Potassium Permanganate From the People's Republic of China: Preliminary Results of the 2014 Antidumping Duty Administrative Review, 7751-7753 [2016-03073]
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Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Notices
Final Results of Review
Cash Deposit Requirements
As a result of our review, we
determine the following weightedaverage dumping margins exist for the
period July 1, 2013, through June 30,
2014.
The following deposit requirements
will be effective for all shipments of
PET Film from India entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
administrative review, as provided for
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for the company
under review will be equal to the
weighted-average dumping margin
established in the final results of this
review (except, if the rate is de minimis,
i.e., less than 0.5 percent, then the cash
deposit rate will be zero); (2) for
previously reviewed or investigated
companies not listed above, the cash
deposit rate will continue to be the
company-specific rate published in the
completed segment for the most recent
period for that company; (3) if the
exporter is not a firm covered in this
review, a prior review, or the less-thanfair-value investigation, but the
manufacturer is, the cash deposit rate
will be the rate established in the
completed segment for the most recent
period for the manufacturer of the
merchandise; and (4) if neither the
exporter nor the manufacturer is a firm
covered in this or any other completed
segment of this proceeding, then the
cash deposit rate will be the all others
rate for this proceeding, 5.71 percent.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Producer or exporter
Weightedaverage
dumping
margin
(percent)
Jindal Poly Films Limited 6 ...
SRF Limited ..........................
Ester Industries Limited ........
Garware Polyester Ltd ..........
Polyplex Corporation Limited
Vacmet ..................................
0.59
0.00
0.59
0.59
0.59
0.59
mstockstill on DSK4VPTVN1PROD with NOTICES
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(1), the
Department determined, 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 will issue assessment
instructions to CBP 15 days after the
date of publication of the final results of
review. We will instruct CBP to
liquidate entries of merchandise
produced and/or exported by the
aforementioned companies. The
Department will calculate importerspecific assessment rates for Jindal.
Where the respondent reported the
entered value for its sales, the
Department calculates importer-specific
ad valorem assessment rates based on
the ratio of the total amount of dumping
calculated for the examined sales to the
total entered value of those same sales.7
However, where the respondent did not
report the entered value for its sales, the
Department calculates importer-specific
per-unit duty assessment rates. We will
instruct CBP to apply an ad valorem
assessment rate as indicated above to all
entries of subject merchandise during
the POR which were produced and/or
exported by the four non-selected
companies Ester Industries Limited,
Garware Polyester Ltd, Polyplex
Corporation Limited, and Vacmet.
Pursuant to 19 CFR 351.106(c)(2), we
will instruct CBP to liquidate without
regard to antidumping duties any
entries produced and/or exported by
SRF during the POR.8
6 The Initiation Notice lists the company as Jindal
Poly Films Limited of India.
7 See 19 CFR 351.212(b).
8 See 19 CFR 351.106(c)(1).
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22:15 Feb 12, 2016
Jkt 238001
Notification to Importers
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 Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
Notifications to Interested Parties
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
destruction 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 terms of an
APO is a sanctionable violation.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
7751
The Department is issuing and
publishing these final results of
administrative review in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: February 8, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
I. Summary
II. Background
Scope of the Order
III. Discussion of the Issues
Comment 1: Whether To Exclude Certain
Sales From the Margin Calculation
Comment 2: Whether To Grant a Quantity
Discount Adjustment to Jindal
Comment 3: G&A Expense and Interest
Expense Ratio
Comment 4: Differential Pricing
[FR Doc. 2016–03083 Filed 2–12–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–001]
Potassium Permanganate From the
People’s Republic of China:
Preliminary Results of the 2014
Antidumping Duty Administrative
Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request by
Pacific Accelerator Limited (‘‘PAL’’), the
Department of Commerce (the
‘‘Department’’) is conducting an
administrative review of the
antidumping duty (‘‘AD’’) order on
potassium permanganate from the
People’s Republic of China (the ‘‘PRC’’)
for the period of review (‘‘POR’’)
January 1, 2014, through December 31,
2014.1 The Department preliminarily
determines that PAL sold subject
merchandise in the United States at
prices below normal value (‘‘NV’’)
during the POR. 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 entries of subject
merchandise during the POR. Interested
parties are invited to comment on these
preliminary results.
