Certain Hot-Rolled Carbon Steel Flat Products From India: Notice of Preliminary Results of Antidumping Duty Administrative Review; 2014-2015, 61664-61666 [2016-21490]
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61664
Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 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. All
requesting parties withdrew their
respective requests for an administrative
review of the 18 companies or groups of
companies listed in the Appendix to
this notice within 90 days of the date of
publication of the Initiation Notice.
Accordingly, the Department is
rescinding this review with respect to
these companies, in accordance with 19
CFR 351.213(d)(1).4 The administrative
review will continue with respect to all
other firms for which a review was
requested and initiated.
Assessment
The Department will instruct U.S.
Customs and Border Protection (‘‘CBP’’)
to assess antidumping duties on all
appropriate entries. For the companies
for which this review is rescinded,
antidumping duties shall be assessed at
rates equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption, in
accordance with 19 CFR
351.212(c)(1)(i). The Department
intends to issue appropriate assessment
instructions directly to CBP 15 days
after publication of this notice.
Notification to Importers
mstockstill on DSK3G9T082PROD with NOTICES
This notice serves as the only
reminder to importers whose entries
will be liquidated as a result of this
rescission notice, of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Secretary’s assumption that
the reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
4 See Appendix. 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.
VerDate Sep<11>2014
17:30 Sep 06, 2016
Jkt 238001
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective orders (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under an APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
This notice is issued and published in
accordance with section 751(a)(1) of the
Act and 19 CFR 351.213(d)(4).
Dated: August 31, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
APPENDIX
• Jinko Solar Co. Ltd./Jinko Solar Import and
Export Co., Ltd.5
• Canadian Solar International Limited
• Canadian Solar Manufacturing (Changshu),
Inc.
• Canadian Solar Manufacturing (Luoyang)
Inc.
• Risen Energy Co., Ltd.
• Zhejiang Jinko Solar Co., Ltd.
• Yingli Energy (China) Company Limited
• Yingli Green Energy International Trading
Limited
• Baoding Jiasheng Photovoltaic Technology
Co. Ltd.
• Baoding Tianwei Yingli New Energy
Resources Co., Ltd.
• Beijing Tianneng Yingli New Energy
Resources Co. Ltd.
• Hainan Yingli New Energy Resources Co.,
Ltd.
• Hengshui Yingli New Energy Resources
Co., Ltd.
• Lixian Yingli New Energy Resources Co.,
Ltd.
• Shenzhen Yingli New Energy Resources
Co., Ltd.
• Tianjin Yingli New Energy Resources Co.,
Ltd.
• Shanghai BYD Co., Ltd.
• Canadian Solar Inc.
[FR Doc. 2016–21499 Filed 9–6–16; 8:45 am]
BILLING CODE 3510–DS–P
5 In the final determination of the underlying
investigation we treated Jinko Solar Co. Ltd. and
Jinko Solar Import and Export Co., Ltd. together
with Renesola Jiangsu Ltd. and Renesola Zhejiang
Ltd. as a single entity. See Certain Crystalline
Silicon Photovoltaic Products From the People’s
Republic of China: Final Determination of Sales at
Less Than Fair Value, 79 FR 76970 (December 23,
2014).
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–820]
Certain Hot-Rolled Carbon Steel Flat
Products From India: Notice of
Preliminary Results of Antidumping
Duty Administrative Review; 2014–
2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on certain hotrolled carbon steel flat products from
India (hot-rolled steel). The period of
review (POR) is December 1, 2014,
through November 30, 2015. This
review covers four companies, Ispat
Industries Ltd. (Ispat), JSW Steel Ltd.
(JSW), JSW Ispat Steel Ltd. (JSW Ispat),
and Tata Steel Ltd. (Tata). We
preliminarily determine that Ispat, JSW,
JSW Ispat, and Tata had no entries of
subject merchandise during the POR.
Interested parties are invited to
comment on these preliminary results.
DATES: Effective: September 7, 2016.
