1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2016-2018, 33236-33238 [2019-14863]
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Federal Register / Vol. 84, No. 134 / Friday, July 12, 2019 / Notices
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new company the cash deposit rate of
its predecessor.12
Based on the evidence on the record,
we preliminarily determine that TAK is
the successor-in-interest to TCK.
Specifically, record evidence, as
submitted by TAK, indicates that TAK
operates as essentially the same
business entity as TCK with respect to
the subject merchandise.13 For the
complete successor-in-interest analysis,
refer to the accompanying successor-ininterest memorandum.14
Record evidence, as submitted by
TAK, indicates that TAK merged with
its wholly-owned subsidiary, TCK, and
TAK absorbed TCK’s low melt PSF
business division in its entirety.
Specifically, TAK provided the Merger
Agreement which transfers TCK’s assets,
rights, and liabilities to TAK;
shareholder information showing the
ownership of TCK by TAK before the
merger and the ownership of TAK after
the merger; approvals from various
governing entities confirming the
incorporation of TCK’s business into
TAK; letters notifying clients and
investors of the merger and the intent
for TCK’s business to continue without
change; organizational charts
demonstrating the production and sales
activities of TCK and TAK before the
merger and TAK after the merger; a list
of the low melt PSF sales team at TCK
and at TAK; a list of Board of Directors
and other executives before and after the
merger; a list of low melt PSF input
suppliers and customers before and after
the merger; documentation showing low
melt PSF production facilities and
capacity before and after the merger;
and TCK’s pre-merger low melt PSF
product brochure which TAK used to
market low melt PSF after the merger.15
In summary, TAK presented evidence to
support its claim of successorship and
the transfer did not impact any of the
criteria that Commerce typically looks
to when making a changed
circumstances determination.
We find that the evidence provided by
TAK is sufficient to preliminarily
determine that the transfer of TCK’s low
melt PSF operations to TAK did not
affect the company’s operations in a
meaningful way. Therefore, based on
the aforementioned reasons, we
preliminarily determine that TAK is the
12 Id.; see also Rubber from Japan, 67 FR 58–59;
and Ball Bearings and Parts Thereof from France:
Final Results of Changed-Circumstances Review, 75
FR 34688–89 (June 18, 2010).
13 See TAK CCR Request.
14 See Memorandum, ‘‘Low Melt Polyester Staple
Fiber from the Republic of Korea: Preliminary
Successor-In-Interest Determination,’’ dated
concurrently with this notice.
15 See TAK CCR Request.
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16:55 Jul 11, 2019
Jkt 247001
successor-in-interest to TCK and, thus,
should receive the same AD treatment
with respect to the subject merchandise
as its predecessor company, TCK.
Should our final results remain the
same as these preliminary results, we
will instruct U.S. Customs and Border
Protection to suspend entries of subject
merchandise produced or exported by
TAK at TCK’s cash deposit rate,
effective on the publication date of our
final results.
Public Comment
Pursuant to 19 CFR 351.310(c), any
interested party may request a hearing
within 30 days of publication of this
notice. In accordance with 19 CFR
351.309(c)(1)(ii), interested parties may
submit case briefs not later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no
later than five days after the case briefs,
in accordance with 19 CFR 351.309(d).
Parties who submit case or rebuttal
briefs 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.16 All comments are to be
filed electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS)
available to registered users at https://
access.trade.gov and in the Central
Records Unit, Room B8024 of the main
Commerce building. An electronicallyfiled document must be received
successfully in its entirety by ACCESS
by 5:00 p.m. Eastern Time on the day it
is due.17
Consistent with 19 CFR 351.216(e),
we will issue the final results of this
CCR no later than 270 days after the
date on which this review was initiated,
or within 45 days of publication of these
preliminary results if all parties agree to
our preliminary finding.
Notification to Interested Parties
This notice is published in
accordance with sections 751(b)(1) and
777(i)(1) of the Act and 19 CFR
351.216(b), 351.221(b), and
351.221(c)(3).
