Citric Acid and Certain Citrate Salts From Canada: Preliminary Results of Antidumping Duty Administrative Review; 2017-2018, 32710-32712 [2019-14560]
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including, inter alia, utility trailers, cargo
trailers, horse trailers, boat trailers,
recreational trailers, and towable mobile
homes. The standard widths of certain onthe-road steel wheels are 4 inches, 4.5 inches,
5 inches, 5.5 inches, 6 inches, and 6.5 inches,
but all certain on-the-road steel wheels,
regardless of width, are covered by the scope.
The scope includes rims and discs for
certain on-the-road steel wheels, whether
imported as an assembly, unassembled, or
separately. The scope includes certain onthe-road steel wheels regardless of steel
composition, whether cladded or not
cladded, whether finished or not finished,
and whether coated or uncoated. The scope
also includes certain on-the-road steel wheels
with discs in either a ‘‘hub-piloted’’ or ‘‘studpiloted’’ mounting configuration, though the
stud-piloted configuration is most common
in the size range covered.
All on-the-road wheels sold in the United
States must meet Standard 110 or 120 of the
National Highway Traffic Safety
Administration’s (NHTSA) Federal Motor
Vehicle Safety Standards, which requires a
rim marking, such as the ‘‘DOT’’ symbol,
indicating compliance with applicable motor
vehicle standards. See 49 CFR 571.110 and
571.120. The scope includes certain on-theroad steel wheels imported with or without
NHTSA’s required markings.
Certain on-the-road steel wheels imported
as an assembly with a tire mounted on the
wheel and/or with a valve stem or rims
imported as an assembly with a tire mounted
on the rim and/or with a valve stem are
included in the scope of these investigations.
However, if the steel wheels or rims are
imported as an assembly with a tire mounted
on the wheel or rim and/or with a valve stem
attached, the tire and/or valve stem is not
covered by the scope.
The scope includes rims, discs, and wheels
that have been further processed in a third
country, including, but not limited to, the
painting of wheels from China and the
welding and painting of rims and discs from
China to form a steel wheel, or any other
processing that would not otherwise remove
the merchandise from the scope of the
investigations if performed in China.
Excluded from this scope are the following:
(1) Steel wheels for use with tube-type
tires; such tires use multi piece rims, which
are two-piece and three-piece assemblies and
require the use of an inner tube;
(2) aluminum wheels;
(3) certain on-the-road steel wheels that are
coated entirely in chrome. This exclusion is
limited to chrome wheels coated entirely in
chrome and produced through a chromium
electroplating process, and does not extend
to wheels that have been finished with other
processes, including, but not limited to,
Physical Vapor Deposition (PVD);
(4) steel wheels that do not meet Standard
110 or 120 of the NHTSA’s requirements
other than the rim marking requirements
found in 49 CFR 571.110S4.4.2 and
571.120S5.2;
(5) steel wheels that meet the following
specifications: Steel wheels with a nominal
wheel diameter ranging from 15 inches to
16.5 inches, with a rim width of 8 inches or
greater, and a wheel backspacing ranging
from 3.75 inches to 5.5 inches; and
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(6) steel wheels with wire spokes.
Certain on-the-road steel wheels subject to
these investigations are properly classifiable
under the following category of the
Harmonized Tariff Schedule of the United
States (HTSUS): 8716.90.5035 which covers
the exact product covered by the scope
whether entered as an assembled wheel or in
components. Certain on-the-road steel wheels
entered with a tire mounted on them may be
entered under HTSUS 8716.90.5059 (Trailers
and semi-trailers; other vehicles, not
mechanically propelled, parts, wheels, other,
wheels with other tires) (a category that will
be broader than what is covered by the
scope). While the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
subject merchandise is dispositive.
