Furfuryl Alcohol From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015, 12876-12878 [2016-05554]

Download as PDF 12876 Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Notices location of the hearing two days before the scheduled date. The Department intends to issue the final results of this administrative review, including the results of its analysis of issues raised in any written briefs, not later than 120 days after the date of publication of this notice, unless the deadline is extended.7 asabaliauskas on DSK3SPTVN1PROD with NOTICES Assessment Rates Upon issuance of the final results, the Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review.8 We calculated importer-specific ad valorem duty assessment rates based on the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of the examined sales to that importer. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific assessment rate calculated in the final results of this review is above de minimis. Where either the exporter’s weighted-average dumping margin is zero or de minimis, or the importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.9 We intend to issue instructions to CBP 15 days after the publication date of the final results of this review. Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for LGE will be the rate established in the final results of this review, except if the rate is less than 0.50 percent and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for previously reviewed or investigated companies not participating in this review, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in 7 See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h). 8 See 19 CFR 351.212(b). 9 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14, 2012); 19 CFR 351.106(c)(2). VerDate Sep<11>2014 17:56 Mar 10, 2016 Jkt 238001 this review, a prior review, or the original investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 11.80 percent, the all-others rate established in the less-than-fair-value investigation.10 These 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) 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 could result in the Secretary’s presumption that reimbursement of antidumping duties and/or countervailing duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Dated: March 4, 2016. 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 the Methodology A. NV Comparisons 1. Determination of Comparison Method 2. Results of the Differential Pricing Analysis B. Product Comparisons C. EP and CEP D. NV 1. Home Market Viability and Selection of Comparison Market 2. Affiliated Party Transactions and Arm’sLength Test 3. Level of Trade (LOT) E. Cost of Production (COP) Analysis 1. Calculation of COP 2. Test of Comparison Market Sales Prices 3. Results of the COP Test F. Calculation of NV Based on Comparison Market Prices G. Calculation of NV Based on CV H. Currency Conversion 10 See Large Residential Washers From Mexico and the Republic of Korea: Antidumping Duty Orders, 78 FR 11148 (February 15, 2013). PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 V. Recommendation [FR Doc. 2016–05570 Filed 3–10–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–835] Furfuryl Alcohol From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2014–2015 Enforcement and Compliance, International Trade Administration, Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) is conducting an administrative review of the antidumping duty order on furfuryl alcohol from the People’s Republic of China (‘‘PRC’’). The period of review (‘‘POR’’) is June 1, 2014, through May 31, 2015. The review covers one exporter of subject merchandise.1 The Department preliminarily finds that the mandatory respondent, Qingdao WenKem Co., Ltd. (‘‘WenKem’’), has not demonstrated that it is eligible for a separate rate in this segment of the proceeding, and therefore, for the preliminary results, we are treating it as part of the PRC-wide entity. DATES: Effective March 11, 2016. FOR FURTHER INFORMATION CONTACT: Mandy Mallott, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–6430. SUPPLEMENTARY INFORMATION: AGENCY: Background On August 3, 2015, the Department initiated the first administrative review of the antidumping duty order on furfuryl alcohol from the PRC.2 On September 8, 2015, the Department issued an antidumping questionnaire to WenKem. WenKem submitted an entry of appearance on September 30, 2015, and on October 22, 2015, WenKem submitted a letter to the Department stating that it did not export furfuryl alcohol to the United States during the POR.3 However, U.S. Customs and 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 80 FR 45947 (August 3, 2015) (‘‘Initiation Notice’’). 2 See Initiation Notice. 3 See letters from WenKem, ‘‘ENTRY OF APPEARANCE A–570–835, Administrative Review of the Antidumping Order on Furfuryl Alcohol from the People’s Republic of China (PRC) for the Period 6/1/2014 through 5/31/2015,’’ dated September 30, E:\FR\FM\11MRN1.SGM 11MRN1 Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Notices Border Protection (‘‘CBP’’) import data on the record of this administrative review indicate that WenKem did have exports of subject merchandise to the United States during the POR.4 Additionally, PennAKem LLC (‘‘Petitoner’’) placed publicly available information on the record of this administrative review indicating that WenKem exported furfuryl alcohol to the United States during the POR.5 WenKem did not comment on either the CBP import data or the information placed on the record by the Petitioner (both of which were on the record prior