Dated: July 8, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2019–14864 Filed 7–11–19; 8:45 am]
BILLING CODE 3510–DS–P
PO 00000
16 See
17 See
19 CFR 351.309(c)(2) and (d)(2).
19 CFR 351.303(b).
Frm 00019
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–045]
1-Hydroxyethylidene-1, 1Diphosphonic Acid From the People’s
Republic of China: Preliminary Results
of Antidumping Duty Administrative
Review; 2016–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily finds that
exporters of 1-Hydroxyethylidene-1, 1Diphosphonic Acid (HEDP) from the
People’s Republic of China (China) sold
subject merchandise in the United
States at prices below normal value
during the period of review (POR)
November 4, 2016 through April 30,
2018. We invite all interested parties to
comment on these preliminary results.
DATES: Applicable July 12, 2019.
FOR FURTHER INFORMATION CONTACT:
Jasun Moy or Kabir Archuletta, AD/CVD
Operations, Office V, Enforcement and
Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–8194, or (202) 482–2593,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce is conducting an
administrative review of the
antidumping duty order on HEDP from
China in accordance with section 751(a)
of the Tariff Act of 1930, as amended
(the Act).1 This review covers one
producer/exporter of subject
merchandise, Henan Qingshuiyuan
Technology Co., Ltd. (Qingshuiyuan).
On December 17, 2018, Commerce
exercised its discretion to extend the
deadline for the preliminary results.2
Additionally, 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 27, 2019, resulting in a revised
deadline of July 10, 2019.3
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
32270 (July 12, 2018) (Initiation); see also 1Hydroxyethylidene-1, 1-Diphosphonic Acid from
the People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair Value,
and Antidumping Duty Order, 82 FR 22807 (May
18, 2017) (Order).
2 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated December 17, 2018.
3 See Memorandum to the Record from Gary
Taverman, Deputy Assistant Secretary for
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Federal Register / Vol. 84, No. 134 / Friday, July 12, 2019 / Notices
Scope of the Order
The products covered by this order
are HEDP. The products are currently
classifiable under the Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings: 2931.90.9043,
2811.19.6090 and 2931.90.9041.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written product
description of the scope of the order
remains dispositive. For a full
description of the scope, see the
Preliminary Decision Memorandum.4
China-Wide Entity
Commerce’s policy regarding
conditional review of the China-wide
entity applies to this administrative
review.5 Under this policy, the Chinawide entity will not be under review
unless a party specifically requests, or
Commerce self-initiates, a review of the
entity. Because no party requested a
review of the China-wide entity in this
review, the entity is not under review
and the entity’s rate (i.e., 167.58
percent) is not subject to change.6
Separate Rates
Commerce preliminarily determines
that information placed on the record by
Qingshuiyuan demonstrates that this
entity is entitled to separate rate status.7
For additional information, see the
Preliminary Decision Memorandum.
Methodology
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Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Act. We calculated constructed
export prices and export prices 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, normal value has
been calculated in accordance with
section 773(c) of the Act.
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.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review of 1-Hydroxyethylidene-1,
1-Diphosphonic Acid from the People’s Republic of
China; 2016–2018,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
5 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
6 See Order.
7 See Qingshuiyuan’s September 18, 2018 Section
A Questionnaire Response at 2–14.
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16:55 Jul 11, 2019
Jkt 247001
For a full description of the
methodology underlying the
preliminary results, see the Preliminary
Decision Memorandum. A list of the
topics included in the Preliminary
Decision Memorandum is included as
an Appendix to this notice. The
Preliminary Decision Memorandum is a
public document and is made available
to the public 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 it is
available 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 is available at
https://enforcement.trade.gov/frn/. The
signed and electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Preliminary Results of the Review
Based on the evidence provided by
Qingshuiyuan, we preliminarily find
that the evidence supports the absence
of du jure and de facto government
control. Based on the absence of both de
jure and de facto government control
with respect to the companies’ exports
of the merchandise under review, we
preliminarily find that Qingshuiyuan
has established that it qualifies for a
separate rate.
We preliminarily determine that the
following weighted-average dumping
margin exists for the period November
4, 2016 through April 30, 2018:
Weightedaverage
dumping
margin
(percent)
Exporter
Henan Qingshuiyuan Technology Co., Ltd ........................