DATES: Effective February 16, 2016.
FOR FURTHER INFORMATION CONTACT: Paul
Walker or Javier Barrientos, AD/CVD
AGENCY:
1 See Antidumping Duty Order: Potassium
Permanganate from the People’s Republic of China,
49 FR 3897 (January 31, 1984).
E:\FR\FM\16FEN1.SGM
16FEN1
7752
Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Notices
Operations, Office V, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone 202–482–0413 or 202–482–
2243, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 2, 2015, the Department
initiated an administrative review of the
antidumping order on potassium
permanganate from the PRC.2 Between
April and September 2015, the
Department sent AD questionnaires and
supplemental questionnaires to PAL, to
which it responded in a timely manner.
On October 5, 2015, the Department
partially extended the deadline for
issuing the preliminary results until
November 2, 2015.3 On October 27,
2015, the Department fully extended the
deadline for issuing the preliminary
results until February 1, 2016.4 As
explained in the memorandum from the
Acting Assistant Secretary for
Enforcement and Compliance, the
Department has exercised its discretion
to toll all administrative deadlines due
to the recent closure of the Federal
Government. All deadlines in this
segment of the proceeding have been
extended by four business days. The
revised deadline for the preliminary
results of this administrative review is
now February 5, 2016.5
mstockstill on DSK4VPTVN1PROD with NOTICES
Scope of the Order
Imports covered by the order are
shipments of potassium permanganate,
an inorganic chemical produced in freeflowing, technical, and pharmaceutical
grades. Potassium permanganate is
currently classifiable under item
2841.61.00 of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’). Although the HTSUS item
number is provided for convenience and
customs purposes, the written
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 80 FR
11166 (March 2, 2015) (‘‘Initiation Notice’’).
3 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Potassium
Permanganate from the People’s Republic of China:
Extension of Deadline for Preliminary Results of
2014 Antidumping Duty Administrative Review,’’
dated October 5, 2015.
4 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Potassium
Permanganate from the People’s Republic of China:
Extension of Deadline for Preliminary Results of
2014 Antidumping Duty Administrative Review,’’
dated October 27, 2015.
5 See Memorandum to the Record from Ron
Lorentzen, Acting A/S for Enforcement &
Compliance, regarding ‘‘Tolling of Administrative
Deadlines As a Result of the Government Closure
During Snowstorm Jonas,’’ dated January 27, 2016.
VerDate Sep<11>2014
22:15 Feb 12, 2016
Jkt 238001
description of the merchandise remains
dispositive.
Exporter
Methodology
The Department conducted this
review in accordance with sections
751(a)(1)(B) and 751(a)(2)(A) of the
Tariff Act of 1930, as amended (the
‘‘Act’’). Export prices have been
calculated in accordance with section
772 of the Act. Because the PRC is a
non-market economy (‘‘NME’’) within
the meaning of section 771(18) of the
Act, NV has been calculated in
accordance with section 773(c) of the
Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via Enforcement aCnd
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘ACCESS’’).
ACCESS is available to registered users
at https://access.trade.gov, and is
available to all parties in the Central
Records Unit, room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
PRC-Wide Entity
The Department’s change in policy
regarding conditional review of the
PRC-wide entity applies to this
administrative review.6 Under this
policy, the PRC-wide entity will not be
under review unless a party specifically
requests, or the Department selfinitiates, a review of the entity. Because
no party requested a review of the PRCwide entity in this review, the entity is
not under review and the entity’s rate
(i.e., 128.94 percent) is not subject to
change.