to WenKem’s statement that it had no shipments of furfuryl alcohol to the United States during the POR). Scope of the Order The merchandise covered by this order is furfuryl alcohol (C4H3OCH2OH). Furfuryl alcohol is a primary alcohol, and is colorless or pale yellow in appearance. It is used in the manufacture of resins and as a wetting agent and solvent for coating resins, nitrocellulose, cellulose acetate, and other soluble dyes. The product subject to this order is classifiable under subheading 2932.13.00 6 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Although the HTSUS subheading is provided for convenience and customs purposes, our written description of the scope is dispositive. asabaliauskas on DSK3SPTVN1PROD with NOTICES Nonmarket Economy Country The Department considers the PRC to be an nonmarket economy (‘‘NME’’) country.7 In accordance with section 2015, and ‘‘Administrative Review of the Antidumping Order on Furfuryl Alcohol from the People’s Republic of China (PRC) for the Period 6/ 1/2014 through 5/31/2015,’’ dated October 22, 2015. 4 See letter from the Department, ‘‘2014–2015 Administrative Review of the Antidumping Duty Order on Furfuryl Alcohol from the People’s Republic of China: U.S. Customs and Border Protection Import Data, for Use in Respondent Selection,’’ dated August 19, 2015 (‘‘CBP Import Data’’). 5 See letter from Petitioner, ’’ Furfuryl Alcohol from the PRC Administrative Review (06.01.14– 05.31.15): Evidentiary Submission,’’ dated October 13, 2015. 6 29 (‘‘Organic Chemicals’’); .32 (‘‘Heterocyclic compounds with oxygen hetero-atom(s) only: Compounds containing an unfused furan ring (whether or not hydrogenated) in the structure:’’); .13.00 (‘‘Furfuryl alcohol and tetrahydrofurfuryl alcohol’’). 7 See, e.g., Certain Kitchen Appliance Shelving and Racks From the People’s Republic of China: Preliminary Results of the First Administrative Review, Preliminary Rescission, in Part, and Extension of Time Limits for the Final Results, 76 FR 62765, 62767–68 (October 11, 2011), unchanged in Certain Kitchen Appliance Shelving and Racks From the People’s Republic of China: Final Results and Partial Rescission of First Antidumping Duty Administrative Review, 77 FR 21734 (April 11, 2012). VerDate Sep<11>2014 17:56 Mar 10, 2016 Jkt 238001 771(18)(C)(i) of the Tariff Act of 1930, as amended (‘‘the Act’’), any determination that a foreign country is an NME country shall remain in effect until revoked by the administering authority. Therefore, we continue to treat the PRC as an NME country for purposes of these preliminary results. Application of Separate Rates in NME Proceedings In the Initiation Notice, the Department notified parties of the application process by which exporters may obtain separate rate status in an NME proceeding.8 It is the Department’s policy to assign all exporters of the merchandise subject to review in NME countries a single rate unless an exporter can affirmatively demonstrate an absence of government control, both in law (de jure) and in fact (de facto), with respect to exports. To establish whether a company is sufficiently independent to be entitled to a separate, company-specific rate, the Department analyzes each exporting entity in an NME country under the test established in Sparklers,9 as further developed by Silicon Carbide.10 However, if the Department determines that a company is wholly foreign-owned, then an analysis of the de jure and de facto criteria is not necessary to determine whether it is independent from government control.11 Separate Rates Although WenKem reported it had no shipments of furfuryl alcohol to the United States during the POR, we received a response from CBP contrary to this claim.12 Because WenKem did not address evidence contrary to its no shipments claim (i.e., that it in fact shipped subject merchandise to the United States during the POR), the uncontroverted evidence on the record of this segment of the proceeding is that this company had shipments of subject merchandise to the United States during the POR and, thus, is properly under review. Furthermore, WenKem did not submit a separate rate application or certification to demonstrate that it was eligible to receive a separate rate. Thus, consistent with our practice in NME 8 See Initiation Notice. Final Determination of Sales at Less Than Fair Value: Sparklers From the People’s Republic of China, 56 FR 20588 (May 6, 1991) (‘‘Sparklers’’). 10 See Notice of Final Determination of Sales at Less Than Fair Value: Silicon Carbide From the People’s Republic of China, 59 FR 22585 (May 2, 1994) (‘‘Silicon Carbide’’). 11 See, e.g., Final Results of Antidumping Duty Administrative Review: Petroleum Wax Candles From the People’s Republic of China, 72 FR 52355, 52356 (September 13, 2007). 12 See CBP Import Data. 12877 proceedings discussed above, we are treating WenKem as part of the PRCwide entity for the preliminary results of this review. In this regard, we note that our determination with respect to WenKem is not the result of adverse facts available. PRC-Wide Entity The Department’s change in policy regarding conditional review of the PRC-wide entity applies to this administrative review.13 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 is not subject to change (i.e., 45.27 percent). Preliminary Results of Review The Department preliminarily determines that Qingdao WenKem Co., Ltd. is part of the PRC-wide entity and that the following weighted-average dumping margin applies for the period June 1, 2014, through May 31, 2015: Exporter PRC-Wide Entity ................... Weightedaverage dumping margin (percent) 45.27 Public Comment and Opportunity To Request a Hearing Interested parties may submit case briefs within 30 days after the date of publication of these preliminary results of review in the Federal Register.14 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.15 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.16 Parties submitting briefs should do so pursuant to the Department’s electronic filing system, ACCESS.17 Any interested party may request a hearing within 30 days of publication of 9 See PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 13 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). 