Small Diameter Graphite Electrodes From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016-2017, 10658-10660 [2018-04895]

Download as PDF 10658 Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Notices DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–69–2017] Foreign-Trade Zone (FTZ) 52—Suffolk County, New York; Authorization of Production Activity; Estee Lauder Inc.; (Hair Straightening Styling Balm); Melville, New York On November 2, 2017, Estee Lauder Inc. submitted a notification of proposed production activity to the FTZ Board for its facility within FTZ 52 in Melville, New York. The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (82 FR 54320, November 17, 2017). On March 2, 2018, the applicant was notified of the FTZ Board’s decision that no further review of the activity is warranted at this time. The production activity described in the notification was authorized, subject to the FTZ Act and the FTZ Board’s regulations, including Section 400.14. Dated: March 5, 2018. Andrew McGilvray, Executive Secretary. Staff is designated examiner to review the application and make recommendations to the Executive Secretary. Public comment is invited from interested parties. Submissions shall be addressed to the Board’s Executive Secretary at the address below. The closing period for their receipt is April 23, 2018. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to May 7, 2018. A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the Board’s website, which is accessible via www.trade.gov/ftz. For further information, contact Camille Evans at Camille.Evans@ trade.gov or (202) 482–2350. Dated: March 6, 2018. Andrew McGilvray, Executive Secretary. [FR Doc. 2018–04908 Filed 3–9–18; 8:45 am] BILLING CODE 3510–DS–P [FR Doc. 2018–04907 Filed 3–9–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE International Trade Administration Foreign-Trade Zones Board Small Diameter Graphite Electrodes From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016–2017 Foreign-Trade Zone 61—San Juan, Puerto Rico; Application for Subzone; ˜ Manuel Freije Arce, Inc.; Catano, Puerto Rico amozie on DSK30RV082PROD with NOTICES Scope of the Order The merchandise subject to the order is small diameter graphite electrodes. The products are currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 8545.11.0010, 3801.10, and 8545.11.0020. Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of the order remains dispositive. A full description of the scope of the order is contained in the Preliminary Decision Memorandum.1 Preliminary Determination of No Shipments Based on an analysis of U.S. Customs and Border Protection (CBP) information, and no shipment certifications submitted by the Fangda Group 2 and Xuzhou Jianglong Carbon Products Co., Ltd., Commerce preliminary determines that these companies had no shipments of subject merchandise during the POR. For additional information regarding this [A–570–929] [S–43–2018] CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington DC 20230; telephone: (202) 482–5973 or (202) 482–0131, respectively. SUPPLEMENTARY INFORMATION: An application has been submitted to the Foreign-Trade Zones Board (the Board) by the Puerto Rico Trade and Export Company, grantee of FTZ 61, requesting subzone status for the facility of Manuel Freije Arce, Inc., located in ˜ Catano, Puerto Rico. The application was submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a–81u), and the regulations of the Board (15 CFR part 400). It was formally docketed on March 6, 2018. The proposed subzone (6.07 acres) is located at Marginal Street, Highway ˜ #165 Km 3.2, Palmas Ward, Catano, Puerto Rico. The proposed subzone would be subject to the existing activation limit of FTZ 61. No authorization for production activity has been requested at this time. In accordance with the Board’s regulations, Camille Evans of the FTZ VerDate Sep<11>2014 18:12 Mar 09, 2018 Jkt 244001 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that Fushun Jinly Petrochemical Co., Ltd. (Fushun Jinly), a producer and exporter of small diameter graphite electrodes from the People’s Republic of China (China), did not make sales of subject merchandise at less than normal value (NV) during the period of review (POR) February 1, 2016 through January 31, 2017. In addition, Commerce preliminarily determines that the Fangda Group and Xuzhou Jianglong Carbon Products Co., Ltd. made no shipments of the subject merchandise during the POR. DATES: Applicable March 12, 2018. FOR FURTHER INFORMATION CONTACT: Dennis McClure or John Anwesen, AD/ AGENCY: PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 1 See ‘‘Decision Memorandum for the Preliminary Results of Antidumping Duty Administrative Review: Small Diameter Graphite Electrodes from the People’s Republic of China; 2016–2017,’’ from James Maeder, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations performing the duties of 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, dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 2 The Fangda Group consists of Beijing Fangda Carbon Tech Co., Ltd., Chengdu Rongguang Carbon Co., Ltd., Fangda Carbon New Material Co., Ltd., Fushun Carbon Co., Ltd., and Hefei Carbon Co., Ltd. We refer to the Fangda Group as a single entity pursuant to 19 CFR 351.401(f)(1). See Small Diameter Graphite Electrodes from the People’s Republic of China: Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Affirmative Preliminary Determination of Critical Circumstances, in Part, 73 FR 49408, 49411–12 (August 21, 2008) (where we