Certain Cut-to-Length Carbon Steel Plate From the People's Republic of China: Preliminary Results of Antidumping Administrative Review, Preliminary Determination of No Shipments, in Part, and Partial Rescission; 2014-2015, 53412-53414 [2016-19250]
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Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
Comment 10: Whether the Department
Should Make an Adjustment for Nippon
Group’s Purchases of Iron Ore at Below
Market Value
Comment 11: Whether the Department
Should Accept Nippon Group’s ValueAdded Calculation and Its Unreported
Further-Manufactured U.S. sales
Comment 12: Further Manufacturing
Financial Expense Ratio
Comment 13: General & Administrative
Expense Ratio
JFE Group
Comment 14: Whether the Department
Erred in Applying Adverse Facts
Available to Certain Downstream Home
Market Sales
Comment 15: Whether Adverse Facts
Available is Warranted for Other
Unreported Downstream Sales
Comment 16: Whether Shoji America’s
Indirect Selling Expense Should be
Increased
Comment 17: Whether Shoji America’s
Freight Expense Should be Increased
Comment 18: Whether Verification Minor
Corrections Should be Incorporated into
the Final Determination
Comment 19: Whether the Department
Erred by Resetting JFES’s Reported Home
Market Credit Expense
Comment 20: Whether the Department
Should Apply a CEP Offset on JFE’s CEP
Sales
Comment 21: Whether the Department
Should Exclude Sales by CSI from its
Antidumping Calculation
Comment 22: Whether the Department
Should Continue to Apply AFA to the
Cost of Inputs Supplied by JFE Shoji
Comment 23: Whether the Department
Erred in Applying the Transactions
Disregarded Adjustment
Comment 24: Whether the Department
Should Adjust JFE’s COM for Non-Prime
Products
Comment 25: Whether the Department
Should Increase JFE’s COM for
Reconciliation Differences
Tokyo Steel
Comment 26: Whether the Department’s
Refusal to Select Tokyo Steel as a
Mandatory Respondent Is Unlawful
Comment 27: Whether the Department
Should Correct the Clerical Error in Its
Preliminary Results
IX. Recommendation
[FR Doc. 2016–19378 Filed 8–11–16; 8:45 am]
mstockstill on DSK3G9T082PROD with NOTICES
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–849]
Certain Cut-to-Length Carbon Steel
Plate From the People’s Republic of
China: Preliminary Results of
Antidumping Administrative Review,
Preliminary Determination of No
Shipments, in Part, and Partial
Rescission; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
DATES:
Effective August 12, 2016.
The Department of Commerce
(‘‘Department’’) is conducting an
administrative review of the
antidumping duty order on certain cutto-length carbon steel plate (‘‘CTL
plate’’) from the People’s Republic of
China (‘‘PRC’’) covering the period of
review (‘‘POR’’) November 1, 2014,
through October 31, 2015. We
preliminarily find that of the two
companies under review, one made no
shipments of subject merchandise
during the POR and the other company
has not demonstrated its eligibility for
separate rate status, and, thus, is part of
the PRC-wide entity. Interested parties
are invited to comment on these
preliminary results.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Jonathan Hill, AD/CVD Operations,
Office IV, Enforcement & Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–3518.
SUPPLEMENTARY INFORMATION:
Background
After initiating this review,1 the
Department issued an antidumping duty
questionnaire to Hunan Valin Xiangtan
Iron and Steel Co., Ltd. (‘‘Hunan
Valin’’), which notified the Department
that it would not respond to the
questionnaire. The other respondent,
Wuyang Iron & Steel Co., Ltd. (‘‘Wuyang
Steel’’) reported that it made no exports,
sales, or entries during the POR. All
review requests were timely withdrawn
for the other 14 companies for which
this review was initiated. For a
complete description of the events that
followed the initiation of this
administrative review, see the
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
739 (January 7, 2016) (‘‘Initiation Notice’’).
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Preliminary Decision Memorandum
hereby adopted by, this notice.2
The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘ACCESS’’).
