Certain Cased Pencils From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2015-2016, 3112-3114 [2018-01032]
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Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices
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Agenda
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[S–147–2017]
Approval of Subzone Status; Plaza
Warehousing & Realty Corporation;
Caguas, Puerto Rico
On September 20, 2017, the Executive
Secretary of the Foreign-Trade Zones
(FTZ) Board docketed an application
submitted by the Puerto Rico Trade and
Export Company, grantee of FTZ 61,
requesting subzone status subject to the
existing activation limit of FTZ 61, on
behalf of Plaza Warehousing & Realty
Corporation, in Caguas, Puerto Rico.
The application was processed in
accordance with the FTZ Act and
Regulations, including notice in the
Federal Register inviting public
comment (82 FR 44558, September 25,
2017). The FTZ staff examiner reviewed
the application and determined that it
meets the criteria for approval.
Pursuant to the authority delegated to
the FTZ Board’s Executive Secretary (15
CFR Sec. 400.36(f)), the application to
establish Subzone 61T was approved on
January 18, 2018, subject to the FTZ Act
and the Board’s regulations, including
Section 400.13, and further subject to
FTZ 61’s 1,821.07-acre activation limit.
Dated: January 18, 2018.
Elizabeth Whiteman,
Acting Executive Secretary.
[FR Doc. 2018–01141 Filed 1–22–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–827]
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On September 15, 2017, the
Department of Commerce (Commerce)
published in the Federal Register the
preliminary results of the administrative
review of the antidumping duty order
on certain cased pencils (pencils) from
the People’s Republic of China (China)
for the period of review (POR) December
1, 2015, through November 30, 2016.
We continue to find that Tianjin Tonghe
Stationery Industrial Co. Ltd. (Tianjin
Tonghe) and Ningbo Homey Union Co.,
Ltd. (Ningbo Homey) are not eligible for
separate rates and, therefore, remain
AGENCY:
Dated: January 18, 2018.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
BILLING CODE P
Foreign-Trade Zones Board
Certain Cased Pencils From the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review; 2015–2016
I. Welcome
II. Approval of Minutes From Previous
Meeting
III. Discuss Briefing Agenda
IV. Public Comment
V. Next Steps
VI. Adjournment
[FR Doc. 2018–01158 Filed 1–22–18; 8:45 am]
DEPARTMENT OF COMMERCE
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part of the China-wide entity. We also
determine that the entity composed of
Wah Yuen Stationery Co. Ltd. and
Shandong Wah Yuen Stationery Co. Ltd.
(collectively, the Wah Yuen entity) had
no shipments during the POR.
DATES: Applicable January 23, 2018.
FOR FURTHER INFORMATION CONTACT:
Sergio Balbontin, AD/CVD Operations,
Office VIII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
202–482–6478.
SUPPLEMENTARY INFORMATION:
Background
On September 15, 2017, Commerce
published the Preliminary Results.1 On
October 16, 2017, Prime Time
Commerce, LLC (Prime Time), an
importer, submitted a case brief.2 We
received no other interested party
comments.
Scope of the Order
The merchandise subject to the order
includes certain cased pencils from
China. The subject merchandise is
currently classifiable under Harmonized
Tariff Schedule of the United States
(HTSUS) subheading 9609.10.00.
Although the HTSUS subheading is
provided for convenience and customs
purposes, the written product
description is dispositive. A full
description of the scope of the order is
contained in the Issues and Decision
Memorandum.3
1 See Certain Cased Pencils from the People’s
Republic of China: Preliminary Results of
Antidumping Duty Administrative Review,
Preliminary Determination of No Shipments, and
Rescission of Review, in Part; 2015–2016, 82 FR
43329 (September 15, 2017) (Preliminary Results)
and accompanying Memorandum from James
Maeder, Senior Director performing the duties of
the Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to Gary Taverman, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
performing the non-exclusive functions and duties
of the Assistant Secretary for Enforcement and
Compliance, ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review, Preliminary Determination
of No Shipments, and Partial Rescission: Certain
Cased Pencils from the People’s Republic of China;
2014–2015’’ (Preliminary Decision Memorandum).
2 See Letter from Prime Time, ‘‘Certain Cased
Pencils from the People’s Republic of China: Case
Brief Prime Time Commerce LLC,’’ dated October
16, 2017.