Preliminary Results of Review
The Department preliminarily
determines that the following weightedaverage dumping margins exist for the
period January 1, 2014, through
December 31, 2014:
6 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
Pacific Accelerator Limited .........
Weightedaverage
margin
(USD/
kilogram)
2.20
Disclosure, Public Comment and
Opportunity To Request a Hearing
The Department will disclose the
calculations used in our analysis to
parties in this review within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Interested parties may submit case
briefs within 30 days after the date of
publication of these preliminary results
of review in the Federal Register.7
Rebuttals to case briefs, which must be
limited to issues raised in the case
briefs, must be filed within five days
after the time limit for filing case briefs.8
Parties who submit arguments are
requested to submit with the argument
(a) a statement of the issue, (b) a brief
summary of the argument, and (c) a
table of authorities.9 Parties submitting
briefs should do so pursuant to the
Department’s electronic filing system,
ACCESS.
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 within 30 days of the
date of publication of this notice.
Requests should contain: (1) The party’s
name, address and telephone number;
(2) the number of participants; and (3)
a list of issues parties intend to discuss.
Issues raised in the hearing will be
limited to those raised in the respective
case and rebuttal briefs. 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 date and
time to be determined. See 19 CFR
351.310(d). Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
The Department intends to issue the
final results of this administrative
review, which will include the results of
our analysis of all issues raised in the
case briefs, within 120 days of
publication of these preliminary results
in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, the
Department will determine, and CBP
7 See
19 CFR 351.309(c)(1)(ii).
19 CFR 351.309(d)(1)–(2).
9 See 19 CFR 351.309(c)(2), (d)(2).
8 See
E:\FR\FM\16FEN1.SGM
16FEN1
Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Notices
shall assess, antidumping duties on all
appropriate entries covered by this
review.10 The Department intends to
issue assessment instructions to CBP 15
days after the publication date of the
final results of this review.
For any individually examined
respondent whose weighted average
dumping margin is above de minimis
(i.e., 0.50 percent) in the final results of
this review, the Department will
calculate importer-specific assessment
rates on the basis of the ratio of the total
amount of dumping calculated for the
importer’s examined sales to the total
entered value of sales, in accordance
with 19 CFR 351.212(b)(1). Where an
importer- (or customer-) specific ad
valorem rate is greater than de minimis,
the Department will instruct CBP to
collect the appropriate duties at the time
of liquidation.11 Where either a
respondent’s weighted average dumping
margin is zero or de minimis, or an
importer- (or customer-) specific ad
valorem is zero or de minimis, the
Department will instruct CBP to
liquidate appropriate entries without
regard to antidumping duties.12
mstockstill on DSK4VPTVN1PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
review for shipments of the subject
merchandise from the PRC entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by sections
751(a)(2)(C) of the Act: (1) For the
companies listed above that have a
separate rate, the cash deposit rate will
be that established in the final results of
this review (except, if the rate is zero or
de minimis, then zero cash deposit will
be required); (2) for previously
investigated or reviewed PRC and nonPRC exporters not listed above that
received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate; (3) for all
PRC exporters of subject merchandise
that have not been found to be entitled
to a separate rate, the cash deposit rate
will be that for the PRC-wide entity; and
(4) for all non-PRC exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the PRC
exporter that supplied that non-PRC
exporter. These deposit requirements,
when imposed, shall remain in effect
until further notice.
19 CFR 351.212(b).
19 CFR 351.212(b)(1).
12 See 19 CFR 351.106(c)(2).
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 the POR.