397.20
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.8 If Qingshuiyuan’s weightedaverage dumping margin is not zero or
de minimis (i.e., less than 0.5 percent)
in the final results of this review,
Commerce will calculate an importerspecific ad valorem assessment rate
based on 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). We will instruct
PO 00000
CBP to assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific
assessment rate calculated in the final
results of this review is not zero or de
minimis. If Qingshuiyuan’s weightedaverage dumping margin is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
In accordance with section 751(a)(2)(C)
of the Act, the final results of this
review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by this
review where applicable.
For entries that were not reported in
the U.S. sales data submitted by
companies individually examined
during this review, Commerce will
instruct CBP to liquidate such entries at
the rate for the China-wide entity.9
Additionally, if Commerce determines
that an 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 cash deposit rate) will
be liquidated at the rate for the Chinawide entity.10 We intend to issue
instructions to CBP 15 days after the
publication date of the final results of
this review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the finals results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for Qingshuiyuan
will be the rate established in the final
results of this review (except, if the ad
valorem rate is de minimis, then the
cash deposit rate will be zero); (2) for
previously investigated or reviewed
Chinese and non-Chinese exporters not
listed above that have received a
separate rate in a prior segment of this
proceeding, the cash deposit rate will
continue to be the existing exporterspecific cash deposit rate published for
the most recently completed period; (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 the rate for the
China-wide entity; and (4) for all nonChinese exporters of subject
merchandise which have not received
their own separate rate, the cash deposit
rate will be the rate applicable to the
Chinese exporter that supplied that non9 Id.
8 See
19 CFR 351.212(b)(1).
Frm 00020
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33237
10 Id.
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33238
Federal Register / Vol. 84, No. 134 / Friday, July 12, 2019 / Notices
jbell on DSK3GLQ082PROD with NOTICES
Chinese exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed for these
preliminary results to the parties within
ten days of the date of publication of
this notice in accordance with 19 CFR
351.224(b). Interested parties are invited
to comment on the preliminary results
and may submit case briefs and/or
written comments, filed electronically
using ACCESS, within 30 days of the
date of publication of this notice,
pursuant to 19 CFR 351.309(c)(1)(ii).
Rebuttal briefs, limited to issues raised
in the case briefs, will be due five days
after the due date for case briefs,
pursuant to 19 CFR 351.309(d). Parties
who submit case or rebuttal briefs in
this review are requested to submit with
each argument a statement of the issue,
a summary of the argument not to
exceed five pages, and a table of
statutes, regulations, and cases cited, in
accordance with 19 CFR 351.309(c)(2).
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.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCES. An electronically filed
document must be received successfully
in its entirety by 5:00 p.m. Eastern Time
(ET) within 30 days after the date of
publication of this notice. Requests
should contain: (1) The party’s name,
address and telephone number; (2) the
number of participants; and (3) whether
any participant is a foreign national; and
(4) a list of issues parties intend to
discuss. Issues raised in the hearing will
be limited to those raised in the
respective case and rebuttal briefs.11 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 date and
time to be determined.12 Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
which will include the results of its
11 See
12 See
19 CFR 351.310(c).
19 CFR 351.310(d).
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16:55 Jul 11, 2019
Jkt 247001
analysis of issues raised in any briefs,
within 120 days of publication of these
preliminary results, pursuant to section
751(a)(3)(A) of the Act.
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 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.
Notification to Interested Parties
This administrative review and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.221(b)(4).
Dated: July 8, 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. 2019–14863 Filed 7–11–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
Agency: National Institute of
Standards and Technology, Commerce.
Title: Analysis of Exoskeleton-Use for
Enhancing Human Performance Data
Collection.
OMB Control Number: 0693–0083.
Form Number(s): None.
Type of Request: Revision and
extension of a current information
collection.
Number of Respondents: 180.
Average Hours per Response: 10
minutes.
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
Burden Hours: 30 hours.