Attachment II—List of Topics Discussed
in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Affirmative Determination of Critical
Circumstances
VI. Changes Since the Preliminary
Determination
VII. Adjustments to Cash Deposit Rates for
Export Subsidies
VIII. Use of Facts Otherwise Available and
Adverse Inferences
IX. Discussion of the Issues
Comment 1: Selection of the AFA Rate
Comment 2: Whether Critical
Circumstances Exist
X. Recommendation
[FR Doc. 2019–14559 Filed 7–8–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–122–853]
Citric Acid and Certain Citrate Salts
From Canada: Preliminary Results of
Antidumping Duty Administrative
Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Jungbunzlauer Canada, Inc. (JBL
Canada), producer/exporter of citric
acid and certain citrate salts (citric acid)
from Canada, did not sell subject
merchandise at prices below normal
value (NV) during the period of review
(POR) May 1, 2017 through April 30,
2018. We invite interested parties to
comment on these preliminary results.
DATES: Applicable July 9, 2019.
FOR FURTHER INFORMATION CONTACT:
Joseph Dowling or George Ayache, AD/
CVD Operations, Office VIII,
AGENCY:
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Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1646 or
(202) 482–2623, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 12, 2018, in accordance with
19 CFR 351.221(c)(1)(i), we published a
notice of initiation of an administrative
review of the antidumping duty order
on citric acid from Canada.1 On
December 20, 2018, Commerce
postponed the deadline for the
preliminary results of this
administrative review until March 18,
2019, in accordance with section
751(a)(3)(A) of the Act and 19 CFR
351.213(h)(2).2 Subsequently,
Commerce exercised its discretion to
toll all deadlines affected by the partial
federal government closure from
December 22, 2018, through the
resumption of operations on January 29,
2019.3 The revised deadline for the
preliminary results in this
administrative review is July 10, 2019.
Scope of the Order
The merchandise covered by the
Order 4 is citric acid and certain citrate
salts from Canada. The product is
currently classified under subheadings
2918.14.0000, 2918.15.1000,
2918.15.5000, and 3824.90.9290 of the
Harmonized Tariff System of the United
States (HTSUS). Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of merchandise
subject to the scope is dispositive.5
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
32270 (July 12, 2018).
2 See Memorandum to James Maeder, Associate
Deputy Assistance Secretary for Antidumping and
Countervailing Duty Operations performing the
duties of Deputy Assistance Secretary for
Antidumping and Countervailing Duty Operations,
‘‘Citric Acid and Certain Citrate Salts from Canada:
Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review,’’ dated
December 20, 2018.
3 See Memorandum to the Record from Gary
Taverman, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations
for Enforcement and Compliance, ‘‘Deadlines
Affected by the Partial Shutdown of the Federal
Government,’’ dated January 28, 2019. All deadlines
in this segment of the proceeding have been
extended by 40 days.
4 See Citric Acid and Certain Citrate Salts from
Canada and the People’s Republic of China:
Antidumping Duty Orders, 74 FR 25703 (May 29,
2009) (Order).
5 A full description of the scope of the Order is
contained in the Memorandum, ‘‘Decision
Memorandum for Preliminary Results of
Antidumping Duty Administrative Review: Citric
Acid and Certain Citrate Salts from Canada; 2017–
2018’’ (Preliminary Decision Memorandum), dated
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Methodology
Commerce is conducting this review
in accordance with sections 751(a)(1)(B)
and (2) of the Tariff Act of 1930, as
amended (the Act). Constructed export
price is calculated in accordance with
section 772 of the Act. Normal value is
calculated in accordance with section
773 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 Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed at https://
enforcement.trade.gov/frn/.
The signed Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
Memorandum are identical in content.
A list of the topics discussed in the
Preliminary Decision Memorandum is
attached as an Appendix to this notice.
Preliminary Results of the Review
As a result of this review, Commerce
preliminarily determines that a
weighted-average dumping margin of
0.00 percent exists for JBL Canada for
the period May 1, 2017 through April
30, 2018.
khammond on DSKBBV9HB2PROD with NOTICES
Disclosure and Public Comment
table of authorities. Case and rebuttal
briefs should be filed using ACCESS.8
All submissions to Commerce must be
filed electronically using ACCESS, and
must also be served on interested
parties.9 An electronically filed
document must be received successfully
in its entirety by Commerce’s electronic
records system, ACCESS, by 5:00 p.m.
Eastern Time on the date that the
document is due.
