narrow gauge wire rod as well as wire rod with actual diameters greater than 5.00 mm. In light of the CIT’s holding in Deacero III and our statement in Wire Rod Timken Notice that Deacero’s narrow gauge wire rod is excluded from antidumping duties,11 we have, for purposes of these preliminary results, removed narrow gauge wire rod from Deacero’s dumping calculations. Per the Court’s holding in Deacero III, the preliminary cash deposit rate for Deacero, as listed above, only applies with regard its entries of wire with an actual diameter that is 7 See Deacero S.A.P.I. de C.V. and Deacero Usa, Inc. v. United States and Arcelormittal USA LLC, Gerdau Ameristeel U.S. Inc., Evraz Rocky Mountain Steel, and Nucor Corporation, Court No. 12–00345, Slip Op. 14–151 (Deacero III). 8 See Final Results of Redetermination Pursuant to Deacero S.A. de C.V. and Deacero USA Inc. v. United States and Arcelormittal USA LLC, Gerdau Ameristeel U.S. Inc., Evraz Rocky Mountain Steel, and Nucor Corporation, Court No. 12–00345; Slip Op. 13–126 (CIT 2013) (January 29, 2014) (First Remand Redetermination). 9 See Carbon and Certain Alloy Steel Wire Rod From Mexico: Notice of Court Decision Not in Harmony With Final Results and Notice of Amended Final Determination, 80 FR 44326, 44327 (July 27, 2015) (Wire Rod Timken Notice). 10 Id. 11 See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010). VerDate Sep<11>2014 19:41 Nov 09, 2015 Jkt 238001 greater than 5.00 and less than or equal to 19.00 mm. The cash deposit rate listed above for Deacero does not apply to its entries of narrow gauge wire rod. Disclosure and Public Comment The Department intends to disclose to interested parties to this proceeding the calculations performed in connection with these preliminary results within five days after the date of publication of this notice.12 Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit case briefs not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.13 Parties who submit case briefs or rebuttal briefs in this proceeding are requested to submit with the argument: (1) A statement of the issue, (2) a brief summary of the argument, and (3) a table of authorities.14 All case and rebuttal briefs must be filed electronically using ACCESS, and must also be served on interested parties.15 An electronically filed document must be received successfully in its entirety by the Department’s electronic records system, ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice. Executive summaries should be limited to five pages total, including footnotes. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce. All documents must be filed electronically using ACCESS. An electronically-filed request must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the date of publication of this notice.16 Requests should contain the party’s name, address, and telephone number, the number of participants, and a list of the issues to be discussed. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Unless the deadline is extended, the Department intends to issue the final 12 See 19 CFR 351.224(b). 19 CFR 351.309(d). 14 See 19 CFR 351.309(c)(2) and (d)(2). 15 See 19 CFR 351.303(f). 16 See 19 CFR 351.310(c). 13 See PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 69643 results of this administrative review, including the results of our analysis of the issues raised by the parties in their case and rebuttal briefs, within 120 days after the publication of these preliminary results, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h). Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. These preliminary results of review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: October 30, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of Methodology A. Universe of Sales B. Date of Sale C. Comparisons to Normal Value D. Product Comparisons E. Determination of Comparison Method F. Results of DP Analysis G. U.S. Price H. Normal Value I. Cost of Production Analysis J. Affiliated Respondents K. Currency Conversion V. Recommendation [FR Doc. 2015–28623 Filed 11–9–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–024] Certain Polyethylene Terephthalate Resin From the People’s Republic of China: Notice of Correction to Preliminary Affirmative Less Than Fair Value Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. FOR FURTHER INFORMATION CONTACT: Steve Bezirganian, Office VI, AD/CVD AGENCY: E:\FR\FM\10NON1.SGM 10NON1 69644 Federal Register / Vol. 80, No. 217 / Tuesday, November 10, 2015 / Notices Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1131. On October 15, 2015, the Department of Commerce (the Department) published the preliminary affirmative less than fair value determination on certain polyethylene terephthalate resin from the People’s Republic of China.1 The Preliminary Determination contained SUPPLEMENTARY INFORMATION: inadvertent errors in the chart containing the weighted-average