ACCESS is available to registered users
at https://access.trade.gov and in the
Central Records Unit, room B8024 of the
main Department of Commerce
building. In addition, a complete
version of the Preliminary Results
Decision Memorandum can be accessed
directly on the Internet at https://
enforcement.trade.gov/frn/.
The signed and the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
The Department has exercised its
discretion to toll all administrative
deadlines due to the closure of the
Federal Government because of
Snowstorm ‘‘Jonas’’. Thus, all of the
deadlines in this segment of the
proceeding have been extended by four
business days. The revised deadline for
the preliminary results of review is now
August 5, 2016.3
Scope of the Order
The product covered by the order is
certain cut-to-length carbon steel plate
from the PRC.4 This merchandise is
currently classified in the Harmonized
Tariff Schedule of the United States
(‘‘HTSUS’’) under item numbers
7208.40.3030, 7208.40.3060,
7208.51.0030, 7208.51.0045,
7208.51.0060, 7208.52.0000,
7208.53.0000, 7208.90.0000,
7210.70.3000, 7212.40.5000, and
7212.50.0000. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of the
order is dispositive.
Partial Rescission
Pursuant to 19 CFR 351.213(d)(1), the
Department will rescind an
2 See the memorandum from Christian Marsh,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations to Ronald K.
Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance ‘‘Decision
Memorandum for the Preliminary Results of the
Antidumping Duty Administrative Review of
Certain Cut-to-Length Carbon Steel Plate from the
People’s Republic of China,’’ dated concurrently
with this notice (‘‘Preliminary Decision
Memorandum’’).
3 See Memorandum to the Record from Ron
Lorentzen, Acting Assistant Secretary for
Enforcement & Compliance, regarding ‘‘Tolling of
Administrative Deadlines as a Result of the
Government Closure during Snowstorm Jonas,’’
dated January 27, 2016.
4 For a complete description of the scope of the
order see Preliminary Decision Memorandum.
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Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
administrative review, in whole or in
part, if a party that requested the review
withdraws its request within 90 days of
the date of publication of the notice of
initiation of the requested review. Nucor
Corporation (‘‘Petitioner’’), the only
party to request a review of the
companies listed below, withdrew its
request for an administrative review of
these 14 companies within 90 days of
the date of publication of Initiation
Notice.5 Accordingly, the Department is
rescinding this review, in part, with
respect to the following companies, in
accordance with 19 CFR 351.213(d)(1): 6
Fujitrans Corporation
Guangzhou Metals and Minerals Imp. &
Exp. Ltd.
Guardian Shanghai
Hong Kong Shengyu Trading Co. Ltd.
Hong Kong Zhong Yuan Industrial Co.,
Ltd.
Jiangyin Xingcheng Plastic Chemical
Co., Ltd.
Jiangyin Xingcheng Special Steel Works
Co., Ltd.
Ningbo Jiangdong Trusty Import and
Export Co., Ltd.
Shanghai Ruyi Import and Export Co.,
Ltd.
Shanxi Taigang Stainless Steel Co., Ltd.
Shenzhen Wins Technology Co., Ltd.
UBI Logistics China Limited
Wuxi Philloy Machinery Co., Ltd.
Xiamen C&D Paper & Pulp Co., Ltd.
Methodology
The Department is conducting this
review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as
amended (‘‘the Act’’). For a full
discussion of the decisions taken in
these preliminary results, see the
Preliminary Decision Memorandum.
Preliminary Results of Review
As noted above, Hunan Valin did not
respond to the Department’s
antidumping duty questionnaire.
Therefore, the Department preliminarily
determines that Hunan Valin has not
demonstrated its eligibility for separate
rate status and is part of the PRC-wide
entity.7 The PRC-wide entity rate is
128.59 percent.8
Preliminary Determination of No
Shipments
Wuyang Steel submitted a timely-filed
certification that it had no exports,
sales, or entries of subject merchandise
during the POR.9 A query of U.S.