3 See Memorandum from James Maeder, Senior
Director performing the duties of the Associate
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Gary Taverman,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, performing the
non-exclusive functions and duties of the Assistant
Secretary for Enforcement and Compliance, ‘‘Issues
and Decision Memorandum: Certain Cased Pencils
from the People’s Republic of China; 2015–2016,’’
E:\FR\FM\23JAN1.SGM
23JAN1
Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices
Analysis of Comments Received
All issues raised in Prime Time’s case
brief are addressed in the accompanying
Issues and Decision Memorandum.4 A
list of these issues is attached to this
notice as an Appendix. The Issues and
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
Issues and Decision Memorandum can
be accessed directly on the internet at
https://enforcement.trade.gov/frn/
index.html. The signed Issues and
Decision Memorandum and electronic
version of the Issues and Decision
Memorandum are identical in content.
Final Determination of No Shipments
In the Preliminary Results, Commerce
determined the Wah Yuen entity did not
have any shipments of subject
merchandise during the POR.5 As we
have not received any information to
contradict our preliminary finding, we
determine that the Wah Yuen entity did
not have any shipments of subject
merchandise during the POR. We will
issue appropriate instructions that are
consistent with our ‘‘automatic
assessment’’ clarification, for these final
results.6
Methodology
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Commerce conducted this review in
accordance with section 751(a)(1)(B) of
the Tariff Act of 1930, as amended (the
Act). In the Preliminary Results,
Commerce determined that Tianjin
Tonghe and Ningbo Homey were
ineligible for a separate rate and are part
of the China-wide entity, subject to the
China-wide entity rate of 114.90
percent.7 As we have not received any
information since the issuance of the
Preliminary Results that provides a basis
for reconsidering this determination, we
continue to find that Tianjin Tonghe
and Ningbo Homey are ineligible for a
separate rate.
dated concurrently with and hereby adopted by this
notice. (Issues and Decision Memorandum).
4 Id.
5 See Preliminary Results, 82 FR 43330, and
Preliminary Decision Memorandum at 4.
6 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) (Assessment Notice);
see also ‘‘Assessment Rates’’ section below.
7 See Preliminary Results, 82 FR at 43330–43331,
and Preliminary Decision Memorandum at 5–6.
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As noted in the Preliminary Results,
Commerce’s policy regarding
conditional review of the China-wide
entity applies to this administrative
review.8 Under this policy, the Chinawide entity will not be under review
unless a party specifically requests, or
Commerce self-initiates, a review of the
entity. Because no party requested a
review of the China-wide entity, and we
did not self-initiate a review, the entity
is not under review and the entity’s rate
is not subject to change.
For a full description of the
methodology underlying our
conclusions, see Issues and Decision
Memorandum.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
will determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review. Commerce intends to issue
assessment instructions to CBP 15 days
after the date of publication of these
final results of review. With regard to
Tianjin Tonghe and Ningbo Homey, we
will instruct CBP to apply an
assessment rate of 114.19 percent of the
entered value of subject merchandise
during the POR which was exported by
those companies.
Additionally, consistent with its
assessment practice in non-market
economy (NME) cases, for the Wah
Yuen entity which Commerce
determined had no shipments of the
subject merchandise, any suspended
entries made under that exporter’s case
number (i.e., at that exporter’s rate) will
be liquidated at the China-wide rate.9
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of these final results of
administrative review for shipments of
the subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For
companies which have a separate rate,
the cash deposit rate will be that
established in these final results (except,
if the rate is zero or de minimis, then
zero cash deposit will be required); (2)
8 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).
9 For a full discussion of this practice see
Assessment Notice.
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3113
for previously investigated or reviewed
Chinese and non-Chinese exporters that
received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate; (3) for all
Chinese exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be that for the Chinawide entity; and (4) for all non-Chinese
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the Chinese exporter that
supplied that non-Chinese exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Reimbursement of Duties
This notice also serves as a 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 POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, 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 determination is issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(5).
Dated: January 16, 2018.
Gary Taverman,
Deputy Assistant Secretary, for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
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Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices
4. Discussion of the Issues
Comment 1: Whether Commerce Erred by
Rejecting Prime Time’s Information
Submitted on Behalf of Ningbo Homey
Comment 2: Whether Commerce Should
Calculate an Exporter/Importer-Specific
Margin for Prime Time
5. Recommendation
CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2018–01032 Filed 1–22–18; 8:45 am]
The Petition
BILLING CODE 3510–DS–P
On December 27, 2017, the U.S.