Failure to comply with this requirement
could result in the Department’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
These preliminary results are issued
and published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: February 8, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Case History
3. Scope of the Order
4. Discussion of the Methodology
a. Non-Market Economy Country Status
b. Separate Rates
c. Surrogate Country
d. PRC-Wide Entity
e. Determination of Comparison Method
f. Results of Differential Pricing Analysis
g. Comparisons to Normal Value
h. Date of Sale
i. Export Price
j. Value Added Tax
k. Normal Value
l. Factor Valuations
m. Currency Conversion
5. Recommendation
[FR Doc. 2016–03073 Filed 2–12–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–825]
Polyethylene Terephthalate Film,
Sheet, and Strip From India: Final
Results of Countervailing Duty
Administrative Review; 2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 6, 2015, the
Department published the preliminary
results of the administrative review of
the countervailing duty order on
polyethylene terephthalate film, sheet,
and strip (PET film) from India.1 The
AGENCY:
10 See
11 See
VerDate Sep<11>2014
22:15 Feb 12, 2016
1 See Polyethylene Terephthalate Film, Sheet and
Strip From India: Preliminary Results And Partial
Jkt 238001
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
7753
period of review (POR) is January 1,
2013, through December 31, 2013.2
Based on an analysis of the comments
received, the Department has made
changes to the subsidy rate determined
for Jindal Poly Films Limited (Jindal).
The final subsidy rates are listed in the
‘‘Final Results of Administrative
Review’’ section below.
DATES: Effective date: February 16, 2016.
FOR FURTHER INFORMATION CONTACT: Elfi
Blum, AD/CVD Operations, Office VII,
Enforcement and Compliance, U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–0197.
Scope of the Order
For the purposes of the order, the
products covered are all gauges of raw,
pretreated, or primed polyethylene
terephthalate film, sheet and strip,
whether extruded or coextruded.
Excluded are metallized films and other
finished films that have had at least one
of their surfaces modified by the
application of a performance-enhancing
resinous or inorganic layer of more than
0.00001 inches thick. Imports of PET
film are classifiable in the Harmonized
Tariff Schedule of the United States
(HTSUS) under item number
3920.62.00.90. HTSUS subheadings are
provided for convenience and customs
purposes. The written description of the
scope of the order is dispositive.
Analysis of Comments Received
The issues raised by Petitioners 3 and
Jindal in their case briefs, and
Petitioners’ rebuttal brief, are addressed
in the Issues and Decision
Memorandum.4 The issues are
Rescission of Countervailing Duty Administrative
Review; 2013, 80 FR 46956 (August 6, 2015)
(Preliminary Results 2013).
2 As explained in the memorandum from the
Acting Assistant Secretary for Enforcement &
Compliance, the Department has exercised its
discretion to toll all administrative deadlines due
to the recent closure of the Federal Government. All
deadlines in this segment of the proceeding have
been extended by four business days. The revised
deadline for the final results of this review is now
February 8, 2016. See Memorandum to the Record
from Ron Lorentzen, Acting A/S for Enforcement &
Compliance, regarding ‘‘Tolling of Adminstrative
Deadlines as a Result of the Government Closure
During Snowstorm Jonas,’’ dated January 27, 2016.
3 DuPont Teijin Films, Inc., Mitsubishi Polyester
Film, Inc. and SKC, Inc. (collectively,
‘‘Petitioners’’).
4 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Issues and Decision Memorandum for
the Final Results of Countervailing Duty
Administrative Review: Polyethylene Terephthalate
Film, Sheet, and Strip from India; 2013,’’ dated
concurrently with this notice and herein
E:\FR\FM\16FEN1.SGM
Continued
16FEN1
]]>Agencies
[Federal Register Volume 81, Number 30 (Tuesday, February 16, 2016)]
[Notices]
[Pages 7751-7753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03073]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-001]
Potassium Permanganate From the People's Republic of China:
Preliminary Results of the 2014 Antidumping Duty Administrative Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request by Pacific Accelerator Limited
(``PAL''), the Department of Commerce (the ``Department'') is
conducting an administrative review of the antidumping duty (``AD'')
order on potassium permanganate from the People's Republic of China
(the ``PRC'') for the period of review (``POR'') January 1, 2014,
through December 31, 2014.\1\ The Department preliminarily determines
that PAL sold subject merchandise in the United States at prices below
normal value (``NV'') during the POR. 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 entries of subject merchandise during the POR. Interested
parties are invited to comment on these preliminary results.