14 See 19 CFR 351.309(c)(1)(ii). 15 See 19 CFR 351.309(d)(1)–(2). 16 See 19 CFR 351.309(c)(2), (d)(2). 17 See 19 CFR 351.303 (for general filing requirements). E:\FR\FM\11MRN1.SGM 11MRN1 12878 Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Notices this notice.18 Hearing requests should contain the following information: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Oral presentations will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230.19 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. shall remain in effect until further notice. Assessment Rates Dated: March 7, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Upon issuance of the final results, the Department will determine, and 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 the final results of this review. asabaliauskas on DSK3SPTVN1PROD with NOTICES The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise 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) As described above, we preliminarily determine that WenKem is not eligible for a separate rate, and therefore, as part of the PRCwide entity, its exports to the U.S. are subject to the PRC-wide rate of 45.27 percent; (2) for previously investigated or reviewed PRC and non-PRC exporters who are not under review in this segment of the proceeding but who have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (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 the PRC-wide rate of 45.27 percent; 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(s) that supplied that non-PRC exporter. These deposit requirements, when imposed, 19 See 19 CFR 351.310(c). 19 CFR 351.310(d). VerDate Sep<11>2014 17:56 Mar 10, 2016 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 off antidumping duties prior to liquidation of the relevant entries during this 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. This administrative review and notice are in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213. [FR Doc. 2016–05554 Filed 3–10–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Cash Deposit Requirements 18 See Notification to Importers Jkt 238001 Gulf of Mexico Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting via webinar. AGENCY: The Gulf of Mexico and South Atlantic Fishery Management Councils will hold a Joint Spiny Lobster Review Panel meeting via webinar. DATES: The webinar will convene on Monday, March 28, 2016, 10 a.m. to 12 p.m. EDT. ADDRESSES: The meeting will take place via webinar. FOR FURTHER INFORMATION CONTACT: Dr. Morgan Kilgour, Fishery Biologist, Gulf of Mexico Fishery Management Council; morgan.kilgour@gulfcouncil.org, telephone: (813) 348–1630; and Kari Maclauchlin, Fishery Social Scientist; kari.maclauchlin@safmc.net, telephone: (843) 571–4366. SUPPLEMENTARY INFORMATION: Please register for the Gulf of Mexico and South Atlantic Fishery Management Councils: Joint Spiny Lobster Review Panel Meeting on March 28, 2016, 10 a.m. EDT at: https:// attendee.gotowebinar.com/register/ SUMMARY: PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 6852168931907017731. After registering, you will receive a confirmation email containing information about joining the webinar. Agenda Staff will start the meeting with introductions. The review panel will review the 2014/15 spiny lobster landings and the 2015 Spiny Lobster Review Panel Report. The review panel will also review landings, effort, projections and commercial reporting requirements. The review panel will then discuss the 2014/2015 Annual Catch Target (ACT) overage. —Meeting Adjourns— The Agenda is subject to change, and the latest version along with other meeting materials will be posted on the Council’s file server. To access the file server, the URL is https:// public.gulfcouncil.org:5001/webman/ index.cgi, or go to the Council’s Web site and click on the FTP link in the lower left of the Council Web site (http://www.gulfcouncil.org). The username and password are both ‘‘gulfguest’’. Click on the ‘‘Library Folder’’, then scroll down to ‘‘Joint Spiny Lobster Review Panel meeting2016–03’’. The meeting will be webcast over the Internet. A link to the webcast will be available on the Council’s Web site, http://www.gulfcouncil.org. Although other non-emergency issues not on the agenda may come before the Review Panel for discussion, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act, those issues may not be the subject of formal action during this meeting. Actions of the Review Panel will be restricted to those issues specifically identified in the agenda and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council’s intent to take action to address the emergency. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Kathy Pereira at the Gulf Council Office (see ADDRESSES), at least 5 working days prior to the meeting. Dated: March 8, 2016. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016–05546 Filed 3–10–16; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\11MRN1.SGM 11MRN1