Department of Commerce (Commerce)
received a countervailing duty (CVD)
Petition concerning imports of certain
plastic decorative ribbon (plastic
decorative ribbon) from the People’s
Republic of China (China), filed in
proper form on behalf of Berwick
Offray, LLC (the petitioner).1 The CVD
Petition was accompanied by an
antidumping (AD) Petition concerning
imports of plastic decorative ribbon
from China. The petitioner is a domestic
producer of plastic decorative ribbon.2
On January 2, 2018, Commerce
requested supplemental information
pertaining to certain areas of the
Petition.3 The petitioner filed responses
to these requests, including revised
scope language, on January 5, 2018.4
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioner alleges that the
Government of China (GOC) is
providing countervailable subsidies,
within the meaning of sections 701 and
771(5) of the Act, to imports of plastic
decorative ribbon from China and that
such imports are materially injuring, or
threatening material injury to, the
domestic industry producing plastic
decorative ribbon in the United States.
Also, consistent with section 702(b)(1)
of the Act, the Petition is accompanied
by information reasonably available to
the petitioner supporting its allegations.
Commerce finds that the petitioner
filed this Petition on behalf of the
domestic industry because the
petitioner is an interested party as
defined in section 771(9)(C) of the Act.
Commerce also finds that the petitioner
demonstrated sufficient industry
support with respect to the initiation of
DEPARTMENT OF COMMERCE
International Trade Administration
[C–357–821 and C–560–831]
Biodiesel From the Republic of
Argentina and the Republic of
Indonesia: Countervailing Duty Orders
Correction
In notice document 2017–28480,
appearing on pages 522 through 523, in
the issue of Thursday, January 4, 2018,
make the following correction:
The table, on page 522, in the third
column, eleven lines from the top,
should read as set forth below.
Subsidy
rate
(percent)
Exporters/producers from Argentina:
LDC Argentina S.A 1 .............
Vicentin S.A.I.C 2 ...................
All Others ..............................
Exporters/Producers from Indonesia:
Wilmar Trading Co., Ltd ........
PT Musim Mas ......................
All Others ..............................
72.28
71.45
71.87
34.45
64.73
38.95
1 In
the final determination, Commerce
found the following companies to be crossowned with LDC Argentina S.A.: LDC Semillas
S.A., Semillas del Rosario S.A.
2 In
the final determination, Commerce
found the following companies to be crossowned with Vicentin S.A.I.C.: Oleaginosa San
Lorenzo S.A., Los Amores S.A.
[FR Doc. C1–2017–28480 Filed 1–22–18; 8:45 am]
BILLING CODE 1301–00–D
DEPARTMENT OF COMMERCE
International Trade Administration
sradovich on DSK3GMQ082PROD with NOTICES
[C–570–076]
Certain Plastic Decorative Ribbon
From the People’s Republic of China:
Initiation of Countervailing Duty
Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable January 23, 2018.
FOR FURTHER INFORMATION CONTACT:
Maliha Khan at (202) 482–0895, AD/
AGENCY:
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17:59 Jan 22, 2018
Jkt 244001
1 See Letter to the Secretary of Commerce ‘‘Plastic
Decorative Ribbon from the People’s Republic of
China: Petitions for the Imposition of Antidumping
and Countervailing Duties’’ (December 27, 2017)
(the Petition).
2 See Volume I of the Petition, at 3 and Exhibit
I–3.
3 See Letters from Commerce, to the petitioner,
dated January 2, 2018.
4 See Letter from the petitioner, ‘‘Certain Plastic
Decorative Ribbon from the People’s Republic of
China: Response to Commerce’s January 2, 2018
Supplemental Questions Regarding Volumes I and
III of the Petition for the Imposition of Antidumping
and Countervailing Duties’’ dated January 4, 2018
(General Issues and China CVD Supplement).
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the CVD investigation that the petitioner
is requesting.5
Period of Investigation
Because the Petition was filed on
December 27, 2017, the period of
investigation for this investigation is
January 1, 2016, through December 31,
2016.