FOR FURTHER INFORMATION CONTACT:
George McMahon or Eric Greynolds,
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)
482–1167 and (202) 482–6071,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Order
The merchandise subject to this order
is certain hot-rolled carbon steel flat
products from India. The merchandise
subject to this order is currently
classifiable in the Harmonized Tariff
Schedule of the United States (HTSUS)
at subheadings: 7208.10.15.00,
7208.10.30.00, 7208.10.60.00,
7208.25.30.00, 7208.25.60.00,
7208.26.00.30, 7208.26.00.60,
7208.27.00.30, 7208.27.00.60,
7208.36.00.30, 7208.36.00.60,
7208.37.00.30, 7208.37.00.60,
7208.38.00.15, 7208.38.00.30,
7208.38.00.90, 7208.39.00.15,
7208.39.00.30, 7208.39.00.90,
7208.40.60.30, 7208.40.60.60,
7208.53.00.00, 7208.54.00.00,
7208.90.00.00, 7211.14.00.90,
7211.19.15.00, 7211.19.20.00,
7211.19.30.00, 7211.19.45.00,
7211.19.60.00, 7211.19.75.30,
7211.19.75.60, and 7211.19.75.90.
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Products subject to this order may also
enter under HTSUS subheadings:
7225.11.00.00, 7225.19.00.00,
7225.30.30.50, 7225.30.70.00,
7225.40.70.00, 7225.99.00.90,
7226.11.10.00, 7226.11.90.30,
7226.11.90.60, 7226.19.10.00,
7226.19.90.00, 7226.91.50.00,
7226.91.70.00, 7226.91.80.00, and
7226.99.00.00. Subject merchandise
may also enter under 7210.70.30.00,
7210.90.90.00, 7211.14.00.30,
7212.40.10.00, 7212.40.50.00, and
7212.50.00.00. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
Department’s written description of the
merchandise subject to this order is
dispositive.1
Methodology
The Department conducted this
review in accordance with section
751(a)(2) of the Tariff Act of 1930, as
amended (the Act). For a full
description of the methodology
underlying our preliminary results, see
the 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 is
available to all parties in the Central
Records Unit, Room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly on the internet at
https://enforcement.trade.gov/frn/
index.html. The signed Preliminary
Decision Memorandum and the
electronic version of the Preliminary
Decision Memorandum are identical in
content. A list of the topics discussed in
the Preliminary Decision Memorandum
is attached as an Appendix to this
notice.
Preliminary Determination of No
Shipments
mstockstill on DSK3G9T082PROD with NOTICES
Ispat, JSW, JSW Ispat, and Tata
submitted timely-filed certifications that
they had no exports, sales, or entries of
1 A full description of the scope of the order is
contained in the memorandum to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, titled ‘‘Certain
Hot-Rolled Carbon Steel Flat Products from India:
Decision Memorandum for the Preliminary Results
of the Antidumping Duty Administrative Review;
2014–2015’’ (Preliminary Decision Memorandum),
dated concurrently with and adopted by this notice.
VerDate Sep<11>2014
17:30 Sep 06, 2016
Jkt 238001
subject merchandise during the POR,2
and a query of U.S. Customs and Border
Protection (CBP) data did not show any
POR entries of subject merchandise by
Ispat, JSW, JSW Ispat, and Tata.3 In
addition, CBP did not identify any
entries of subject merchandise from
Ispat, JSW, JSW Ispat, and Tata during
the POR in response to an inquiry from
the Department asking CBP for such
information.4 Based on the foregoing,
the Department preliminarily
determines that Ispat, JSW, JSW Ispat,
and Tata had no shipments of the
subject merchandise, and, therefore, no
reviewable transactions, during the
POR.
Assessment Rate
Upon issuance of the final results of
this administrative review, the
Department shall determine, and CBP
shall assess, antidumping duties on all
appropriate entries, in accordance with
19 CFR 351.212. The Department
intends to issue assessment instructions
to CBP 15 days after publication of the
final results of this review.
In accordance with the Department’s
‘‘automatic assessment’’ practice,5 for
entries of subject merchandise during
the POR produced by each respondent
for which they did not know that their
merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.
We intend to issue instructions to
CBP 15 days after publication of the
final results of this review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
of administrative review for all
2 See Letter from JSW titled, ‘‘Certain Hot-Rolled
Carbon Steel Flat Products from India: No Shipment
Certification of JSW Steel Ltd.’’ (February 12, 2016).