Needs and Uses: NIST’s Engineering
Laboratory will be developing methods
to evaluate performance of exoskeletons
in two key areas (1) The fit and motion
of the exoskeleton device with respect
to the users’ body and (2) The impact
that using an exoskeleton has on the
performance of users executing tasks
that are representative of activities in
industrial settings. The results of these
experiments will inform future test
method development at NIST, other
organizations, and under the purview of
the new American Society for Testing
Materials (ASTM) Committee F48 on
Exoskeletons and Exosuits. This study
had previously been approved through
the PRA process, however, updates to
the questionnaire are needed to include
additional research questions. The
changes to the questionnaire are needed
to better align research questions with
the tasks being performed by subjects.
Some additional background
information is also being asked to
correlate data during analysis of subject
performance with age, height, activity
level, etc.
Affected Public: Individuals.
Frequency: On occasion.
Respondent’s Obligation: Voluntary.
This information collection request
may be viewed at reginfo.gov. Follow
the instructions to view Department of
Commerce collections currently under
review by OMB.
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to OIRA_Submission@
omb.eop.gov or fax to (202) 395–5806.
Sheleen Dumas,
Departmental Lead PRA Officer, Office of the
Chief Information Officer, Commerce
Department.
[FR Doc. 2019–14850 Filed 7–11–19; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: National Oceanic and
Atmospheric Administration (NOAA).
E:\FR\FM\12JYN1.SGM
12JYN1
]]>Agencies
[Federal Register Volume 84, Number 134 (Friday, July 12, 2019)]
[Notices]
[Pages 33236-33238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14863]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-045]
1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review; 2016-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
exporters of 1-Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP) from the
People's Republic of China (China) sold subject merchandise in the
United States at prices below normal value during the period of review
(POR) November 4, 2016 through April 30, 2018. We invite all interested
parties to comment on these preliminary results.
DATES: Applicable July 12, 2019.
FOR FURTHER INFORMATION CONTACT: Jasun Moy or Kabir Archuletta, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-8194, or (202) 482-2593,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on HEDP from China in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).\1\ This review covers one
producer/exporter of subject merchandise, Henan Qingshuiyuan Technology
Co., Ltd. (Qingshuiyuan). On December 17, 2018, Commerce exercised its
discretion to extend the deadline for the preliminary results.\2\
Additionally, 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 27, 2019,
resulting in a revised deadline of July 10, 2019.\3\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 32270 (July 12, 2018) (Initiation);
see also 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the
People's Republic of China: Amended Final Determination of Sales at
Less Than Fair Value, and Antidumping Duty Order, 82 FR 22807 (May
18, 2017) (Order).
\2\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated December
17, 2018.
\3\ 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.
---------------------------------------------------------------------------
[[Page 33237]]
Scope of the Order
The products covered by this order are HEDP. The products are
currently classifiable under the Harmonized Tariff Schedule of the
United States (HTSUS) subheadings: 2931.90.9043, 2811.19.6090 and
2931.90.9041. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written product description of
the scope of the order remains dispositive. For a full description of
the scope, see the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of 1-
Hydroxyethylidene-1, 1-Diphosphonic Acid from the People's Republic
of China; 2016-2018,'' dated concurrently with, and hereby adopted
by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\5\ Under this policy, the
China-wide entity will not be under review unless a party specifically
requests, or Commerce self-initiates, a review of the entity. Because
no party requested a review of the China-wide entity in this review,
the entity is not under review and the entity's rate (i.e., 167.58
percent) is not subject to change.\6\
---------------------------------------------------------------------------
\5\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\6\ See Order.
---------------------------------------------------------------------------
Separate Rates
Commerce preliminarily determines that information placed on the
record by Qingshuiyuan demonstrates that this entity is entitled to
separate rate status.\7\ For additional information, see the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\7\ See Qingshuiyuan's September 18, 2018 Section A
Questionnaire Response at 2-14.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. We calculated constructed export prices and
export prices 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, normal value has been calculated in accordance with section
773(c) of the Act.