Agencies

[Federal Register Volume 81, Number 48 (Friday, March 11, 2016)]
[Notices]
[Pages 12876-12878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05554]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-835]


Furfuryl Alcohol From the People's Republic of China: Preliminary 
Results of Antidumping Duty Administrative Review; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Commerce.
SUMMARY: The Department of Commerce (``Department'') is conducting an 
administrative review of the antidumping duty order on furfuryl alcohol 
from the People's Republic of China (``PRC''). The period of review 
(``POR'') is June 1, 2014, through May 31, 2015. The review covers one 
exporter of subject merchandise.\1\ The Department preliminarily finds 
that the mandatory respondent, Qingdao WenKem Co., Ltd. (``WenKem''), 
has not demonstrated that it is eligible for a separate rate in this 
segment of the proceeding, and therefore, for the preliminary results, 
we are treating it as part of the PRC-wide entity.
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 80 FR 45947 (August 3, 2015) (``Initiation 
Notice'').

---------------------------------------------------------------------------
DATES: Effective March 11, 2016.

FOR FURTHER INFORMATION CONTACT: Mandy Mallott, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6430.

SUPPLEMENTARY INFORMATION: 

Background

    On August 3, 2015, the Department initiated the first 
administrative review of the antidumping duty order on furfuryl alcohol 
from the PRC.\2\ On September 8, 2015, the Department issued an 
antidumping questionnaire to WenKem. WenKem submitted an entry of 
appearance on September 30, 2015, and on October 22, 2015, WenKem 
submitted a letter to the Department stating that it did not export 
furfuryl alcohol to the United States during the POR.\3\ However, U.S. 
Customs and

[[Page 12877]]

Border Protection (``CBP'') import data on the record of this 
administrative review indicate that WenKem did have exports of subject 
merchandise to the United States during the POR.\4\ Additionally, 
PennAKem LLC (``Petitoner'') placed publicly available information on 
the record of this administrative review indicating that WenKem 
exported furfuryl alcohol to the United States during the POR.\5\ 
WenKem did not comment on either the CBP import data or the information 
placed on the record by the Petitioner (both of which were on the 
record prior to WenKem's statement that it had no shipments of furfuryl 
alcohol to the United States during the POR).
---------------------------------------------------------------------------