margins. Specifically, certain exporter names were matched with the incorrect producer names. The chart below contains the correct combinations of names: Weightedaverage margin (percent) Exporter Producer Far Eastern Industries (Shanghai) Ltd. or Oriental Industries (Suzhou) Limited. Jiangyin Xingyu New Material Co., Ltd. or Jiangsu Xingye Plastic Co., Ltd. or Jiangyin Xingjia Plastic Co., Ltd. or Jiangyin Xingtai New Material Co., Ltd. or Jiangsu Xingye Polytech Co., Ltd. Dragon Special Resin (XIAMEN) Co., Ltd .................................. Hainan Yisheng Petrochemical Co., Ltd ..................................... Shanghai Hengyi Polyester Fiber Co., Ltd ................................. Zhejiang Wankai New Materials Co., Ltd ................................... PRC-Wide Entity ......................................................................... Far Eastern Industries (Shanghai) Ltd. or Oriental Industries (Suzhou) Limited. Jiangyin Xingyu New Material Co., Ltd. or Jiangsu Xingye Plastic Co., Ltd. or Jiangyin Xingjia Plastic Co., Ltd. or Jiangyin Xingtai New Material Co., Ltd. or Jiangsu Xingye Polytech Co., Ltd. Dragon Special Resin (XIAMEN) Co., Ltd ................................. Hainan Yisheng Petrochemical Co., Ltd .................................... Shanghai Hengyi Polyester Fiber Co., Ltd ................................ Zhejiang Wankai New Materials Co., Ltd .................................. .................................................................................................... This correction to the Preliminary Determination is issued and published in accordance with section 777(i)(1) of the Tariff Act of 1930, as amended. Dated: November 4, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015–28665 Filed 11–9–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–983] Drawn Stainless Steel Sinks From the People’s Republic of China: Final Results of the Antidumping Duty Administrative Review; 2012–2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On May 7, 2015, the Department of Commerce (Department) published the preliminary results of the administrative review of the antidumping duty (AD) order on drawn stainless steel sinks (drawn sinks) from the People’s Republic of China (PRC).1 The review covers seven producers/ exporters of the subject merchandise, including the following mandatory respondents: Guangdong Dongyuan asabaliauskas on DSK5VPTVN1PROD with NOTICES AGENCY: 1 See Certain Polyethylene Terephthalate Resin from the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 80 FR 62024 (October 15, 2015) (Preliminary Determination). 1 See Drawn Stainless Steel Sinks from the People's Republic of China: Preliminary Results of VerDate Sep<11>2014 19:41 Nov 09, 2015 Jkt 238001 125.12 131.16 129.42 129.42 129.42 129.42 145.94 Kitchenware Industrial Co., Ltd. (Dongyuan) and Guangdong Yingao Kitchen Utensils Co., Ltd. (Yingao). The period of review (POR) is October 4, 2012, through March 31, 2014. We provided interested parties an opportunity to comment on the Preliminary Results. After reviewing the comments received and making corrections to the margin calculations, where appropriate, we continue to find that Dongyuan and Yingao both made sales of subject merchandise to the United States at prices below normal value (NV) during the POR. The final dumping margins are listed below in the section entitled ‘‘Final Results of the Review.’’ DATES: Effective date: November 10, 2015. Decision Memorandum.2 The Issues 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 http:// 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 http:// enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. FOR FURTHER INFORMATION CONTACT: The products covered by the order include drawn stainless steel sinks. Imports of subject merchandise are currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7324.10.0000 and 7324.10.0010. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive.3 Brian C. Smith or Reza Karamloo, AD/ CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1766 and (202) 482–4470, respectively. SUPPLEMENTARY INFORMATION: Background For a description of events that have occurred since the publication of the Preliminary Results, see the Issues and Antidumping Duty Administrative Review, 80 FR 26227 (May 7, 2015) (Preliminary Results). 2 See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ‘‘Drawn Stainless Steel Sinks from the People’s PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 Scope of the Order Analysis of Comments Received All issues raised in the case and rebuttal briefs are addressed in the Republic of China: Issues and Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review; 2012– 2014,’’ dated concurrently with and hereby adopted by this notice (Issues and Decision Memorandum). 3 For a complete description of the Scope of the Order, see Issues and Decision Memorandum. E:\FR\FM\10NON1.SGM 10NON1

