Multilayered Wood Flooring From the People's Republic of China; Preliminary Results of Antidumping Duty New Shipper Review; 2014-2015, 65628-65630 [2018-27675]
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Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Notices
the start of the three-year term of the
incoming members of the U.S. Section
from December 1, 2018, to February 25,
2019. The term will now expire on
February 24, 2022. Nominations
received in response to this notice will
also be considered for on-going
appointments to fill any future
vacancies that may arise before February
24, 2022.
DATES: Applications for immediate
consideration should be received no
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January 22, 2019. After that date,
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accepted until February 24, 2022, to fill
any new vacancies that may arise.
ADDRESSES: Please send requests for
consideration to Raquel Silva, Office of
Latin America and the Caribbean, U.S.
Department of Commerce, either by
email at Raquel.Silva@trade.gov or by
mail to U.S. Department of Commerce,
1401 Constitution Avenue NW, Room
30014, Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT:
Raquel Silva, Office of Latin America
and the Caribbean, U.S. Department of
Commerce, telephone: (202) 482–4157.
SUPPLEMENTARY INFORMATION: For more
information on the United States-Brazil
CEO Forum, please see 83 FR 51663
(October 12, 2018), Request for
Applicants for Appointment to the
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terms of participation set out in 83 FR
51663 also apply to the current selection
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(October 12, 2018), to be considered for
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information that the company is U.S.owned or U.S.-controlled; size of the
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VerDate Sep<11>2014
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candidates will be notified of whether
they have been selected.
Dated: December 14, 2018.
Alexander Peacher,
Director for the Office of Latin America &
the Caribbean.
[FR Doc. 2018–27492 Filed 12–20–18; 8:45 am]
BILLING CODE 3510–HE–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–970]
Multilayered Wood Flooring From the
People’s Republic of China;
Preliminary Results of Antidumping
Duty New Shipper Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Muyun Wood Co., Ltd., (Muyun)
has not made sales of subject
merchandise at less than normal value.
Interested parties are invited to
comment on these preliminary results of
review.
DATES: Applicable December 21, 2018.
FOR FURTHER INFORMATION CONTACT:
Aleksandras Nakutis, AD/CVD
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW, Washington, DC 20230;
telephone: (202) 482–3147.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Order
The merchandise covered by the order
includes multilayered wood flooring
(MLWF), subject to certain exceptions.1
The subject merchandise is currently
classifiable under Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings: 4412.31.0520;
4412.31.0540; 4412.31.0560;
4412.31.2510; 4412.31.2520;
4412.31.4040; 4412.31.4050;
4412.31.4060; 4412.31.4070;
4412.31.4075; 4412.31.4080;
4412.31.5125; 4412.31.5135;
4412.31.5155; 4412.31.5165;
4412.31.6000; 4412.31.9100;
4412.32.0520; 4412.32.0540;
4412.32.0560; 4412.32.0565;
1 See Memorandum from Commerce, re: ’’
Decision Memorandum for Preliminary Results of
Huzhou Muyun Wood Co., Ltd. Antidumping Duty
New Shipper Review, 2014–2015: Multilayered
Wood Flooring from the People’s Republic of
China,’’ dated concurrently (Preliminary Decision
Memorandum) for a full description of the Scope
of the Order.
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4412.32.0570; 4412.32.2510;
4412.32.2520; 4412.32.2525;
4412.32.2530; 4412.32.3125;
4412.32.3135; 4412.32.3155;
4412.32.3165; 4412.32.3175;
4412.32.3185; 4412.32.5600;
4412.39.1000; 4412.39.3000;
4412.39.4011; 4412.39.4012;
4412.39.4019; 4412.39.4031;
4412.39.4032; 4412.39.4039;
4412.39.4051; 4412.39.4052;
4412.39.4059; 4412.39.4061;
4412.39.4062; 4412.39.4069;
4412.39.5010; 4412.39.5030;
4412.39.5050; 4412.94.1030;
4412.94.1050; 4412.94.3105;
4412.94.3111; 4412.94.3121;
4412.94.3131; 4412.94.3141;
4412.94.3160; 4412.94.3171;
4412.94.4100; 4412.94.5100;
4412.94.6000; 4412.94.7000;
4412.94.8000; 4412.94.9000;
4412.94.9500; 4412.99.0600;
4412.99.1020; 4412.99.1030;
4412.99.1040; 4412.99.3110;
4412.99.3120; 4412.99.3130;
4412.99.3140; 4412.99.3150;
4412.99.3160; 4412.99.3170;
4412.99.4100; 4412.99.5100;
4412.99.5105; 4412.99.5115;
4412.99.5710; 4412.99.6000;
4412.99.7000; 4412.99.8000;
4412.99.9000; 4412.99.9500;
4418.71.2000; 4418.71.9000;
4418.72.2000; 4418.72.9500; and
9801.00.2500.