Customs and Border Protection (‘‘CBP’’)
data did not show any POR entries of
subject merchandise from Wuyang
Steel.10 In addition, CBP did not
identify any entries of subject
merchandise from Wuyang Steel during
the POR in response to an inquiry from
the Department asking CBP for such
information.11 Based on the foregoing,
the Department preliminarily
determines that Wuyang Steel did not
have any reviewable transactions during
the POR. For additional information
regarding this determination, see the
Preliminary Decision Memorandum.
Consistent with its practice in NME
cases, the Department is not rescinding
this administrative review for Wuyang
Steel, but intends to complete the
review and issue appropriate
instructions to CBP based on the final
results of the review.
Public Comment
Interested parties are invited to
comment on the preliminary results and
may submit case briefs and/or written
comments, filed electronically using
ACCESS, within 30 days of the date of
publication of this notice, pursuant to
19 CFR 351.309(c)(1)(ii). Rebuttal briefs,
limited to issues raised in the case
briefs, will be due five days after the
due date for case briefs, pursuant to 19
CFR 351.309(d). Parties who submit
case or rebuttal briefs in this review are
requested to submit with each argument
a statement of the issue, a summary of
the argument not to exceed five pages,
and a table of statutes, regulations, and
cases cited, in accordance with 19 CFR
351.309(c)(2).
7 See
mstockstill on DSK3G9T082PROD with NOTICES
5 See
Letter from Petitioner to the Secretary of
Commerce ‘‘Certain Cut-To-Length Carbon Steel
Plate from the People’s Republic of China:
Withdrawal of Request for Administrative Review,’’
dated April 6, 2016.
6 As stated in Change in Practice in NME Reviews,
the Department will no longer consider the nonmarket economy (‘‘NME’’) entity as an exporter
conditionally subject to administrative reviews. 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) (‘‘Change in Practice
in NME Reviews’’). The PRC-wide entity is not
subject to this administrative review because no
interested party requested a review of the entity.
See Initiation Notice.
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Preliminary Decision Memorandum.
Final Determination of Sales at Less Than
Fair Value: Certain Cut-to-Length Carbon Steel
Plate From the People’s Republic of China, 62 FR
61964 (November 20, 1997). Because no party
requested a review of the PRC-wide entity in this
segment of the proceeding, the entity’s rate is not
subject to change. See Change in Practice in NME
Reviews.
9 See Letter from Wuyang Steel to the Secretary
of Commerce ‘‘Administrative Review of Certain
Cut-to-Length Carbon Steel Plate from China:
Wuyang Iron & Steel’s No Shipment Certification,’’
dated January 15, 2016.
10 See letter from Howard Smith, Program
Manager, AD/CVD Operations, Office IV,
Enforcement & Compliance to interested parties
dated January 21, 2016.
11 See CBP Message Number 6155301 dated June
3, 2016.
8 See
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53413
Pursuant to 19 CFR 351.310(c),
interested parties, who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, filed
electronically using ACCESS.
Electronically filed case briefs/written
comments and hearing requests must be
received successfully in their entirety by
the Department’s electronic records
system, ACCESS, by 5:00 p.m. Eastern
Time, within 30 days after the date of
publication of this notice.12 Hearing
requests should contain: (1) The party’s
name, address and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. Issues
raised in the hearing will be limited to
those issues raised in the respective case
briefs. If a request for a hearing is made,
parties will be notified of the time and
date of the hearing which will be held
at the U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington DC 20230.
Unless extended, the Department
intends to issue the final results of this
administrative review, including the
results of its analysis of the issues raised
in any written briefs, not later than 120
days after the date of publication of this
notice, pursuant to section 751(a)(3)(A)
of the Act.
Assessment Rates
Upon issuance of the final results of
this review, the Department will
determine, and CBP shall assess,
antidumping duties on all appropriate
entries covered by this review.13 The
Department intends to issue assessment
instructions to CBP 15 days after the
publication date of the final results of
this review. The Department intends to
instruct CBP to liquidate any entries of
subject merchandise from Hunan Valin
at 128.59 percent (the PRC-wide rate).