    \2\ See Initiation Notice.
    \3\ See letters from WenKem, ``ENTRY OF APPEARANCE A-570-835, 
Administrative Review of the Antidumping Order on Furfuryl Alcohol 
from the People's Republic of China (PRC) for the Period 6/1/2014 
through 5/31/2015,'' dated September 30, 2015, and ``Administrative 
Review of the Antidumping Order on Furfuryl Alcohol from the 
People's Republic of China (PRC) for the Period 6/1/2014 through 5/
31/2015,'' dated October 22, 2015.
    \4\ See letter from the Department, ``2014-2015 Administrative 
Review of the Antidumping Duty Order on Furfuryl Alcohol from the 
People's Republic of China: U.S. Customs and Border Protection 
Import Data, for Use in Respondent Selection,'' dated August 19, 
2015 (``CBP Import Data'').
    \5\ See letter from Petitioner, '' Furfuryl Alcohol from the PRC 
Administrative Review (06.01.14-05.31.15): Evidentiary Submission,'' 
dated October 13, 2015.
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Scope of the Order

    The merchandise covered by this order is furfuryl alcohol 
(C4H3OCH2OH). Furfuryl alcohol is a 
primary alcohol, and is colorless or pale yellow in appearance. It is 
used in the manufacture of resins and as a wetting agent and solvent 
for coating resins, nitrocellulose, cellulose acetate, and other 
soluble dyes. The product subject to this order is classifiable under 
subheading 2932.13.00 \6\ of the Harmonized Tariff Schedule of the 
United States (``HTSUS''). Although the HTSUS subheading is provided 
for convenience and customs purposes, our written description of the 
scope is dispositive.
---------------------------------------------------------------------------

    \6\ 29 (``Organic Chemicals''); .32 (``Heterocyclic compounds 
with oxygen hetero-atom(s) only: Compounds containing an unfused 
furan ring (whether or not hydrogenated) in the structure:''); 
.13.00 (``Furfuryl alcohol and tetrahydrofurfuryl alcohol'').
---------------------------------------------------------------------------

Nonmarket Economy Country

    The Department considers the PRC to be an nonmarket economy 
(``NME'') country.\7\ In accordance with section 771(18)(C)(i) of the 
Tariff Act of 1930, as amended (``the Act''), any determination that a 
foreign country is an NME country shall remain in effect until revoked 
by the administering authority. Therefore, we continue to treat the PRC 
as an NME country for purposes of these preliminary results.
---------------------------------------------------------------------------

    \7\ See, e.g., Certain Kitchen Appliance Shelving and Racks From 
the People's Republic of China: Preliminary Results of the First 
Administrative Review, Preliminary Rescission, in Part, and 
Extension of Time Limits for the Final Results, 76 FR 62765, 62767-
68 (October 11, 2011), unchanged in Certain Kitchen Appliance 
Shelving and Racks From the People's Republic of China: Final 
Results and Partial Rescission of First Antidumping Duty 
Administrative Review, 77 FR 21734 (April 11, 2012).
---------------------------------------------------------------------------

Application of Separate Rates in NME Proceedings

    In the Initiation Notice, the Department notified parties of the 
application process by which exporters may obtain separate rate status 
in an NME proceeding.\8\ It is the Department's policy to assign all 
exporters of the merchandise subject to review in NME countries a 
single rate unless an exporter can affirmatively demonstrate an absence 
of government control, both in law (de jure) and in fact (de facto), 
with respect to exports. To establish whether a company is sufficiently 
independent to be entitled to a separate, company-specific rate, the 
Department analyzes each exporting entity in an NME country under the 
test established in Sparklers,\9\ as further developed by Silicon 
Carbide.\10\ However, if the Department determines that a company is 
wholly foreign-owned, then an analysis of the de jure and de facto 
criteria is not necessary to determine whether it is independent from 
government control.\11\
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    \8\ See Initiation Notice.
    \9\ See Final Determination of Sales at Less Than Fair Value: 
Sparklers From the People's Republic of China, 56 FR 20588 (May 6, 
1991) (``Sparklers'').
    \10\ See Notice of Final Determination of Sales at Less Than 
Fair Value: Silicon Carbide From the People's Republic of China, 59 
FR 22585 (May 2, 1994) (``Silicon Carbide'').
    \11\ See, e.g., Final Results of Antidumping Duty Administrative 
Review: Petroleum Wax Candles From the People's Republic of China, 
72 FR 52355, 52356 (September 13, 2007).
---------------------------------------------------------------------------