collapsed the following individual members of the Fangda Group: Beijing Fangda Carbon Tech Co., Ltd., Chengdu Rongguang Carbon Co., Ltd., Fangda Carbon New Material Co., Ltd., Fushun Carbon Co., Ltd., and Hefei Carbon Co., Ltd.), unchanged in Final Determination of Sales at Less Than Fair Value and Affirmative Determination of Critical Circumstances: Small Diameter Graphite Electrodes from the People’s Republic of China, 74 FR 2049 (January 14, 2009). E:\FR\FM\12MRN1.SGM 12MRN1 Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Notices determination, see the Preliminary Decision Memorandum. Consistent with our practice in nonmarket economy (NME) cases, Commerce is not rescinding this review, in part, but intends to complete the review with respect to these companies, for which it has preliminarily found no shipments, and issue appropriate instructions to CBP based on the final results of the review.3 amozie on DSK30RV082PROD with NOTICES Methodology Commerce is conducting this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For the mandatory respondent, Fushun Jinly, export prices have been calculated in accordance with section 772 of the Act. Because China is a non-market economy (NME) within the meaning of section 771(18) of the Act, NV has been calculated in accordance with section 773(c) of the Act. For a full description of the methodology underlying our conclusions, 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 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 found at https://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through 22, 2018. If the new deadline falls on a non-business day, in accordance with Commerce’s practice, the deadline will become the next business day. The revised deadline for the preliminary results of this review is now March 5, 2018.4 3 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694–95 (October 24, 2011). 4 See Memorandum for The Record from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the nonexclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Shutdown of the Federal Government’’ (Tolling Memorandum), dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by 3 days. VerDate Sep<11>2014 18:12 Mar 09, 2018 Jkt 244001 Preliminary Results of Review Commerce preliminarily determines that Fushun Jinly is eligible to receive a separate rate in this review.5 As Fushun Jinly has established its eligibility for a separate rate, Commerce preliminarily determines that the following weighted-average dumping margin exists for the POR from February 1, 2016, through January 31, 2017: Weightedaverage margin (percent) Exporter Fushun Jinly Petrochemical Carbon Co., Ltd ............................ 0.00 Disclosure and Public Comment Commerce intends to disclose calculations performed for these preliminary results to the parties within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs no later than 30 days after the date of publication of these preliminary results of review.6 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.7 Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than five days after the case briefs are filed.8 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. An electronically filed document must be received successfully in its entirety by Commerce’s ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice.9 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 raised in the respective case briefs. Commerce intends to issue the final results of this review, including the results of its analysis of issues raised by the parties in their written comments, within 120 days of the publication of these preliminary results, pursuant to section 751(a)(3)(A) 5 See Preliminary Decision Memorandum for more details. 6 See 19 CFR 351.309(c). 7 See 19 CFR 351.309(c)(2). 8 See 19 CFR 351.309(d). 9 See 19 CFR 351.310(c). PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 10659 of the Act and 19 CFR 351.213(h)(1), unless this deadline is extended. Assessment Rates Upon issuing the final results of review, Commerce will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.10 If the respondent’s weightedaverage dumping margin is above de minimis (i.e., 0.5 percent) in the final results of this review, we will calculate an importer-specific assessment rate on the basis of the ratio of the total amount of dumping calculated for the importer’s examined sales to the total entered value of those sales in accordance with 19 CFR 351.212(b)(1). Specifically, Commerce will apply the assessment rate calculation method adopted in Final Modification for Reviews.11 Where an importer- (or customer-) specific ad valorem rate is zero or de minimis, we will instruct CBP to liquidate appropriate entries without regard to antidumping duties.12 Pursuant to Commerce’s assessment practice in NME cases, for entries that were not reported in the U.S. sales databases submitted by the exporter individually examined during this review, but that entered under the case number of that exporter (i.e., at the individually-examined exporter’s cash deposit rate), Commerce will instruct CBP to liquidate such entries at the China-wide rate. In addition, for any exporter under review which Commerce determines had no shipments of the subject merchandise, any suspended entries that entered under that exporter’s case number (i.e., at that exporter’s rate) will be liquidated at the China-wide rate.13 Commerce intends to issue appropriate assessment instructions directly to CBP 15 days after publication of the final results of review. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this 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 section 10 See 19 CFR 351.212(b)(1). Antidumping Proceeding: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8103 (February 14, 2012) (Final Modification for Reviews). 12 See 19 CFR 351.106(c)(2). 13 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). 11 See E:\FR\FM\12MRN1.SGM 12MRN1 10660 Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Notices 751(a)(2)(C) of the Act: (1) For subject merchandise exported by the company listed above that has a separate rate, the cash deposit rate will be that established in the final results of review (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 not listed above 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 Chinese exporter that supplied that non-Chinese exporter. These deposit requirements, when imposed, shall remain in effect until further notice. 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 POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4). Dated: March 5, 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. amozie on DSK30RV082PROD with NOTICES Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology A. Preliminary Finding of No Shipments B. Non-Market Economy Country C. Separate Rates D. Surrogate Country and Surrogate Value Data E. Date of Sale F. Comparisons to Normal Value G. Bona Fides of U.S. Sales H. U.S. Price I. Normal Value VerDate Sep<11>2014 18:12 Mar 09, 2018 Jkt 244001 J. Currency Conversion V. Recommendation [FR Doc. 2018–04895 Filed 3–9–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–552–813] Steel Wire Garment Hangers From the Socialist Republic of Vietnam: Final Results of Expedited First Sunset Review of the Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on steel wire garment hangers from the Socialist Republic of Vietnam (Vietnam) would likely lead to the continuation or recurrence of a countervailable subsidy at the levels indicated in the Final Results of Review section of this notice. DATES: Applicable March 12, 2018. FOR FURTHER INFORMATION CONTACT: John Conniff, Office III, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1009. SUPPLEMENTARY INFORMATION: AGENCY: Background The Order on steel wire garment hangers from Vietnam was published in the Federal Register on February 5, 2013.1 On November 6, 2017, Commerce initiated this sunset review of the order on steel wire garment hangers from Vietnam pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On November 6, 2017, Commerce received a notice of intent to participate from M&B Metal Products Company, Inc. (M&B), hereinafter referred to as the petitioner, within the deadline specified in 19 CFR 351.218(d)(1)(i).3 The petitioner claimed interested party status under section 771(9)(C) of the Act as a domestic producer of steel wire garment hangers in the United States. On November 30, 2017, Commerce received an adequate substantive 1 See Certain Steel Wire Garment Hangers from the Socialist Republic of Vietnam: Countervailing Duty Order, 78 FR 8,107 (February 5, 2013) (Order). 2 See Notice Initiation of Five-Year (‘‘Sunset’’) Reviews, 82 FR 50,61 (November 1, 2017). 3 See Letter from the petitioner regarding First Sunset Reviews of Steel Wire Garment Hangers from Taiwan and Vietnam—Notice of Intent to Participate (November 6, 2017). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 response from the petitioner within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). Commerce did not receive a substantive response from the Government of Vietnam (GOV) or a respondent interested party to this proceeding. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited review of the Order. Commerce has exercised its discretion to toll all deadlines affected by for the duration of the closure of the Federal Government from January 20 through 22, 2018. If the new deadline falls on a non-business day, in accordance with Commerce’s practice, the deadline will become the next business day. The revised deadline for the final results of this expedited sunset review is now March 5, 2018.4 Scope of the Order The merchandise subject to the Order is steel wire garment hangers, fabricated from carbon steel wire, whether or not galvanized or painted, whether or not coated with latex or epoxy or similar gripping materials, and/or whether or not fashioned with paper covers or capes (with or without printing) and/or nonslip features such as saddles or tubes. These products may also be referred to by a commercial designation, such as shirt, suit, strut, caped, or latex (industrial) hangers. Specifically excluded from the scope of the Order are (a) wooden, plastic, and other garment hangers that are not made of steel wire; (b) steel wire garment hangers with swivel hooks; (c) steel wire garment hangers with clips permanently affixed; and (d) chrome-plated steel wire garment hangers with a diameter of 3.4 mm or greater. The products subject to the Order are currently classified under U.S. Harmonized Tariff Schedule (HTSUS) subheadings 7326.20.0020 and 7323.99.9080. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Analysis of Comments Received All issues raised in this review are addressed in the Issues and Decision Memorandum, which is dated 4 See Memorandum for The Record from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the nonexclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Shutdown of the Federal Government’’ (Tolling Memorandum), dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by 3 days. E:\FR\FM\12MRN1.SGM 12MRN1