Additionally, pursuant to the
Department’s practice in NME cases, if
we continue to determine that Wuyang
Steel had no shipments of subject
merchandise, any suspended entries of
subject merchandise during the POR
from Wuyang Steel will be liquidated at
the PRC-wide rate.14
For companies for which the review
has been rescinded, the Department will
instruct CBP to assess antidumping
duties on entries of subject merchandise
at rates equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
12 See
19 CFR 351.310(c).
19 CFR 351.212(b)(1).
14 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
13 See
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Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
warehouse, for consumption, in
accordance with 19 CFR 351.212(c)(l)(i).
Allegation of Duty Evasion
Recommendation
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 of the final results of review, as
provided by section 751(a)(2)(C) of the
Act: (1) For previously investigated or
reviewed PRC and non-PRC exporters
which are not under review in this
segment of the proceeding but which
have separate rates, the cash deposit rate
will continue to be the exporter-specific
rate published for the most recent
period; (2) for all PRC exporters of
subject merchandise that have not been
granted a separate rate, including Hunan
Valin, the cash deposit rate will be the
PRC-wide rate of 128.59 percent; and (3)
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.
[FR Doc. 2016–19250 Filed 8–11–16; 8:45 am]
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping 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 351.213(d)(4) and 351.221(b)(4).
Dated: August 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
mstockstill on DSK3G9T082PROD with NOTICES
Appendix
List of Sections in the Preliminary Decision
Memorandum
Summary
Background
Scope of the Order
Partial Rescission
Discussion of the Methodology
Non-Market Economy Country Status
Separate Rates
Preliminary Determination of No
Shipments
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Rescission of Administrative Review in
Part
BILLING CODE 3510–DS–P
We are rescinding the administrative
review in part with respect to
PhosAgro.1
DEPARTMENT OF COMMERCE
Methodology
International Trade Administration
The Department conducted these
reviews in accordance with section
751(a)(2) of the Tariff Act of 1930, as
amended (the Act). Export and
constructed export price are calculated
in accordance with section 772(a) and
772(b) of the Act respectively. Normal
value is calculated in accordance with
section 773(c) of the Act.
For a full description of the
methodology underlying our
conclusions, see Preliminary Decision
Memorandum.2 The Preliminary
Decision Memorandum is a public
document and is made available to the
public via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and to all
parties in the Central Records Unit,
located at room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be found at https://
enforcement.trade.gov/frn/.
A list of the topics discussed in the
Preliminary Decision Memorandum is
attached as an Appendix to this notice.
[A–821–801]
Solid Urea From the Russian
Federation: Preliminary Results of
Antidumping Duty Administrative and
New Shipper Reviews and Rescission
of Administrative Review, in Part;
2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(the Department) is conducting an
administrative review and new shipper
review of the antidumping duty order
on solid urea from the Russian
Federation (Russia). The period of
review (POR) is July 1, 2014, through
June 30, 2015. The Department
preliminarily finds that MCC EuroChem
and Joint Stock Company PhosAgroCherepovets (PhosAgro) have not made
sales of subject merchandise in the
United States at prices below normal
value. Interested parties are invited to
comment on these preliminary results.
SUMMARY:
DATES:
Effective August 12, 2016.
FOR FURTHER INFORMATION CONTACT:
Michael Romani or Andre Gziryan, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–0198 or (202) 482–2201,
respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order
is solid urea, a high-nitrogen content
fertilizer which is produced by reacting
ammonia with carbon dioxide. The
product is currently classified under the
Harmonized Tariff Schedules of the
United States (HTSUS) item number
3102.10.0010. Previously such
merchandise was classified under item
number 480.3000 and 3102.10.0000 of
the HTSUS. Although the HTSUS
subheading is provided for convenience
and customs purposes, the written
description of the merchandise subject
to the order is dispositive.