Agencies

[Federal Register Volume 80, Number 217 (Tuesday, November 10, 2015)]
[Notices]
[Pages 69643-69644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28665]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-024]


Certain Polyethylene Terephthalate Resin From the People's 
Republic of China: Notice of Correction to Preliminary Affirmative Less 
Than Fair Value Determination

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

FOR FURTHER INFORMATION CONTACT: Steve Bezirganian, Office VI, AD/CVD

[[Page 69644]]

Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1131.

SUPPLEMENTARY INFORMATION: On October 15, 2015, the Department of 
Commerce (the Department) published the preliminary affirmative less 
than fair value determination on certain polyethylene terephthalate 
resin from the People's Republic of China.\1\ The Preliminary 
Determination contained inadvertent errors in the chart containing the 
weighted-average margins. Specifically, certain exporter names were 
matched with the incorrect producer names. The chart below contains the 
correct combinations of names:
---------------------------------------------------------------------------

    \1\ See Certain Polyethylene Terephthalate Resin from the 
People's Republic of China: Preliminary Determination of Sales at 
Less Than Fair Value and Postponement of Final Determination, 80 FR 
62024 (October 15, 2015) (Preliminary Determination).

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
            Exporter                     Producer             margin
                                                             (percent)
------------------------------------------------------------------------
Far Eastern Industries           Far Eastern Industries           125.12
 (Shanghai) Ltd. or Oriental      (Shanghai) Ltd. or
 Industries (Suzhou) Limited.     Oriental Industries
                                  (Suzhou) Limited.
Jiangyin Xingyu New Material     Jiangyin Xingyu New              131.16
 Co., Ltd. or Jiangsu Xingye      Material Co., Ltd. or
 Plastic Co., Ltd. or Jiangyin    Jiangsu Xingye Plastic
 Xingjia Plastic Co., Ltd. or     Co., Ltd. or Jiangyin
 Jiangyin Xingtai New Material    Xingjia Plastic Co.,
 Co., Ltd. or Jiangsu Xingye      Ltd. or Jiangyin
 Polytech Co., Ltd.               Xingtai New Material
                                  Co., Ltd. or Jiangsu
                                  Xingye Polytech Co.,
                                  Ltd.
Dragon Special Resin (XIAMEN)    Dragon Special Resin             129.42
 Co., Ltd.                        (XIAMEN) Co., Ltd.
Hainan Yisheng Petrochemical     Hainan Yisheng                   129.42
 Co., Ltd.                        Petrochemical Co., Ltd.
Shanghai Hengyi Polyester Fiber  Shanghai Hengyi                  129.42
 Co., Ltd.                        Polyester Fiber Co.,
                                  Ltd.
Zhejiang Wankai New Materials    Zhejiang Wankai New              129.42
 Co., Ltd.                        Materials Co., Ltd.
PRC-Wide Entity................  .......................          145.94
------------------------------------------------------------------------

    This correction to the Preliminary Determination is issued and 
published in accordance with section 777(i)(1) of the Tariff Act of 
1930, as amended.

    Dated: November 4, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-28665 Filed 11-9-15; 8:45 am]
 BILLING CODE 3510-DS-P