Furfuryl Alcohol From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015, 12876-12878 [2016-05554]
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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entered, or withdrawn from warehouse,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).
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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
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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).
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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
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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).
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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
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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
(https://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,
https://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
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]]>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]
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
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).
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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.
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\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).
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\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).
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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
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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\
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\18\ See 19 CFR 351.310(c).
\19\ See 19 CFR 351.310(d).
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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