JSW’s letter stated, ‘‘{p}lease note that this
statement applies as well to the companies listed
in the Department’s initiation notice as Ispat
Industries Ltd. and JSW Ispat Steel Ltd. Those
companies no longer exist as separate entities, but
have been merged into JSW Steel.’’ See also Letter
from Tata titled, ‘‘Antidumping Duty Review of
Certain Hot-Rolled Carbon Steel Flat Products from
India: Tata Steel Limited Certification of No
Shipments’’ (March 11, 2016); see also Initiation of
Antidumping and Countervailing Duty
Administrative Reviews, 81 FR 6832 (February 9,
2016).
3 See Memorandum to the File titled, ‘‘Customs
and Border Protection (CBP) Data Query Results,’’
dated February 17, 2016.
4 See CBP Message Numbers: 6083305 and
6083306, dated March 23, 2016.
5 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment Policy Notice).
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61665
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication of the final results of this
administrative review, as provided by
section 751(a)(2) of the Act: (1) The cash
deposit rates for respondents noted
above, which claimed no shipments,
will remain unchanged from the rates
assigned to the companies in the most
recently completed review of the
companies; (2) for merchandise
exported by producers or exporters not
covered in this administrative review
but covered in a prior segment of the
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recently
completed segment of this proceeding;
(3) if the exporter is not a firm covered
in this review, a prior review, or the
original investigation, but the producer
is, the cash deposit rate will be the rate
established for the most recently
completed segment of this proceeding
for the producer of the subject
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 38.72 percent, the
all-others rate established in the lessthan-fair value investigation, as
amended. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
Pursuant to 19 CFR 351.309(c)(1)(ii),
interested parties may submit cases
briefs not later than 30 days after the
date of publication of this notice.
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later
than five days after the date for filing
case briefs.6 Parties who submit
comments are requested to submit: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.7 All briefs must be
filed electronically using ACCESS. An
electronically filed document must be
received successfully in its entirety by
the Department’s electronic records
system, ACCESS.
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, using
Enforcement and Compliance’s ACCESS
system within 30 days of publication of
this notice.8 Requests should contain
the party’s name, address, and
telephone number, the number of
participants, and a list of the issues to
be discussed. If a request for a hearing
6 See
19 CFR 351.309(d).
19 CFR 351.309(c)(2), (d)(2).
8 See 19 CFR 351.310(c).
7 See
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Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Notices
is made, we will inform parties of the
scheduled date for the hearing which
will be held at the U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230, at
a time and location to be determined.9
Parties should confirm by telephone the
date, time, and location of the hearing.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, the Department will issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by the parties in their
case briefs, within 120 days after
issuance of these preliminary results.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and increase the subsequent
assessment of the antidumping duties
by the amount of antidumping duties
reimbursed.
These preliminary results of review
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: August 26, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Results Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No
Shipments
V. Recommendation
[FR Doc. 2016–21490 Filed 9–6–16; 8:45 am]
mstockstill on DSK3G9T082PROD with NOTICES
BILLING CODE 3510–DS–P
9 See
Duties, dated April 8, 2016 (collectively, the
petitions). The petitioners for these investigations
are ArcelorMittal USA LLC, Nucor Corporation, and
SSAB Enterprises, LLC (the petitioners).
2 See Certain Carbon and Alloy Steel Cut-ToLength Plate From Austria, Belgium, Brazil, France,
the Federal Republic of Germany, Italy, Japan, the
Republic of Korea, the People’s Republic of China,
South Africa, Taiwan, and the Republic of Turkey:
Initiation of Less-Than-Fair-Value Investigations, 81
FR 27089 (May 5, 2016).