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Preliminary Results of the
Administrative Review
As a result of this administrative
review, we preliminarily determine that
a weighted-average dumping margin of
0.00 percent exists for MCC EuroChem3
for the period July 1, 2014, through June
30, 2015.
1 See Preliminary Decision Memorandum at 3 for
more details on this rescission in part. As noted in
the Preliminary Decision Memorandum, we will not
issue assessment instructions as a result of the
rescission of the administrative review with respect
to Phos Agro, given the ongoing new shipper
review. Id. n.13.
2 See memorandum from Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to Ronald K. Lorentzen, Acting Assistant Secretary
for Enforcement and Compliance, ‘‘Decision
Memorandum for Preliminary Results of
Antidumping Duty Administrative and New
Shipper Review: Solid Urea from the Russian
Federation,’’ dated concurrently with this notice
(Preliminary Decision Memorandum), which is
hereby adopted by this notice.
3 OJSC Nevinnomysskiy Azot, and OJSC NAK
Azot (a.k.a., Novomoskovskiy Azot, OJSC) are
producing subsidiaries of MCC EuroChem.
E:\FR\FM\12AUN1.SGM
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Agencies
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Notices]
[Pages 53412-53414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19250]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-849]
Certain Cut-to-Length Carbon Steel Plate From the People's
Republic of China: Preliminary Results of Antidumping Administrative
Review, Preliminary Determination of No Shipments, in Part, and Partial
Rescission; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective August 12, 2016.
SUMMARY: The Department of Commerce (``Department'') is conducting an
administrative review of the antidumping duty order on certain cut-to-
length carbon steel plate (``CTL plate'') from the People's Republic of
China (``PRC'') covering the period of review (``POR'') November 1,
2014, through October 31, 2015. We preliminarily find that of the two
companies under review, one made no shipments of subject merchandise
during the POR and the other company has not demonstrated its
eligibility for separate rate status, and, thus, is part of the PRC-
wide entity. Interested parties are invited to comment on these
preliminary results.
FOR FURTHER INFORMATION CONTACT: Jonathan Hill, AD/CVD Operations,
Office IV, Enforcement & Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3518.
SUPPLEMENTARY INFORMATION:
Background
After initiating this review,\1\ the Department issued an
antidumping duty questionnaire to Hunan Valin Xiangtan Iron and Steel
Co., Ltd. (``Hunan Valin''), which notified the Department that it
would not respond to the questionnaire. The other respondent, Wuyang
Iron & Steel Co., Ltd. (``Wuyang Steel'') reported that it made no
exports, sales, or entries during the POR. All review requests were
timely withdrawn for the other 14 companies for which this review was
initiated. For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum hereby adopted by, this notice.\2\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 81 FR 739 (January 7, 2016) (``Initiation
Notice'').
\2\ See the memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations to
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance ``Decision Memorandum for the Preliminary Results of the
Antidumping Duty Administrative Review of Certain Cut-to-Length
Carbon Steel Plate from the People's Republic of China,'' dated
concurrently with this notice (``Preliminary Decision Memorandum'').
---------------------------------------------------------------------------
The Preliminary Decision Memorandum is a public document and is on
file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (``ACCESS'').
ACCESS is available to registered users at https://access.trade.gov and
in the Central Records Unit, room B8024 of the main Department of
Commerce building. In addition, a complete version of the Preliminary
Results Decision Memorandum can be accessed directly on the Internet at
https://enforcement.trade.gov/frn/. The signed and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
The Department has exercised its discretion to toll all
administrative deadlines due to the closure of the Federal Government
because of Snowstorm ``Jonas''. Thus, all of the deadlines in this
segment of the proceeding have been extended by four business days. The
revised deadline for the preliminary results of review is now August 5,
2016.\3\
---------------------------------------------------------------------------
\3\ See Memorandum to the Record from Ron Lorentzen, Acting
Assistant Secretary 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
The product covered by the order is certain cut-to-length carbon
steel plate from the PRC.\4\ This merchandise is currently classified
in the Harmonized Tariff Schedule of the United States (``HTSUS'')
under item numbers 7208.40.3030, 7208.40.3060, 7208.51.0030,
7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000,
7210.70.3000, 7212.40.5000, and 7212.50.0000. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of the order is dispositive.