Separate Rates

    Although WenKem reported it had no shipments of furfuryl alcohol to 
the United States during the POR, we received a response from CBP 
contrary to this claim.\12\ Because WenKem did not address evidence 
contrary to its no shipments claim (i.e., that it in fact shipped 
subject merchandise to the United States during the POR), the 
uncontroverted evidence on the record of this segment of the proceeding 
is that this company had shipments of subject merchandise to the United 
States during the POR and, thus, is properly under review. Furthermore, 
WenKem did not submit a separate rate application or certification to 
demonstrate that it was eligible to receive a separate rate. Thus, 
consistent with our practice in NME proceedings discussed above, we are 
treating WenKem as part of the PRC-wide entity for the preliminary 
results of this review. In this regard, we note that our determination 
with respect to WenKem is not the result of adverse facts available.
---------------------------------------------------------------------------

    \12\ See CBP Import Data.
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PRC-Wide Entity

    The Department's change in policy regarding conditional review of 
the PRC-wide entity applies to this administrative review.\13\ 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 is not subject to change (i.e., 45.27 percent).
---------------------------------------------------------------------------

    \13\ 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 Qingdao WenKem Co., 
Ltd. is part of the PRC-wide entity and that the following weighted-
average dumping margin applies for the period June 1, 2014, through May 
31, 2015:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
PRC-Wide Entity.........................................           45.27
------------------------------------------------------------------------

Public Comment and Opportunity To Request a Hearing

    Interested parties may submit case briefs within 30 days after the 
date of publication of these preliminary results of review in the 
Federal Register.\14\ 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.\15\ 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.\16\ Parties submitting briefs should do so pursuant to the 
Department's electronic filing system, ACCESS.\17\
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    \14\ See 19 CFR 351.309(c)(1)(ii).
    \15\ See 19 CFR 351.309(d)(1)-(2).
    \16\ See 19 CFR 351.309(c)(2), (d)(2).
    \17\ See 19 CFR 351.303 (for general filing requirements).
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    Any interested party may request a hearing within 30 days of 
publication of

[[Page 12878]]

this notice.\18\ Hearing requests should contain the following 
information: (1) The party's name, address, and telephone number; (2) 
the number of participants; and (3) a list of the issues to be 
discussed. Oral presentations will be limited to issues raised in the 
briefs. If a request for a hearing is made, parties will be notified of 
the time and date for the hearing to be held at the U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230.\19\
---------------------------------------------------------------------------

    \18\ See 19 CFR 351.310(c).
    \19\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    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 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 the final 
results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise 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) As described 
above, we preliminarily determine that WenKem is not eligible for a 
separate rate, and therefore, as part of the PRC-wide entity, its 
exports to the U.S. are subject to the PRC-wide rate of 45.27 percent; 
(2) for previously investigated or reviewed PRC and non-PRC exporters 
who are not under review in this segment of the proceeding but who have 
separate rates, the cash deposit rate will continue to be the exporter-
specific rate published for the most recent period; (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 the PRC-wide 
rate of 45.27 percent; 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(s) 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 off antidumping duties prior to liquidation 
of the relevant entries during this 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.
    This administrative review and notice are in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213.

     Dated: March 7, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-05554 Filed 3-10-16; 8:45 am]
 BILLING CODE 3510-DS-P