19 CFR 351.310.
VerDate Sep<11>2014
17:30 Sep 06, 2016
countervailing duty (CVD)
investigations concerning CTL plate
International Trade Administration
from Brazil, the PRC, and Korea.3 On
July 26, 2016, the Department received
[A–433–812, A–423–812, A–351–847, A–580–
timely allegations, pursuant to sections
887, A–583–858, A–489–828, C–580–888]
703(e)(1) and 733(e)(1) of the Tariff Act
Certain Carbon and Alloy Steel Cut-to- of 1930, as amended (the Act), and 19
Length Plate From Austria, Belgium,
CFR 351.206, that critical circumstances
Brazil, the Republic of Korea, Taiwan,
exist with respect to imports of CTL
and Turkey; Antidumping and
plate from Austria, Belgium, Brazil,
Countervailing Duty Investigations:
Korea, Taiwan, and Turkey.4 Based on
Preliminary Determinations of Critical
information provided by the petitioners,
Circumstances
data placed on the record of these
investigations by the mandatory
AGENCY: Enforcement and Compliance,
respondents, and data collected by the
International Trade Administration,
Department from Global Trade Atlas
Department of Commerce.
(GTA), the Department preliminarily
SUMMARY: The Department of Commerce
determines that critical circumstances
(the Department) preliminarily
exist for imports of CTL plate from
determines that critical circumstances
certain producers and exporters from
exist for imports of certain carbon and
Austria, Belgium, Brazil, Taiwan, and
alloy steel cut-to-length plate (CTL
Turkey.
plate) from certain producers and
Pursuant to 19 CFR 351.206(c)(2), the
exporters from Austria, Belgium, Brazil,
petitioners requested that the
Taiwan, and Turkey.
Department issue a preliminary
DATES: Effective September 7, 2016.
affirmative determination of critical
FOR FURTHER INFORMATION CONTACT:
circumstances on an expedited basis. In
Edythe Artman at (202) 482–3931
accordance with sections 703(e)(1) and
(Austria), Elizabeth Eastwood at (202)
733(e)(1) of the Act, because the
482–3874 (Belgium), Mark Kennedy at
petitioners submitted their critical
(202) 482–7883 (Brazil), Steve
circumstances allegations more than 20
Bezirganian at (202) 482–1131 (Korea–
days before the scheduled date of the
AD), John Corrigan at (202) 482–7438
final determination, the Department
(Korea–CVD), Tyler Weinhold at (202)
must promptly issue preliminary critical
482–1121 (Taiwan), or Dmitry
circumstances determinations.
Vladimirov at (202) 482–0665 (Turkey),
Section 703(e)(1) of the Act provides
AD/CVD Operations, Enforcement and
that the Department will determine that
Compliance, International Trade
critical circumstances exist in CVD
Administration, U.S. Department of
investigations if there is a reasonable
Commerce, 1401 Constitution Avenue
basis to believe or suspect: (A) That ‘‘the
NW., Washington, DC 20230.
alleged countervailable subsidy’’ is
SUPPLEMENTARY INFORMATION:
inconsistent with the Agreement on
Subsidies and Countervailing Measures
Background
(SCM Agreement) of the World Trade
In response to petitions filed on April
Organization, and (B) that ‘‘there have
8, 2016,1 the Department of Commerce
been massive imports of the subject
(the Department) initiated antidumping
merchandise over a relatively short
duty (AD) investigations concerning
period.’’ Section 733(e)(1) of the Act
imports of CTL plate from Austria,
provides that the Department will
Belgium, Brazil, the People’s Republic
preliminarily determine that critical
of China (PRC), France, the Federal
circumstances exist in AD investigations
Republic of Germany (Germany), Italy,
if there is a reasonable basis to believe
Japan, the Republic of Korea (Korea),
South Africa, Taiwan, and Turkey 2 and or suspect: (A)(i) That ‘‘there is a history
of dumping and material injury by
reason of dumped imports in the United
1 See Certain Carbon and Alloy Steel Cut-toStates or elsewhere of the subject
Length Plate from Austria, Belgium, Brazil, the
People’s Republic of China, France, the Federal
merchandise,’’ or (ii) that ‘‘the person by
Republic of Germany, Italy, Japan, the Republic of
whom, or for whose account, the
South Africa, Taiwan, and Turkey—Petitions for the
merchandise was imported knew or
Imposition of Antidumping and Countervailing
DEPARTMENT OF COMMERCE
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3 See Certain Carbon and Alloy Steel Cut-toLength Plate From Brazil, the People’s Republic of
China, and the Republic of Korea: Initiation of
Countervailing Duty Investigations, 81 FR 27098
(May 5, 2016).