The HTSUS subheadings are provided
for convenience and customs purposes
only; the written description of the
scope of the order is dispositive.
Methodology
Commerce is conducting this review
in accordance with sections 751(a)(1)(B)
and 751(a)(2)(B) of the Tariff Act of
1930, as amended (the Act) and 19 CFR
351.214. Commerce calculated export
prices in accordance with section 772 of
the Act. Because the People’s Republic
of China (China) is a nonmarket
economy country (NME) within the
meaning of section 771(18) of the Act,
Commerce calculated normal value in
accordance with section 773(c) of the
Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum, dated
concurrently with these results and
hereby adopted by this notice. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and in the
E:\FR\FM\21DEN1.SGM
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Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Notices
Central Records Unit, Room 7046 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 Results of New Shipper
Review
Commerce preliminarily determines
that the following weighted-average
dumping margin exists for the period of
review (POR) December 1, 2014,
through May 31, 2015:
Exporter
Producer
Weightedaverage
dumping
margin
(percent)
Huzhou Muyun Wood Co., Ltd ...................................................
Huzhou Muyun Wood 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). Interested parties may
submit case briefs no later than 30 days
after the date of publication of these
preliminary results of review.2 Rebuttals
to case briefs may be filed no later than
five days after the time limit for filing
case briefs.3 A table of contents, list of
authorities used, and an executive
summary of issues should accompany
any briefs submitted to Commerce. This
summary should be limited to five pages
total, including footnotes.
Any interested party may request a
hearing within 30 days of publication of
this notice.4 Hearing requests should
contain the following information: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations will
be limited to issues raised in the briefs.
If a request for a hearing is made, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.5
Commerce intends to issue the final
results of this new shipper review,
which will include the results of its
analysis of issues raised in any such
comments, within 90 days of
publication of these preliminary results,
pursuant to section 751(a)(2)(B)(iv) of
the Act.
Assessment Rates
amozie on DSK3GDR082PROD with NOTICES1
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
65629
Upon issuing the final results of this
new shipper review, Commerce shall
determine, and U.S. Customs and
2 See 19 CFR 351.309(c); see also 19 CFR 351.303
(for general filing requirements).
3 See 19 CFR 351.309(d).
4 See 19 CFR 351.310(c).
5 See 19 CFR 351.310(d).
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Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries. Commerce intends to issue
assessment instructions to CBP 15 days
after the date of publication of the final
results of this new shipper review. If the
individually examined respondent’s
weighted-average dumping margin is
above de minimis, we will calculate
importer-specific ad valorem duty
assessment rates based on the ratio of
the total amount of dumping calculated
for the importer’s examined sales to the
total entered value of those same sales
in accordance with 19 CFR
351.212(b)(1).6
We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this new shipper
review when the importer-specific
assessment rate calculated in the final
results of this review is above de
minimis. Where either the respondent’s
weighted-average dumping margin is
zero or de minimis, or an importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
Commerce announced a refinement to
its assessment practice in NME cases.
Pursuant to this refinement in practice,
for entries that were not reported in the
U.S. sales databases submitted by
Muyun for this new shipper review,
Commerce will instruct CBP to liquidate
such entries at the China-wide rate. In
addition, if Commerce determines that
the exporter under review had no
shipments of the subject merchandise,
any suspended entries that entered
under that exporter’s case number (i.e.,
6 In these preliminary results, Commerce applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
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at that exporter’s rate) will be liquidated
at the China-wide rate.7
The final results of this new shipper
review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated duties, where
applicable.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
new shipper 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
751(a)(2)(C) of the Act: (1) For the
companies listed above that have a
separate rate, the cash deposit rate will
be that rate established in the final
results of this new shipper review
(except, if the rate is zero or de minimis,
then a zero cash deposit will be
required); (2) for previously investigated
or reviewed China and non-China
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 producer/
exporter-specific combination rate; (3)
for all China 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, or 58.84 percent; and (4) for
all non-China exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the PRC
producer/exporter combination that
supplied that non-China exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
7 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
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Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Notices
Notification to Importers
DEPARTMENT OF COMMERCE
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(2)(B) and 777(i)(1) of the Act and