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, using
Enforcement and Compliance’s ACCESS
system within 30 days of publication of
this notice.10 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 and rebuttal briefs. If a
request for a hearing is made, Commerce
intends to hold the hearing at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, at a time and date to be
determined. Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
Unless the deadline is extended
pursuant to section 751(a)(2)(B)(iv) of
the Act and 19 CFR 351.213(h)(2),
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
issues raised in any written briefs, not
later than 120 days after the date of
publication of this notice.11
Assessment Rates
Commerce intends to disclose the
calculations performed in connection
with these preliminary results to
interested 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 to Commerce no later than 30
days after the date of publication of this
notice.6 Rebuttal briefs, limited to issues
raised in the case briefs, may be filed
not later than five days after the date for
filing case briefs.7 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), 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
Upon issuance of the final results,
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review.12
If JBL Canada’s calculated weightedaverage dumping margin is above de
minimis (i.e., greater than or equal to 0.5
percent) in the final results of this
review, we will calculate importerspecific ad valorem duty assessment
rates based on the ratio of the total
amount of antidumping duties
calculated for the examined sales to the
total entered value of the examined
sales to that importer, and we will
8 See
19 CFR 351.303.
19 CFR 351.303(f).
10 See 19 CFR 351.310(c).
11 See section 751(a)(3)(A) of the Act; and 19 CFR
351.213(h).
12 See 19 CFR 351.212(b)(1).
9 See
concurrently with, and hereby adopted by, this
notice.
6 See 19 CFR 351.309(c)(1)(ii).
7 See 19 CFR 351.309(d).
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32711
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review. If JBL Canada’s
weighted-average dumping margin
continues to be zero or de minimis, or
the importer-specific assessment rate is
zero or de minimis, we will instruct CBP
to liquidate the appropriate entries
without regard to antidumping duties.13
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by JBL Canada for
which it did not know its merchandise
was destined for the United States, we
will instruct CBP to liquidate
unreviewed entries at the all-others
rate.14
We intend to issue instructions to
CBP 41 days after the date of
publication of the final results of this
review.
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
notice of final results of administrative
review for all shipments of the subject
merchandise 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)
The cash deposit rate for JBL Canada
will be the rate established in the final
results of this review, except if the rate
is de minimis within the meaning of 19
CFR 351.106(c)(1) (i.e., less than 0.50
percent), in which case the cash deposit
rate will be zero; (2) for merchandise
exported by manufacturers or exporters
not covered in this review but covered
in a prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently-completed segment; (3) if
the exporter is not a firm covered in this
review, a prior review, or the original
investigation, but the manufacturer is,
the cash deposit rate will be the rate
established for the most recentlycompleted segment for the manufacturer
of the merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 23.21
percent, the all-others rate established
in the less-than-fair-value
investigation.15 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
13 See
19 CFR 351.106(c)(2).
a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
15 See Order.
14 For
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their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
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: July 2, 2019.
Jeffrey I. Kessler,
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
V. Recommendation
[FR Doc. 2019–14560 Filed 7–8–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–508–812]
Magnesium From Israel: Preliminary
Affirmative Determination of Sales at
Less Than Fair Value, Postponement
of Final Determination, and Extension
of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that magnesium from Israel is being, or
is likely to be, sold in the United States
at less than fair value (LTFV). The
period of investigation (POI) is October
1, 2017 through September 30, 2018.
Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
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DATES:
Applicable July 9, 2019.
FOR FURTHER INFORMATION CONTACT:
Bryan Hansen, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3683.
SUPPLEMENTARY INFORMATION:
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Background
Scope Comments
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on November 20, 2018.1 Commerce
exercised its discretion to toll all
deadlines affected by the partial federal
government closure from December 22,
2018, through the resumption of
operations on January 29, 2019.2 On
April 23, 2019, at the request of the
petitioner, Commerce postponed the
preliminary determination of this
investigation, and the revised deadline
is now July 1, 2019.3 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
Memorandum.4 A list of topics included
in the Preliminary Decision
Memorandum is included as Appendix
II to 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 to all parties in the
Central Records Unit, Room B8024 of
the main Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/. The signed
and the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
In accordance with the Preamble to
Commerce’s regulations,5 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).6 No interested
party commented on the scope of the
investigation as it appeared in the
Initiation Notice. Therefore, Commerce
is not preliminarily modifying the scope
language as it appeared in the Initiation
Notice. See the scope in Appendix I to
this notice.