4 See Certain Carbon and Alloy Steel Cut-ToLength Plate From Austria, Belgium, Brazil, the
Republic of Korea, Taiwan, and Turkey: Critical
Circumstances Allegations, July 26, 2016
(Allegations).
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]]>Agencies
[Federal Register Volume 81, Number 173 (Wednesday, September 7, 2016)]
[Notices]
[Pages 61664-61666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21490]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-820]
Certain Hot-Rolled Carbon Steel Flat Products From India: Notice
of Preliminary Results of Antidumping Duty Administrative Review; 2014-
2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on certain hot-
rolled carbon steel flat products from India (hot-rolled steel). The
period of review (POR) is December 1, 2014, through November 30, 2015.
This review covers four companies, Ispat Industries Ltd. (Ispat), JSW
Steel Ltd. (JSW), JSW Ispat Steel Ltd. (JSW Ispat), and Tata Steel Ltd.
(Tata). We preliminarily determine that Ispat, JSW, JSW Ispat, and Tata
had no entries of subject merchandise during the POR. Interested
parties are invited to comment on these preliminary results.
DATES: Effective: September 7, 2016.
FOR FURTHER INFORMATION CONTACT: George McMahon or Eric Greynolds, 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-
1167 and (202) 482-6071, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to this order is certain hot-rolled carbon
steel flat products from India. The merchandise subject to this order
is currently classifiable in the Harmonized Tariff Schedule of the
United States (HTSUS) at subheadings: 7208.10.15.00, 7208.10.30.00,
7208.10.60.00, 7208.25.30.00, 7208.25.60.00, 7208.26.00.30,
7208.26.00.60, 7208.27.00.30, 7208.27.00.60, 7208.36.00.30,
7208.36.00.60, 7208.37.00.30, 7208.37.00.60, 7208.38.00.15,
7208.38.00.30, 7208.38.00.90, 7208.39.00.15, 7208.39.00.30,
7208.39.00.90, 7208.40.60.30, 7208.40.60.60, 7208.53.00.00,
7208.54.00.00, 7208.90.00.00, 7211.14.00.90, 7211.19.15.00,
7211.19.20.00, 7211.19.30.00, 7211.19.45.00, 7211.19.60.00,
7211.19.75.30, 7211.19.75.60, and 7211.19.75.90.
[[Page 61665]]
Products subject to this order may also enter under HTSUS subheadings:
7225.11.00.00, 7225.19.00.00, 7225.30.30.50, 7225.30.70.00,
7225.40.70.00, 7225.99.00.90, 7226.11.10.00, 7226.11.90.30,
7226.11.90.60, 7226.19.10.00, 7226.19.90.00, 7226.91.50.00,
7226.91.70.00, 7226.91.80.00, and 7226.99.00.00. Subject merchandise
may also enter under 7210.70.30.00, 7210.90.90.00, 7211.14.00.30,
7212.40.10.00, 7212.40.50.00, and 7212.50.00.00. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
Department's written description of the merchandise subject to this
order is dispositive.\1\
---------------------------------------------------------------------------
\1\ A full description of the scope of the order is contained in
the memorandum to Paul Piquado, Assistant Secretary for Enforcement
and Compliance, from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, titled ``Certain
Hot-Rolled Carbon Steel Flat Products from India: Decision
Memorandum for the Preliminary Results of the Antidumping Duty
Administrative Review; 2014-2015'' (Preliminary Decision
Memorandum), dated concurrently with and adopted by this notice.
---------------------------------------------------------------------------
Methodology
The Department conducted this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). For a full
description of the methodology underlying our preliminary results, see
the 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 is available to all
parties in the Central Records Unit, Room B8024 of the main Department
of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly on the
internet at https://enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and the electronic version of the
Preliminary Decision Memorandum are identical in content. A list of the
topics discussed in the Preliminary Decision Memorandum is attached as
an Appendix to this notice.