---------------------------------------------------------------------------
\1\ See Antidumping Duty Order: Potassium Permanganate from the
People's Republic of China, 49 FR 3897 (January 31, 1984).
---------------------------------------------------------------------------
DATES: Effective February 16, 2016.
FOR FURTHER INFORMATION CONTACT: Paul Walker or Javier Barrientos, AD/
CVD
[[Page 7752]]
Operations, Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone 202-482-0413
or 202-482-2243, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 2, 2015, the Department initiated an administrative review
of the antidumping order on potassium permanganate from the PRC.\2\
Between April and September 2015, the Department sent AD questionnaires
and supplemental questionnaires to PAL, to which it responded in a
timely manner. On October 5, 2015, the Department partially extended
the deadline for issuing the preliminary results until November 2,
2015.\3\ On October 27, 2015, the Department fully extended the
deadline for issuing the preliminary results until February 1, 2016.\4\
As explained in the memorandum from the Acting Assistant Secretary for
Enforcement and Compliance, the Department has exercised its discretion
to toll all administrative deadlines due to the recent closure of the
Federal Government. All deadlines in this segment of the proceeding
have been extended by four business days. The revised deadline for the
preliminary results of this administrative review is now February 5,
2016.\5\
---------------------------------------------------------------------------
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 80 FR 11166 (March 2, 2015) (``Initiation
Notice'').
\3\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Potassium Permanganate from the People's Republic of China:
Extension of Deadline for Preliminary Results of 2014 Antidumping
Duty Administrative Review,'' dated October 5, 2015.
\4\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Potassium Permanganate from the People's Republic of China:
Extension of Deadline for Preliminary Results of 2014 Antidumping
Duty Administrative Review,'' dated October 27, 2015.
\5\ See Memorandum to the Record from Ron Lorentzen, Acting A/S
for Enforcement & Compliance, regarding ``Tolling of Administrative
Deadlines As a Result of the Government Closure During Snowstorm
Jonas,'' dated January 27, 2016.
---------------------------------------------------------------------------
Scope of the Order
Imports covered by the order are shipments of potassium
permanganate, an inorganic chemical produced in free-flowing,
technical, and pharmaceutical grades. Potassium permanganate is
currently classifiable under item 2841.61.00 of the Harmonized Tariff
Schedule of the United States (``HTSUS''). Although the HTSUS item
number is provided for convenience and customs purposes, the written
description of the merchandise remains dispositive.
Methodology
The Department conducted this review in accordance with sections
751(a)(1)(B) and 751(a)(2)(A) of the Tariff Act of 1930, as amended
(the ``Act''). Export prices have been calculated in accordance with
section 772 of the Act. Because the PRC is a non-market economy
(``NME'') within the meaning of section 771(18) of the Act, NV has been
calculated in accordance with section 773(c) of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement aCnd Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (``ACCESS''). ACCESS is available
to registered users at https://access.trade.gov, and is available to all
parties in the Central Records Unit, room B8024 of the main Department
of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
PRC-Wide Entity
The Department's change in policy regarding conditional review of
the PRC-wide entity applies to this administrative review.\6\ Under
this policy, the PRC-wide entity will not be under review unless a
party specifically requests, or the Department self-initiates, a review
of the entity. Because no party requested a review of the PRC-wide
entity in this review, the entity is not under review and the entity's
rate (i.e., 128.94 percent) is not subject to change.