19 CFR 351.214.
International Trade Administration
Dated: December 14, 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 I
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
5. Bona Fide Sale Analysis
6. Non-Market Economy Country Status
7. Separate Rate
8. Absence of De Jure Control
9. Absence of De Facto Control
10. Surrogate Country
11. Economic Comparability
12. Significant Producer of Comparable
Merchandise
13. Data Availability
14. Date of Sale
15. Fair Value Comparisons
16. Differential Pricing Analysis
17. Results of the Differential Pricing
Analysis
18. U.S. Price
19. Value Added Tax
20. Normal Value
21. Factor Valuations
22. Currency Conversion
23. Section 777A(f) of the Act
[FR Doc. 2018–27675 Filed 12–20–18; 8:45 am]
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BILLING CODE 3510–DS–P
VerDate Sep<11>2014
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Jkt 247001
[A–570–970]
Multilayered Wood Flooring From the
People’s Republic of China:
Preliminary Results of the
Antidumping Duty Administrative
Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain exporters subject to this
administrative review made sales of
subject merchandise at less than normal
value (NV). Interested parties are invited
to comment on these preliminary results
of review.
DATES: Applicable December 21, 2018.
FOR FURTHER INFORMATION CONTACT:
Michael Bowen or William Horn, 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) 482–0768 or
(202) 482–4868, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Order 1
The product covered by the Order is
wood flooring from China. For a
complete description of the scope of this
administrative review, see the
Preliminary Decision Memorandum.2
Partial Rescission of Review
We initiated a review of 146
companies and the China-wide entity
for this segment of the proceeding.3 All
1 See Multilayered Wood Flooring from the
People’s Republic of China: Notice of Amended
Final Affirmative Determination of Sales at Less
than Fair Value and Antidumping Duty Order, 76
FR 76690 (December 8, 2011), as amended in
Multilayered Wood Flooring from the People’s
Republic of China, 77 FR 5484 (February 3, 2012)
(collectively, Order).
2 See Memorandum 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, from
James P. Maeder, Associate Deputy Assistant
Secretary for Antidumping and Countervailing Duty
Operations performing the duties of Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Decision
Memorandum for the Preliminary Results in the
Antidumping Duty Administrative Review;
Multilayered Wood Flooring from the People’s
Republic of China; 2016–2017,’’ (Preliminary
Decision Memorandum), dated concurrently with,
and hereby adopted by, this notice.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
8058 (February 23, 2018) (Initiation Notice); see
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Sfmt 4703
requests for review of the following
producers/exporters were timely
withdrawn: Dalian Penghong Floor
Products Co., Ltd. (Dalian Penghong),
Dalian Shumaike Floor Manufacturing
Co., Ltd., Fusong Jinqiu Wooden
Product Co., Ltd., Huzhou Jesonwood
Co., Ltd. (Huzhou Jesonwood), and
Dunhua City Jisen Wood Industry Co.,
Ltd. (Jisen Wood).4 Additionally, the
Order was revoked with respect to the
following companies: Armstrong Wood
Products (Kunshan) Co., Ltd., Fine
Furniture (Shanghai) Limited and
Double F Limited, and Jisen Wood.5
Lastly, we inadvertently initiated the
review with respect to Baroque Timber
Industries (Zhongshan) Co., Ltd.,
despite no request for review of this
company.6 Accordingly, Commerce is
rescinding the administrative review
with respect to these eight
companies.7 See Appendix II for a
complete list of these companies.
Preliminary Determination of No
Shipments
Based on an analysis of information
from U.S. Customs and Border
Protection (CBP), no shipment
certifications, and other record
information, we preliminarily determine
that 18 companies had no shipments of
subject merchandise during the period
also Initiation of Antidumping and Countervailing
Duty Administrative Reviews, 83 FR 16298 (April
16, 2018) (initiating with respect to Double F
Limited), and Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
19215 (May 2, 2018) (initiating with respect to the
China-wide entity).
4 See Huzhou Jesonwood’s Letter, ‘‘Withdrawal of
Review Request in the 6th Administrative Review
of the Antidumping Duty Order on Multilayered
Wood Flooring from the People’s Republic of
China,’’ dated March 14, 2018; American
Manufacturers of Multilayered Wood Flooring’s
(Petitioner’s) Letter, ‘‘Multilayered Wood Flooring
from the People’s Republic of China: Withdrawal of
Request for Administrative Review, in Part,’’ dated
March 24, 2017; CDC Distributors, Inc.’s Letter,
‘‘Multilayered Wood Flooring from the People’s
Republic of China: Partial Withdrawal of
Administrative Review Request,’’ dated March 24,
2017; Petitioner’s Letter, ‘‘Multilayered Wood
Flooring from the People’s Republic of China:
Withdrawal of Request for Administrative Review,
in Part,’’ dated May 3, 2018; and Dalian Penghong
and Jisen Wood’s letter, ‘‘Multilayered Wood
Flooring from the People’s Republic of China:
Withdrawal of Request for Administrative Review,’’
dated May 7, 2018.