---------------------------------------------------------------------------
\4\ For a complete description of the scope of the order see
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Partial Rescission
Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an
[[Page 53413]]
administrative review, in whole or in part, if a party that requested
the review withdraws its request within 90 days of the date of
publication of the notice of initiation of the requested review. Nucor
Corporation (``Petitioner''), the only party to request a review of the
companies listed below, withdrew its request for an administrative
review of these 14 companies within 90 days of the date of publication
of Initiation Notice.\5\ Accordingly, the Department is rescinding this
review, in part, with respect to the following companies, in accordance
with 19 CFR 351.213(d)(1): \6\
---------------------------------------------------------------------------
\5\ See Letter from Petitioner to the Secretary of Commerce
``Certain Cut-To-Length Carbon Steel Plate from the People's
Republic of China: Withdrawal of Request for Administrative
Review,'' dated April 6, 2016.
\6\ As stated in Change in Practice in NME Reviews, the
Department will no longer consider the non-market economy (``NME'')
entity as an exporter conditionally subject to administrative
reviews. 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)
(``Change in Practice in NME Reviews''). The PRC-wide entity is not
subject to this administrative review because no interested party
requested a review of the entity. See Initiation Notice.
Fujitrans Corporation
Guangzhou Metals and Minerals Imp. & Exp. Ltd.
Guardian Shanghai
Hong Kong Shengyu Trading Co. Ltd.
Hong Kong Zhong Yuan Industrial Co., Ltd.
Jiangyin Xingcheng Plastic Chemical Co., Ltd.
Jiangyin Xingcheng Special Steel Works Co., Ltd.
Ningbo Jiangdong Trusty Import and Export Co., Ltd.
Shanghai Ruyi Import and Export Co., Ltd.
Shanxi Taigang Stainless Steel Co., Ltd.
Shenzhen Wins Technology Co., Ltd.
UBI Logistics China Limited
Wuxi Philloy Machinery Co., Ltd.
Xiamen C&D Paper & Pulp Co., Ltd.
Methodology
The Department is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (``the Act''). For a
full discussion of the decisions taken in these preliminary results,
see the Preliminary Decision Memorandum.
Preliminary Results of Review
As noted above, Hunan Valin did not respond to the Department's
antidumping duty questionnaire. Therefore, the Department preliminarily
determines that Hunan Valin has not demonstrated its eligibility for
separate rate status and is part of the PRC-wide entity.\7\ The PRC-
wide entity rate is 128.59 percent.\8\
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\7\ See Preliminary Decision Memorandum.
\8\ See Final Determination of Sales at Less Than Fair Value:
Certain Cut-to-Length Carbon Steel Plate From the People's Republic
of China, 62 FR 61964 (November 20, 1997). Because no party
requested a review of the PRC-wide entity in this segment of the
proceeding, the entity's rate is not subject to change. See Change
in Practice in NME Reviews.
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Preliminary Determination of No Shipments
Wuyang Steel submitted a timely-filed certification that it had no
exports, sales, or entries of subject merchandise during the POR.\9\ A
query of U.S. Customs and Border Protection (``CBP'') data did not show
any POR entries of subject merchandise from Wuyang Steel.\10\ In
addition, CBP did not identify any entries of subject merchandise from
Wuyang Steel during the POR in response to an inquiry from the
Department asking CBP for such information.\11\ Based on the foregoing,
the Department preliminarily determines that Wuyang Steel did not have
any reviewable transactions during the POR. For additional information
regarding this determination, see the Preliminary Decision Memorandum.
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\9\ See Letter from Wuyang Steel to the Secretary of Commerce
``Administrative Review of Certain Cut-to-Length Carbon Steel Plate
from China: Wuyang Iron & Steel's No Shipment Certification,'' dated
January 15, 2016.