For a full description of the methodology underlying the
preliminary results, see the Preliminary Decision Memorandum. A list of
the topics included in the Preliminary Decision Memorandum is included
as an Appendix to this notice. The Preliminary Decision Memorandum is a
public document and is made available to the public 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 it is available 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 is
available at https://enforcement.trade.gov/frn/. The signed and
electronic versions of the Preliminary Decision Memorandum are
identical in content.
Preliminary Results of the Review
Based on the evidence provided by Qingshuiyuan, we preliminarily
find that the evidence supports the absence of du jure and de facto
government control. Based on the absence of both de jure and de facto
government control with respect to the companies' exports of the
merchandise under review, we preliminarily find that Qingshuiyuan has
established that it qualifies for a separate rate.
We preliminarily determine that the following weighted-average
dumping margin exists for the period November 4, 2016 through April 30,
2018:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Henan Qingshuiyuan Technology Co., Ltd..................... 397.20
------------------------------------------------------------------------
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.\8\ If
Qingshuiyuan's weighted-average dumping margin is not zero or de
minimis (i.e., less than 0.5 percent) in the final results of this
review, Commerce will calculate an importer-specific ad valorem
assessment rate based on 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). We will
instruct CBP to assess antidumping duties on all appropriate entries
covered by this review when the importer-specific assessment rate
calculated in the final results of this review is not zero or de
minimis. If Qingshuiyuan's weighted-average dumping margin is zero or
de minimis, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties. In accordance with section
751(a)(2)(C) of the Act, the final results of this review shall be the
basis for the assessment of antidumping duties on entries of
merchandise covered by this review where applicable.
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\8\ See 19 CFR 351.212(b)(1).
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For entries that were not reported in the U.S. sales data submitted
by companies individually examined during this review, Commerce will
instruct CBP to liquidate such entries at the rate for the China-wide
entity.\9\ Additionally, if Commerce determines that an 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 cash deposit rate) will be liquidated at the rate for the
China-wide entity.\10\ We intend to issue instructions to CBP 15 days
after the publication date of the final results of this review.
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\9\ Id.
\10\ Id.
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
finals results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for Qingshuiyuan
will be the rate established in the final results of this review
(except, if the ad valorem rate is de minimis, then the cash deposit
rate will be zero); (2) for previously investigated or reviewed Chinese
and non-Chinese exporters not listed above that have received a
separate rate in a prior segment of this proceeding, the cash deposit
rate will continue to be the existing exporter-specific cash deposit
rate published for the most recently completed period; (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 the rate for
the China-wide entity; and (4) for all non-Chinese exporters of subject
merchandise which have not received their own separate rate, the cash
deposit rate will be the rate applicable to the Chinese exporter that
supplied that non-
[[Page 33238]]
Chinese exporter. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
Commerce intends to disclose the calculations performed for these
preliminary results to the parties within ten days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties are invited to comment on the preliminary results
and may submit case briefs and/or written comments, filed
electronically using ACCESS, within 30 days of the date of publication
of this notice, pursuant to 19 CFR 351.309(c)(1)(ii). Rebuttal briefs,
limited to issues raised in the case briefs, will be due five days
after the due date for case briefs, pursuant to 19 CFR 351.309(d).
Parties who submit case or rebuttal briefs in this review are requested
to submit with each argument a statement of the issue, a summary of the
argument not to exceed five pages, and a table of statutes,
regulations, and cases cited, in accordance with 19 CFR 351.309(c)(2).
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.
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCES. An electronically filed document must be received successfully
in its entirety by 5:00 p.m. Eastern Time (ET) within 30 days after the
date of publication of this notice. Requests should contain: (1) The
party's name, address and telephone number; (2) the number of
participants; and (3) whether any participant is a foreign national;
and (4) a list of issues parties intend to discuss. Issues raised in
the hearing will be limited to those raised in the respective case and
rebuttal briefs.\11\ 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 date and time to be
determined.\12\ Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
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\11\ See 19 CFR 351.310(c).
\12\ See 19 CFR 351.310(d).
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Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act.
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 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.
Notification to Interested Parties
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: July 8, 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. 2019-14863 Filed 7-11-19; 8:45 am]
BILLING CODE 3510-DS-P