Scope of the Investigation
The product covered by this
investigation is magnesium from Israel.
For a complete description of the scope
of this investigation, see Appendix I.
1 See Magnesium from Israel: Initiation of LessThan-Fair-Value Investigation, 83 FR 58533
(November 20, 2018) (Initiation Notice).
2 See Memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
3 See Magnesium from Israel: Postponement of
Preliminary Determination in the Less-Than-FairValue Investigation, 84 FR 16845 (April 23, 2019).
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Magnesium from Israel’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export prices in accordance
with section 772(a) of the Act.
Constructed export prices have been
calculated in accordance with section
772(b) of the Act. Normal value (NV) is
calculated in accordance with section
773 of the Act. For a full description of
the methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(A)(ii) and
735(c)(5)(A) of the Act provide that in
the preliminary determination
Commerce shall determine an estimated
all-others rate for all exporters and
producers not individually examined.
This rate shall be an amount equal to
the weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act. Commerce
calculated an individual estimated
weighted-average dumping margin for
Dead Sea Magnesium, Ltd. (DSM), the
only individually examined exporter/
producer in this investigation. Because
the only individually calculated
dumping margin is not zero, de
minimis, or based entirely on facts
otherwise available, the estimated
weighted-average dumping margin
calculated for DSM is the margin
assigned to all other producers and
exporters, pursuant to section
735(c)(5)(A) of the Act.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist for the
5 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
6 See Initiation Notice, 83 FR at 58534.
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]]>Agencies
[Federal Register Volume 84, Number 131 (Tuesday, July 9, 2019)]
[Notices]
[Pages 32710-32712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14560]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-853]
Citric Acid and Certain Citrate Salts From Canada: Preliminary
Results of Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Jungbunzlauer Canada, Inc. (JBL Canada), producer/exporter of
citric acid and certain citrate salts (citric acid) from Canada, did
not sell subject merchandise at prices below normal value (NV) during
the period of review (POR) May 1, 2017 through April 30, 2018. We
invite interested parties to comment on these preliminary results.
DATES: Applicable July 9, 2019.
FOR FURTHER INFORMATION CONTACT: Joseph Dowling or George Ayache, 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) 482-1646 or (202)
482-2623, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 12, 2018, in accordance with 19 CFR 351.221(c)(1)(i), we
published a notice of initiation of an administrative review of the
antidumping duty order on citric acid from Canada.\1\ On December 20,
2018, Commerce postponed the deadline for the preliminary results of
this administrative review until March 18, 2019, in accordance with
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2).\2\
Subsequently, Commerce exercised its discretion to toll all deadlines
affected by the partial federal government closure from December 22,
2018, through the resumption of operations on January 29, 2019.\3\ The
revised deadline for the preliminary results in this administrative
review is July 10, 2019.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 32270 (July 12, 2018).
\2\ See Memorandum to James Maeder, Associate Deputy Assistance
Secretary for Antidumping and Countervailing Duty Operations
performing the duties of Deputy Assistance Secretary for Antidumping
and Countervailing Duty Operations, ``Citric Acid and Certain
Citrate Salts from Canada: Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated December
20, 2018.
\3\ See Memorandum to the Record from Gary Taverman, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations for Enforcement and Compliance, ``Deadlines Affected by
the Partial Shutdown of the Federal Government,'' dated January 28,
2019. All deadlines in this segment of the proceeding have been
extended by 40 days.
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Scope of the Order
The merchandise covered by the Order \4\ is citric acid and certain
citrate salts from Canada. The product is currently classified under
subheadings 2918.14.0000, 2918.15.1000, 2918.15.5000, and 3824.90.9290
of the Harmonized Tariff System of the United States (HTSUS). Although
the HTSUS subheadings are provided for convenience and customs
purposes, the written description of merchandise subject to the scope
is dispositive.\5\
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\4\ See Citric Acid and Certain Citrate Salts from Canada and
the People's Republic of China: Antidumping Duty Orders, 74 FR 25703
(May 29, 2009) (Order).