\10\ See letter from Howard Smith, Program Manager, AD/CVD
Operations, Office IV, Enforcement & Compliance to interested
parties dated January 21, 2016.
\11\ See CBP Message Number 6155301 dated June 3, 2016.
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Consistent with its practice in NME cases, the Department is not
rescinding this administrative review for Wuyang Steel, but intends to
complete the review and issue appropriate instructions to CBP based on
the final results of the review.
Public Comment
Interested parties are invited to comment on the preliminary
results and may submit case briefs and/or written comments, filed
electronically using ACCESS, within 30 days of the date of publication
of this notice, pursuant to 19 CFR 351.309(c)(1)(ii). Rebuttal briefs,
limited to issues raised in the case briefs, will be due five days
after the due date for case briefs, pursuant to 19 CFR 351.309(d).
Parties who submit case or rebuttal briefs in this review are requested
to submit with each argument a statement of the issue, a summary of the
argument not to exceed five pages, and a table of statutes,
regulations, and cases cited, in accordance with 19 CFR 351.309(c)(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, U.S. Department of Commerce,
filed electronically using ACCESS. Electronically filed case briefs/
written comments and hearing requests must be received successfully in
their entirety by the Department's electronic records system, ACCESS,
by 5:00 p.m. Eastern Time, within 30 days after the date of publication
of this notice.\12\ Hearing requests should contain: (1) The party's
name, address and telephone number; (2) the number of participants; and
(3) a list of issues to be discussed. Issues raised in the hearing will
be limited to those issues raised in the respective case briefs. If a
request for a hearing is made, parties will be notified of the time and
date of the hearing which will be held at the U.S. Department of
Commerce, 1401 Constitution Avenue NW., Washington DC 20230.
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\12\ See 19 CFR 351.310(c).
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Unless extended, the Department intends to issue the final results
of this administrative review, including the results of its analysis of
the issues raised in any written briefs, not later than 120 days after
the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of this review, the Department
will determine, and CBP shall assess, antidumping duties on all
appropriate entries covered by this review.\13\ The Department intends
to issue assessment instructions to CBP 15 days after the publication
date of the final results of this review. The Department intends to
instruct CBP to liquidate any entries of subject merchandise from Hunan
Valin at 128.59 percent (the PRC-wide rate). Additionally, pursuant to
the Department's practice in NME cases, if we continue to determine
that Wuyang Steel had no shipments of subject merchandise, any
suspended entries of subject merchandise during the POR from Wuyang
Steel will be liquidated at the PRC-wide rate.\14\
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\13\ See 19 CFR 351.212(b)(1).
\14\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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For companies for which the review has been rescinded, the
Department will instruct CBP to assess antidumping duties on entries of
subject merchandise at rates equal to the cash deposit of estimated
antidumping duties required at the time of entry, or withdrawal from
[[Page 53414]]
warehouse, for consumption, in accordance with 19 CFR 351.212(c)(l)(i).
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 of the
final results of review, as provided by section 751(a)(2)(C) of the
Act: (1) For previously investigated or reviewed PRC and non-PRC
exporters which are not under review in this segment of the proceeding
but which have separate rates, the cash deposit rate will continue to
be the exporter-specific rate published for the most recent period; (2)
for all PRC exporters of subject merchandise that have not been granted
a separate rate, including Hunan Valin, the cash deposit rate will be
the PRC-wide rate of 128.59 percent; and (3) 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 of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of 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 351.213(d)(4)
and 351.221(b)(4).
Dated: August 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Sections in the Preliminary Decision Memorandum
Summary
Background
Scope of the Order
Partial Rescission
Discussion of the Methodology
Non-Market Economy Country Status
Separate Rates
Preliminary Determination of No Shipments
Allegation of Duty Evasion
Recommendation
[FR Doc. 2016-19250 Filed 8-11-16; 8:45 am]
BILLING CODE 3510-DS-P