5 See Changzhou Hawd Flooring Co., et al. v.
United States, Ct. No. 12–20, Slip Op. 18–82 (Court
of Int’l Trade July 3, 2018) and Changzhou Hawd
Flooring Co., et al. v. United States, Ct. No. 12–20,
Dkt. No. 199 (Court of Int’l Trade Aug. 15, 2018).
See also Multilayered Wood Flooring from the
People’s Republic of China: Amendment to Notice
of Court Decision Not in Harmony with the Second
Amended Final Determination and Amendment to
Notice of Third Amended Final Determination of
the Antidumping Duty Investigation, 83 FR 44027
(August 29, 2018).
6 See Initiation Notice.
7 See 19 CFR 351.213(d)(1).
E:\FR\FM\21DEN1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 245 (Friday, December 21, 2018)]
[Notices]
[Pages 65628-65630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27675]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-970]
Multilayered Wood Flooring From the People's Republic of China;
Preliminary Results of Antidumping Duty New Shipper Review; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Muyun Wood Co., Ltd., (Muyun) has not made sales of subject
merchandise at less than normal value. Interested parties are invited
to comment on these preliminary results of review.
DATES: Applicable December 21, 2018.
FOR FURTHER INFORMATION CONTACT: Aleksandras Nakutis, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
3147.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise covered by the order includes multilayered wood
flooring (MLWF), subject to certain exceptions.\1\ The subject
merchandise is currently classifiable under Harmonized Tariff Schedule
of the United States (HTSUS) subheadings: 4412.31.0520; 4412.31.0540;
4412.31.0560; 4412.31.2510; 4412.31.2520; 4412.31.4040; 4412.31.4050;
4412.31.4060; 4412.31.4070; 4412.31.4075; 4412.31.4080; 4412.31.5125;
4412.31.5135; 4412.31.5155; 4412.31.5165; 4412.31.6000; 4412.31.9100;
4412.32.0520; 4412.32.0540; 4412.32.0560; 4412.32.0565; 4412.32.0570;
4412.32.2510; 4412.32.2520; 4412.32.2525; 4412.32.2530; 4412.32.3125;
4412.32.3135; 4412.32.3155; 4412.32.3165; 4412.32.3175; 4412.32.3185;
4412.32.5600; 4412.39.1000; 4412.39.3000; 4412.39.4011; 4412.39.4012;
4412.39.4019; 4412.39.4031; 4412.39.4032; 4412.39.4039; 4412.39.4051;
4412.39.4052; 4412.39.4059; 4412.39.4061; 4412.39.4062; 4412.39.4069;
4412.39.5010; 4412.39.5030; 4412.39.5050; 4412.94.1030; 4412.94.1050;
4412.94.3105; 4412.94.3111; 4412.94.3121; 4412.94.3131; 4412.94.3141;
4412.94.3160; 4412.94.3171; 4412.94.4100; 4412.94.5100; 4412.94.6000;
4412.94.7000; 4412.94.8000; 4412.94.9000; 4412.94.9500; 4412.99.0600;
4412.99.1020; 4412.99.1030; 4412.99.1040; 4412.99.3110; 4412.99.3120;
4412.99.3130; 4412.99.3140; 4412.99.3150; 4412.99.3160; 4412.99.3170;
4412.99.4100; 4412.99.5100; 4412.99.5105; 4412.99.5115; 4412.99.5710;
4412.99.6000; 4412.99.7000; 4412.99.8000; 4412.99.9000; 4412.99.9500;
4418.71.2000; 4418.71.9000; 4418.72.2000; 4418.72.9500; and
9801.00.2500.
---------------------------------------------------------------------------
\1\ See Memorandum from Commerce, re: '' Decision Memorandum for
Preliminary Results of Huzhou Muyun Wood Co., Ltd. Antidumping Duty
New Shipper Review, 2014-2015: Multilayered Wood Flooring from the
People's Republic of China,'' dated concurrently (Preliminary
Decision Memorandum) for a full description of the Scope of the
Order.