\5\ A full description of the scope of the Order is contained in
the Memorandum, ``Decision Memorandum for Preliminary Results of
Antidumping Duty Administrative Review: Citric Acid and Certain
Citrate Salts from Canada; 2017-2018'' (Preliminary Decision
Memorandum), dated concurrently with, and hereby adopted by, this
notice.
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[[Page 32711]]
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Constructed export price is calculated in accordance with section 772
of the Act. Normal value is calculated in accordance with section 773
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 Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed at https://enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and the electronic version of the
Preliminary Decision Memorandum are identical in content. A list of the
topics discussed in the Preliminary Decision Memorandum is attached as
an Appendix to this notice.
Preliminary Results of the Review
As a result of this review, Commerce preliminarily determines that
a weighted-average dumping margin of 0.00 percent exists for JBL Canada
for the period May 1, 2017 through April 30, 2018.
Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested 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 to Commerce no later than
30 days after the date of publication of this notice.\6\ Rebuttal
briefs, limited to issues raised in the case briefs, may be filed not
later than five days after the date for filing case briefs.\7\ Pursuant
to 19 CFR 351.309(c)(2) and (d)(2), 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. Case and rebuttal briefs
should be filed using ACCESS.\8\
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\6\ See 19 CFR 351.309(c)(1)(ii).
\7\ See 19 CFR 351.309(d).
\8\ See 19 CFR 351.303.
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All submissions to Commerce must be filed electronically using
ACCESS, and must also be served on interested parties.\9\ An
electronically filed document must be received successfully in its
entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m.
Eastern Time on the date that the document is due.
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\9\ See 19 CFR 351.303(f).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, using Enforcement and
Compliance's ACCESS system within 30 days of publication of this
notice.\10\ 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 and rebuttal briefs. If a request
for a hearing is made, Commerce intends to hold the hearing at the U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230, at a time and date to be determined. Parties should confirm by
telephone the date, time, and location of the hearing two days before
the scheduled date.
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\10\ See 19 CFR 351.310(c).
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Unless the deadline is extended pursuant to section
751(a)(2)(B)(iv) of the Act and 19 CFR 351.213(h)(2), Commerce intends
to issue the final results of this administrative review, including the
results of its analysis of issues raised in any written briefs, not
later than 120 days after the date of publication of this notice.\11\
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\11\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\12\
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\12\ See 19 CFR 351.212(b)(1).
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If JBL Canada's calculated weighted-average dumping margin is above
de minimis (i.e., greater than or equal to 0.5 percent) in the final
results of this review, we will calculate importer-specific ad valorem
duty assessment rates based on the ratio of the total amount of
antidumping duties calculated for the examined sales to the total
entered value of the examined sales to that importer, and we will
instruct CBP to assess antidumping duties on all appropriate entries
covered by this review. If JBL Canada's weighted-average dumping margin
continues to be zero or de minimis, or the importer-specific assessment
rate is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.\13\
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\13\ See 19 CFR 351.106(c)(2).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by JBL
Canada for which it did not know its merchandise was destined for the
United States, we will instruct CBP to liquidate unreviewed entries at
the all-others rate.\14\
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\14\ For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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We intend to issue instructions to CBP 41 days after the date of
publication of the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of the subject merchandise 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) The cash deposit rate
for JBL Canada will be the rate established in the final results of
this review, except if the rate is de minimis within the meaning of 19
CFR 351.106(c)(1) (i.e., less than 0.50 percent), in which case the
cash deposit rate will be zero; (2) for merchandise exported by
manufacturers or exporters not covered in this review but covered in a
prior segment of the proceeding, the cash deposit rate will continue to
be the company-specific rate published for the most recently-completed
segment; (3) if the exporter is not a firm covered in this review, a
prior review, or the original investigation, but the manufacturer is,
the cash deposit rate will be the rate established for the most
recently-completed segment for the manufacturer of the merchandise; and
(4) the cash deposit rate for all other manufacturers or exporters will
continue to be 23.21 percent, the all-others rate established in the
less-than-fair-value investigation.\15\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\15\ See Order.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
[[Page 32712]]
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
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: July 2, 2019.
Jeffrey I. Kessler,
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
V. Recommendation
[FR Doc. 2019-14560 Filed 7-8-19; 8:45 am]
BILLING CODE 3510-DS-P