Preliminary Determination of No Shipments
Ispat, JSW, JSW Ispat, and Tata submitted timely-filed
certifications that they had no exports, sales, or entries of subject
merchandise during the POR,\2\ and a query of U.S. Customs and Border
Protection (CBP) data did not show any POR entries of subject
merchandise by Ispat, JSW, JSW Ispat, and Tata.\3\ In addition, CBP did
not identify any entries of subject merchandise from Ispat, JSW, JSW
Ispat, and Tata during the POR in response to an inquiry from the
Department asking CBP for such information.\4\ Based on the foregoing,
the Department preliminarily determines that Ispat, JSW, JSW Ispat, and
Tata had no shipments of the subject merchandise, and, therefore, no
reviewable transactions, during the POR.
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\2\ See Letter from JSW titled, ``Certain Hot-Rolled Carbon
Steel Flat Products from India: No Shipment Certification of JSW
Steel Ltd.'' (February 12, 2016). JSW's letter stated,
``{p{time} lease note that this statement applies as well to the
companies listed in the Department's initiation notice as Ispat
Industries Ltd. and JSW Ispat Steel Ltd. Those companies no longer
exist as separate entities, but have been merged into JSW Steel.''
See also Letter from Tata titled, ``Antidumping Duty Review of
Certain Hot-Rolled Carbon Steel Flat Products from India: Tata Steel
Limited Certification of No Shipments'' (March 11, 2016); see also
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 81 FR 6832 (February 9, 2016).
\3\ See Memorandum to the File titled, ``Customs and Border
Protection (CBP) Data Query Results,'' dated February 17, 2016.
\4\ See CBP Message Numbers: 6083305 and 6083306, dated March
23, 2016.
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Assessment Rate
Upon issuance of the final results of this administrative review,
the Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries, in accordance with 19 CFR 351.212.
The Department intends to issue assessment instructions to CBP 15 days
after publication of the final results of this review.
In accordance with the Department's ``automatic assessment''
practice,\5\ for entries of subject merchandise during the POR produced
by each respondent for which they did not know that their merchandise
was destined for the United States, we will instruct CBP to liquidate
unreviewed entries at the all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction.
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\5\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Assessment Policy Notice).
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We intend to issue instructions to CBP 15 days after publication of
the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication of the final
results of this administrative review, as provided by section 751(a)(2)
of the Act: (1) The cash deposit rates for respondents noted above,
which claimed no shipments, will remain unchanged from the rates
assigned to the companies in the most recently completed review of the
companies; (2) for merchandise exported by producers or exporters not
covered in this administrative review but covered in a prior segment of
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this
proceeding; (3) if the exporter is not a firm covered in this review, a
prior review, or the original investigation, but the producer is, the
cash deposit rate will be the rate established for the most recently
completed segment of this proceeding for the producer of the subject
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 38.72 percent, the all-others rate
established in the less-than-fair value investigation, as amended.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
Disclosure and Public Comment
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
cases briefs not later than 30 days after the date of publication of
this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\6\ Parties who submit comments are requested to submit:
(1) A statement of the issue; (2) a brief summary of the argument; and
(3) a table of authorities.\7\ All briefs must be filed electronically
using ACCESS. An electronically filed document must be received
successfully in its entirety by the Department's electronic records
system, ACCESS.
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\6\ See 19 CFR 351.309(d).
\7\ See 19 CFR 351.309(c)(2), (d)(2).
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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, using Enforcement and
Compliance's ACCESS system within 30 days of publication of this
notice.\8\ Requests should contain the party's name, address, and
telephone number, the number of participants, and a list of the issues
to be discussed. If a request for a hearing
[[Page 61666]]
is made, we will inform parties of the scheduled date for the hearing
which will be held at the U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230, at a time and location
to be determined.\9\ Parties should confirm by telephone the date,
time, and location of the hearing.
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\8\ See 19 CFR 351.310(c).
\9\ See 19 CFR 351.310.
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, the Department will issue the final results of this
administrative review, including the results of our analysis of the
issues raised by the parties in their case briefs, within 120 days
after issuance of these preliminary results.
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and increase the
subsequent assessment of the antidumping duties by the amount of
antidumping duties reimbursed.
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: August 26, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Results Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Recommendation
[FR Doc. 2016-21490 Filed 9-6-16; 8:45 am]
BILLING CODE 3510-DS-P