Agencies

[Federal Register Volume 83, Number 48 (Monday, March 12, 2018)]
[Notices]
[Pages 10658-10660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04895]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-929]


Small Diameter Graphite Electrodes From the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative Review 
and Preliminary Determination of No Shipments; 2016-2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Fushun Jinly Petrochemical Co., Ltd. (Fushun Jinly), a producer 
and exporter of small diameter graphite electrodes from the People's 
Republic of China (China), did not make sales of subject merchandise at 
less than normal value (NV) during the period of review (POR) February 
1, 2016 through January 31, 2017. In addition, Commerce preliminarily 
determines that the Fangda Group and Xuzhou Jianglong Carbon Products 
Co., Ltd. made no shipments of the subject merchandise during the POR.

DATES: Applicable March 12, 2018.

FOR FURTHER INFORMATION CONTACT: Dennis McClure or John Anwesen, 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) 482-5973 or (202) 482-
0131, respectively.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The merchandise subject to the order is small diameter graphite 
electrodes. The products are currently classified under the Harmonized 
Tariff Schedule of the United States (HTSUS) subheadings 8545.11.0010, 
3801.10, and 8545.11.0020. Although the HTSUS subheading is provided 
for convenience and customs purposes, the written description of the 
scope of the order remains dispositive. A full description of the scope 
of the order is contained in the Preliminary Decision Memorandum.\1\
---------------------------------------------------------------------------

    \1\ See ``Decision Memorandum for the Preliminary Results of 
Antidumping Duty Administrative Review: Small Diameter Graphite 
Electrodes from the People's Republic of China; 2016-2017,'' from 
James Maeder, Associate Deputy Assistant Secretary for Antidumping 
and Countervailing Duty Operations performing the duties of 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, dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Preliminary Determination of No Shipments

    Based on an analysis of U.S. Customs and Border Protection (CBP) 
information, and no shipment certifications submitted by the Fangda 
Group \2\ and Xuzhou Jianglong Carbon Products Co., Ltd., Commerce 
preliminary determines that these companies had no shipments of subject 
merchandise during the POR. For additional information regarding this

[[Page 10659]]

determination, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \2\ The Fangda Group consists of Beijing Fangda Carbon Tech Co., 
Ltd., Chengdu Rongguang Carbon Co., Ltd., Fangda Carbon New Material 
Co., Ltd., Fushun Carbon Co., Ltd., and Hefei Carbon Co., Ltd. We 
refer to the Fangda Group as a single entity pursuant to 19 CFR 
351.401(f)(1). See Small Diameter Graphite Electrodes from the 
People's Republic of China: Preliminary Determination of Sales at 
Less Than Fair Value, Postponement of Final Determination, and 
Affirmative Preliminary Determination of Critical Circumstances, in 
Part, 73 FR 49408, 49411-12 (August 21, 2008) (where we collapsed 
the following individual members of the Fangda Group: Beijing Fangda 
Carbon Tech Co., Ltd., Chengdu Rongguang Carbon Co., Ltd., Fangda 
Carbon New Material Co., Ltd., Fushun Carbon Co., Ltd., and Hefei 
Carbon Co., Ltd.), unchanged in Final Determination of Sales at Less 
Than Fair Value and Affirmative Determination of Critical 
Circumstances: Small Diameter Graphite Electrodes from the People's 
Republic of China, 74 FR 2049 (January 14, 2009).
---------------------------------------------------------------------------

    Consistent with our practice in non-market economy (NME) cases, 
Commerce is not rescinding this review, in part, but intends to 
complete the review with respect to these companies, for which it has 
preliminarily found no shipments, and issue appropriate instructions to 
CBP based on the final results of the review.\3\
---------------------------------------------------------------------------

    \3\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For the 
mandatory respondent, Fushun Jinly, export prices have been calculated 
in accordance with section 772 of the Act. Because China is a non-
market economy (NME) within the meaning of section 771(18) of the Act, 
NV has been calculated in accordance with section 773(c) of the Act.
    For a full description of the methodology underlying our 
conclusions, 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 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 found at https://enforcement.trade.gov/frn/. The 
signed Preliminary Decision Memorandum and the electronic version of 
the Preliminary Decision Memorandum are identical in content.
    Commerce exercised its discretion to toll all deadlines affected by 
the closure of the Federal Government from January 20 through 22, 2018. 
If the new deadline falls on a non-business day, in accordance with 
Commerce's practice, the deadline will become the next business day. 
The revised deadline for the preliminary results of this review is now 
March 5, 2018.\4\
---------------------------------------------------------------------------