---------------------------------------------------------------------------
\6\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
---------------------------------------------------------------------------
Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margins exist for the period January 1, 2014,
through December 31, 2014:
------------------------------------------------------------------------
Weighted-
average
Exporter margin
(USD/
kilogram)
------------------------------------------------------------------------
Pacific Accelerator Limited................................. 2.20
------------------------------------------------------------------------
Disclosure, Public Comment and Opportunity To Request a Hearing
The Department will disclose the calculations used in our analysis
to parties in this review within five days of the date of publication
of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs within 30 days after the
date of publication of these preliminary results of review in the
Federal Register.\7\ Rebuttals to case briefs, which must be limited to
issues raised in the case briefs, must be filed within five days after
the time limit for filing case briefs.\8\ Parties who submit arguments
are requested to submit with the argument (a) a statement of the issue,
(b) a brief summary of the argument, and (c) a table of authorities.\9\
Parties submitting briefs should do so pursuant to the Department's
electronic filing system, ACCESS.
---------------------------------------------------------------------------
\7\ See 19 CFR 351.309(c)(1)(ii).
\8\ See 19 CFR 351.309(d)(1)-(2).
\9\ See 19 CFR 351.309(c)(2), (d)(2).
---------------------------------------------------------------------------
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 within 30 days of the date of
publication of this notice. Requests should contain: (1) The party's
name, address and telephone number; (2) the number of participants; and
(3) a list of issues parties intend to discuss. Issues raised in the
hearing will be limited to those raised in the respective case and
rebuttal briefs. 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 date and
time to be determined. See 19 CFR 351.310(d). Parties should confirm by
telephone the date, time, and location of the hearing two days before
the scheduled date.
The Department intends to issue the final results of this
administrative review, which will include the results of our analysis
of all issues raised in the case briefs, within 120 days of publication
of these preliminary results in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP
[[Page 7753]]
shall assess, antidumping duties on all appropriate entries covered by
this review.\10\ The Department intends to issue assessment
instructions to CBP 15 days after the publication date of the final
results of this review.
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\10\ See 19 CFR 351.212(b).
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For any individually examined respondent whose weighted average
dumping margin is above de minimis (i.e., 0.50 percent) in the final
results of this review, the Department will calculate importer-specific
assessment rates on the basis of the ratio of the total amount of
dumping calculated for the importer's examined sales to the total
entered value of sales, in accordance with 19 CFR 351.212(b)(1). Where
an importer- (or customer-) specific ad valorem rate is greater than de
minimis, the Department will instruct CBP to collect the appropriate
duties at the time of liquidation.\11\ Where either a respondent's
weighted average dumping margin is zero or de minimis, or an importer-
(or customer-) specific ad valorem is zero or de minimis, the
Department will instruct CBP to liquidate appropriate entries without
regard to antidumping duties.\12\
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\11\ See 19 CFR 351.212(b)(1).
\12\ See 19 CFR 351.106(c)(2).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise from the PRC entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For the companies listed above
that have a separate rate, the cash deposit rate will be that
established in the final results of this review (except, if the rate is
zero or de minimis, then zero cash deposit will be required); (2) for
previously investigated or reviewed PRC and non-PRC exporters not
listed above that received a separate rate in a prior segment of this
proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate; (3) for all PRC exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be that for the PRC-wide entity; and (4) for
all non-PRC exporters of subject merchandise which have not received
their own rate, the cash deposit rate will be the rate applicable to
the PRC exporter that supplied that non-PRC exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during the POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
These preliminary results are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: February 8, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Case History
3. Scope of the Order
4. Discussion of the Methodology
a. Non-Market Economy Country Status
b. Separate Rates
c. Surrogate Country
d. PRC-Wide Entity
e. Determination of Comparison Method
f. Results of Differential Pricing Analysis
g. Comparisons to Normal Value
h. Date of Sale
i. Export Price
j. Value Added Tax
k. Normal Value
l. Factor Valuations
m. Currency Conversion
5. Recommendation
[FR Doc. 2016-03073 Filed 2-12-16; 8:45 am]
BILLING CODE 3510-DS-P