---------------------------------------------------------------------------
The HTSUS subheadings are provided for convenience and customs
purposes only; the written description of the scope of the order is
dispositive.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and 751(a)(2)(B) of the Tariff Act of 1930, as amended
(the Act) and 19 CFR 351.214. Commerce calculated export prices in
accordance with section 772 of the Act. Because the People's Republic
of China (China) is a nonmarket economy country (NME) within the
meaning of section 771(18) of the Act, Commerce calculated normal value
in accordance with section 773(c) of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum, dated
concurrently with these results and hereby adopted by this notice. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov and
in the
[[Page 65629]]
Central Records Unit, Room 7046 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 versions of the Preliminary Decision Memorandum are
identical in content.
Preliminary Results of New Shipper Review
Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period of review (POR) December
1, 2014, through May 31, 2015:
------------------------------------------------------------------------
Weighted-
average dumping
Exporter Producer margin
(percent)
------------------------------------------------------------------------
Huzhou Muyun Wood Co., Ltd..... Huzhou Muyun Wood Co., 0.00
Ltd.
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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).
Interested parties may submit case briefs no later than 30 days after
the date of publication of these preliminary results of review.\2\
Rebuttals to case briefs may be filed no later than five days after the
time limit for filing case briefs.\3\ A table of contents, list of
authorities used, and an executive summary of issues should accompany
any briefs submitted to Commerce. This summary should be limited to
five pages total, including footnotes.
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\2\ See 19 CFR 351.309(c); see also 19 CFR 351.303 (for general
filing requirements).
\3\ See 19 CFR 351.309(d).
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Any interested party may request a hearing within 30 days of
publication of this notice.\4\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230.\5\
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\4\ See 19 CFR 351.310(c).
\5\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this new shipper
review, which will include the results of its analysis of issues raised
in any such comments, within 90 days of publication of these
preliminary results, pursuant to section 751(a)(2)(B)(iv) of the Act.
Assessment Rates
Upon issuing the final results of this new shipper review, Commerce
shall determine, and U.S. Customs and Border Protection (CBP) shall
assess, antidumping duties on all appropriate entries. Commerce intends
to issue assessment instructions to CBP 15 days after the date of
publication of the final results of this new shipper review. If the
individually examined respondent's weighted-average dumping margin is
above de minimis, we will calculate importer-specific ad valorem duty
assessment rates based on the ratio of the total amount of dumping
calculated for the importer's examined sales to the total entered value
of those same sales in accordance with 19 CFR 351.212(b)(1).\6\
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\6\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this new shipper review when the
importer-specific assessment rate calculated in the final results of
this review is above de minimis. Where either the respondent's
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
Commerce announced a refinement to its assessment practice in NME
cases. Pursuant to this refinement in practice, for entries that were
not reported in the U.S. sales databases submitted by Muyun for this
new shipper review, Commerce will instruct CBP to liquidate such
entries at the China-wide rate. In addition, if Commerce determines
that the exporter under review 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.\7\
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\7\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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The final results of this new shipper review shall be the basis for
the assessment of antidumping duties on entries of merchandise covered
by the final results of this review and for future deposits of
estimated duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this new shipper 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 751(a)(2)(C) of the Act: (1) For the companies
listed above that have a separate rate, the cash deposit rate will be
that rate established in the final results of this new shipper review
(except, if the rate is zero or de minimis, then a zero cash deposit
will be required); (2) for previously investigated or reviewed China
and non-China 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 producer/exporter-specific combination
rate; (3) for all China 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, or 58.84 percent; and (4) for
all non-China exporters of subject merchandise which have not received
their own rate, the cash deposit rate will be the rate applicable to
the PRC producer/exporter combination that supplied that non-China
exporter. These deposit requirements, when imposed, shall remain in
effect until further notice.
[[Page 65630]]
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(2)(B) and 777(i)(1) of the Act and 19 CFR 351.214.
Dated: December 14, 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 I
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
5. Bona Fide Sale Analysis
6. Non-Market Economy Country Status
7. Separate Rate
8. Absence of De Jure Control
9. Absence of De Facto Control
10. Surrogate Country
11. Economic Comparability
12. Significant Producer of Comparable Merchandise
13. Data Availability
14. Date of Sale
15. Fair Value Comparisons
16. Differential Pricing Analysis
17. Results of the Differential Pricing Analysis
18. U.S. Price
19. Value Added Tax
20. Normal Value
21. Factor Valuations
22. Currency Conversion
23. Section 777A(f) of the Act
[FR Doc. 2018-27675 Filed 12-20-18; 8:45 am]
BILLING CODE 3510-DS-P