Scope of the Investigation
The products covered by this
investigation are plastic decorative
ribbon from China. For a full
description of the scope of this
investigation, see the ‘‘Scope of the
Investigation,’’ in the Appendix to this
notice.
Comments on Scope of the Investigation
During our review of the Petition,
Commerce issued questions to, and
received responses from, the petitioner
pertaining to the proposed scope to
ensure that the scope language in the
Petition would be an accurate reflection
of the products for which the domestic
industry is seeking relief.6
As discussed in the preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(scope).7 Commerce will consider all
comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determination. If scope comments
include factual information,8 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaire,
Commerce requests all interested parties
to submit such comments by 5:00 p.m.
Eastern Time (ET) on Monday, February
5, 2018, which is 20 calendar days from
the signature date of this notice. Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on Thursday, February 15,
2018, which is 10 calendar days from
the initial comments deadline.9
Commerce requests that any factual
information the parties consider
relevant to the scope of the investigation
be submitted during this time period.
However, if a party subsequently finds
that additional factual information
pertaining to the scope of the
5 See the ‘‘Determination of Industry Support for
the Petitions’’ section, below.
6 See Volume I of the Petition at 5–6; see also
General Issues and China CVD Supplement at
Exhibit COM-Supp-2.
7 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
8 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
9 See 19 CFR 351.303(b).
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]]>Agencies
[Federal Register Volume 83, Number 15 (Tuesday, January 23, 2018)]
[Notices]
[Pages 3112-3114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01032]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-827]
Certain Cased Pencils From the People's Republic of China: Final
Results of Antidumping Duty Administrative Review; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On September 15, 2017, the Department of Commerce (Commerce)
published in the Federal Register the preliminary results of the
administrative review of the antidumping duty order on certain cased
pencils (pencils) from the People's Republic of China (China) for the
period of review (POR) December 1, 2015, through November 30, 2016. We
continue to find that Tianjin Tonghe Stationery Industrial Co. Ltd.
(Tianjin Tonghe) and Ningbo Homey Union Co., Ltd. (Ningbo Homey) are
not eligible for separate rates and, therefore, remain part of the
China-wide entity. We also determine that the entity composed of Wah
Yuen Stationery Co. Ltd. and Shandong Wah Yuen Stationery Co. Ltd.
(collectively, the Wah Yuen entity) had no shipments during the POR.
DATES: Applicable January 23, 2018.
FOR FURTHER INFORMATION CONTACT: Sergio Balbontin, AD/CVD Operations,
Office VIII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: 202-482-6478.
SUPPLEMENTARY INFORMATION:
Background
On September 15, 2017, Commerce published the Preliminary
Results.\1\ On October 16, 2017, Prime Time Commerce, LLC (Prime Time),
an importer, submitted a case brief.\2\ We received no other interested
party comments.
---------------------------------------------------------------------------
\1\ See Certain Cased Pencils from the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative
Review, Preliminary Determination of No Shipments, and Rescission of
Review, in Part; 2015-2016, 82 FR 43329 (September 15, 2017)
(Preliminary Results) and accompanying Memorandum from James Maeder,
Senior Director performing the duties of the Associate Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Gary Taverman, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, performing the non-
exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review, Preliminary
Determination of No Shipments, and Partial Rescission: Certain Cased
Pencils from the People's Republic of China; 2014-2015''
(Preliminary Decision Memorandum).
\2\ See Letter from Prime Time, ``Certain Cased Pencils from the
People's Republic of China: Case Brief Prime Time Commerce LLC,''
dated October 16, 2017.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the order includes certain cased pencils
from China. The subject merchandise is currently classifiable under
Harmonized Tariff Schedule of the United States (HTSUS) subheading
9609.10.00. Although the HTSUS subheading is provided for convenience
and customs purposes, the written product description is dispositive. A
full description of the scope of the order is contained in the Issues
and Decision Memorandum.\3\
---------------------------------------------------------------------------
\3\ See Memorandum from James Maeder, Senior Director performing
the duties of the Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance, ``Issues and
Decision Memorandum: Certain Cased Pencils from the People's
Republic of China; 2015-2016,'' dated concurrently with and hereby
adopted by this notice. (Issues and Decision Memorandum).