    \4\ See Memorandum for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (Tolling Memorandum), dated January 23, 
2018. All deadlines in this segment of the proceeding have been 
extended by 3 days.
---------------------------------------------------------------------------

Preliminary Results of Review

    Commerce preliminarily determines that Fushun Jinly is eligible to 
receive a separate rate in this review.\5\ As Fushun Jinly has 
established its eligibility for a separate rate, Commerce preliminarily 
determines that the following weighted-average dumping margin exists 
for the POR from February 1, 2016, through January 31, 2017:
---------------------------------------------------------------------------

    \5\ See Preliminary Decision Memorandum for more details.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                              margin
                                                              (percent)
------------------------------------------------------------------------
Fushun Jinly Petrochemical Carbon Co., Ltd.................        0.00
------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce intends to disclose calculations performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs no later than 30 days after the date of publication of these 
preliminary results of review.\6\ Parties who submit case briefs or 
rebuttal briefs in this proceeding are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\7\ Rebuttal briefs, limited 
to issues raised in the case briefs, may be filed no later than five 
days after the case briefs are filed.\8\
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.309(c).
    \7\ See 19 CFR 351.309(c)(2).
    \8\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------

    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. An electronically filed document must be received successfully 
in its entirety by Commerce's ACCESS by 5:00 p.m. Eastern Time within 
30 days after the date of publication of this notice.\9\ 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 raised 
in the respective case briefs. Commerce intends to issue the final 
results of this review, including the results of its analysis of issues 
raised by the parties in their written comments, within 120 days of the 
publication of these preliminary results, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1), unless this deadline 
is extended.
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

Assessment Rates

    Upon issuing the final results of review, Commerce will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review.\10\ If the respondent's weighted-average 
dumping margin is above de minimis (i.e., 0.5 percent) in the final 
results of this review, we will calculate an importer-specific 
assessment rate on the basis of the ratio of the total amount of 
dumping calculated for the importer's examined sales to the total 
entered value of those sales in accordance with 19 CFR 351.212(b)(1). 
Specifically, Commerce will apply the assessment rate calculation 
method adopted in Final Modification for Reviews.\11\ Where an 
importer- (or customer-) specific ad valorem rate is zero or de 
minimis, we will instruct CBP to liquidate appropriate entries without 
regard to antidumping duties.\12\
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.212(b)(1).
    \11\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8103 (February 14, 2012) 
(Final Modification for Reviews).
    \12\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    Pursuant to Commerce's assessment practice in NME cases, for 
entries that were not reported in the U.S. sales databases submitted by 
the exporter individually examined during this review, but that entered 
under the case number of that exporter (i.e., at the individually-
examined exporter's cash deposit rate), Commerce will instruct CBP to 
liquidate such entries at the China-wide rate. In addition, for any 
exporter under review which Commerce determines had no shipments of the 
subject merchandise, any suspended entries that entered under that 
exporter's case number (i.e., at that exporter's rate) will be 
liquidated at the China-wide rate.\13\ Commerce intends to issue 
appropriate assessment instructions directly to CBP 15 days after 
publication of the final results of review.
---------------------------------------------------------------------------

    \13\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this 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 section

[[Page 10660]]

751(a)(2)(C) of the Act: (1) For subject merchandise exported by the 
company listed above that has a separate rate, the cash deposit rate 
will be that established in the final results of review (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 not listed above 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 Chinese exporter that supplied that non-Chinese 
exporter. These deposit requirements, when imposed, shall remain in 
effect until further notice.

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 POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of doubled 
antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).

    Dated: March 5, 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 Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
    A. Preliminary Finding of No Shipments
    B. Non-Market Economy Country
    C. Separate Rates
    D. Surrogate Country and Surrogate Value Data
    E. Date of Sale
    F. Comparisons to Normal Value
    G. Bona Fides of U.S. Sales
    H. U.S. Price
    I. Normal Value
    J. Currency Conversion
V. Recommendation

[FR Doc. 2018-04895 Filed 3-9-18; 8:45 am]
 BILLING CODE 3510-DS-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.