---------------------------------------------------------------------------
[[Page 3113]]
Analysis of Comments Received
All issues raised in Prime Time's case brief are addressed in the
accompanying Issues and Decision Memorandum.\4\ A list of these issues
is attached to this notice as an Appendix. The Issues and 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 Issues and Decision Memorandum can
be accessed directly on the internet at https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and
electronic version of the Issues and Decision Memorandum are identical
in content.
---------------------------------------------------------------------------
\4\ Id.
---------------------------------------------------------------------------
Final Determination of No Shipments
In the Preliminary Results, Commerce determined the Wah Yuen entity
did not have any shipments of subject merchandise during the POR.\5\ As
we have not received any information to contradict our preliminary
finding, we determine that the Wah Yuen entity did not have any
shipments of subject merchandise during the POR. We will issue
appropriate instructions that are consistent with our ``automatic
assessment'' clarification, for these final results.\6\
---------------------------------------------------------------------------
\5\ See Preliminary Results, 82 FR 43330, and Preliminary
Decision Memorandum at 4.
\6\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment
Notice); see also ``Assessment Rates'' section below.
---------------------------------------------------------------------------
Methodology
Commerce conducted this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). In the
Preliminary Results, Commerce determined that Tianjin Tonghe and Ningbo
Homey were ineligible for a separate rate and are part of the China-
wide entity, subject to the China-wide entity rate of 114.90
percent.\7\ As we have not received any information since the issuance
of the Preliminary Results that provides a basis for reconsidering this
determination, we continue to find that Tianjin Tonghe and Ningbo Homey
are ineligible for a separate rate.
---------------------------------------------------------------------------
\7\ See Preliminary Results, 82 FR at 43330-43331, and
Preliminary Decision Memorandum at 5-6.
---------------------------------------------------------------------------
As noted in the Preliminary Results, Commerce's policy regarding
conditional review of the China-wide entity applies to this
administrative review.\8\ Under this policy, the China-wide entity will
not be under review unless a party specifically requests, or Commerce
self-initiates, a review of the entity. Because no party requested a
review of the China-wide entity, and we did not self-initiate a review,
the entity is not under review and the entity's rate is not subject to
change.
---------------------------------------------------------------------------
\8\ 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).
---------------------------------------------------------------------------
For a full description of the methodology underlying our
conclusions, see Issues and Decision Memorandum.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce will determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with the final results of this review.
Commerce intends to issue assessment instructions to CBP 15 days after
the date of publication of these final results of review. With regard
to Tianjin Tonghe and Ningbo Homey, we will instruct CBP to apply an
assessment rate of 114.19 percent of the entered value of subject
merchandise during the POR which was exported by those companies.
Additionally, consistent with its assessment practice in non-market
economy (NME) cases, for the Wah Yuen entity which Commerce determined
had no shipments of the subject merchandise, any suspended entries made
under that exporter's case number (i.e., at that exporter's rate) will
be liquidated at the China-wide rate.\9\
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\9\ For a full discussion of this practice see Assessment
Notice.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results of administrative review for
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by sections 751(a)(2)(C) of the Act: (1) For companies which
have a separate rate, the cash deposit rate will be that established in
these final results (except, if the rate is zero or de minimis, then
zero cash deposit will be required); (2) for previously investigated or
reviewed Chinese and non-Chinese exporters that received a separate
rate in a prior segment of this proceeding, the cash deposit rate will
continue to be the existing exporter-specific rate; (3) for all Chinese
exporters of subject merchandise that have not been found to be
entitled to a separate rate, the cash deposit rate will be that for the
China-wide entity; and (4) for all non-Chinese exporters of subject
merchandise which have not received their own rate, the cash deposit
rate will be the rate applicable to the Chinese exporter that supplied
that non-Chinese exporter. These deposit requirements, when imposed,
shall remain in effect until further notice.
Reimbursement of Duties
This notice also serves as a 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 POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, 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 determination is issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: January 16, 2018.
Gary Taverman,
Deputy Assistant Secretary, for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
[[Page 3114]]
4. Discussion of the Issues
Comment 1: Whether Commerce Erred by Rejecting Prime Time's
Information Submitted on Behalf of Ningbo Homey
Comment 2: Whether Commerce Should Calculate an Exporter/
Importer-Specific Margin for Prime Time
5. Recommendation
[FR Doc. 2018-01032 Filed 1-22-18; 8:45 am]
BILLING CODE 3510-DS-P
