Citric Acid and Certain Citrate Salts From Canada: Preliminary Results of Antidumping Duty Administrative Review; 2018-2019, 3611-3613 [2020-00954]
Download as PDF
<![CDATA[
Federal Register / Vol. 85, No. 14 / Wednesday, January 22, 2020 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–110; C–570–111]
Vertical Metal File Cabinets From the
People’s Republic of China: Correction
to Antidumping Duty and
Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is correcting the
antidumping (AD) and countervailing
duty (CVD) orders on certain vertical
metal file cabinets (file cabinets) from
the People’s Republic of China (China).
DATES: Applicable January 22, 2020.
FOR FURTHER INFORMATION CONTACT:
Chien-Min Yang, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–5484.
SUPPLEMENTARY INFORMATION: On
December 13, 2019, Commerce
published in the Federal Register the
AD and CVD orders on file cabinets
from China.1 Pursuant to section 703(d)
of the Tariff Act of 1930, as amended
(the Act), suspension of liquidation
instructions issued pursuant to an
affirmative preliminary CVD
determination may not remain in effect
for more than four months. In addition,
pursuant to section 733(d) of the Act,
suspension of liquidation instructions
issued pursuant to an affirmative
preliminary AD determination may not
remain in effect for more than four
months, except where exporters
representing a significant proportion of
exports of the subject merchandise
request Commerce to extend that fourmonth period to no more than six
months. In the Orders, we erroneously
stated that the four-month period,
beginning on the date of publication of
the Preliminary Determinations,2 ended
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
1 See Vertical Metal File Cabinets From the
People’s Republic of China: Antidumping and
Countervailing Duty Orders, 84 FR 68121
(December 13, 2019) (Orders). The period of
investigation for the AD investigation was October
1, 2018 through March 31, 2019. The period of
investigation for the CVD investigation was January
1, 2018 through December 31, 2018.
2 See Vertical Metal File Cabinets from the
People’s Republic of China: Preliminary
Determination of Sales at Less-Than-Fair-Value, 83
FR 37618 (August 1, 2019); see also Vertical Metal
File Cabinets from the People’s Republic of China:
Preliminary Affirmative Countervailing Duty
Determination, 84 FR 37622 (August 1, 2019)
(collectively, Preliminary Determinations).
VerDate Sep<11>2014
16:42 Jan 21, 2020
Jkt 250001
on December 1, 2019.3 However, the last
day of the 120-day period, beginning on
the date of publication of the
Preliminary Determinations, was
November 28, 2019.
Therefore, unliquidated entries of file
cabinets from China entered, or
withdrawn from warehouse, for
consumption on or after August 1, 2019,
the date of publication of the
Preliminary Determinations, are subject
to the assessment of AD and CVD
duties, but such duties will not be
assessed on entries occurring after the
expiration of the provisional measures
period at midnight on the last day,
November 28, 2019, and before
publication of the ITC’s final affirmative
injury determination. No other changes
have been made to the Orders.
These corrected orders are published
in accordance with sections 706(a) and
736(a) of the Act and 19 CFR 351.211(b).
Dated: January 14, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–00953 Filed 1–21–20; 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; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Jungbunzlauer Canada, Inc. (JBL
Canada), a producer/exporter of citric
acid and certain citrate salts (citric acid)
from Canada, did not sell subject
merchandise at prices below normal
value during the period of review (POR)
May 1, 2018 through April 30, 2019. We
invite interested parties to comment on
these preliminary results.
DATES: Applicable January 22, 2020.
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:
AGENCY:
3 See
PO 00000
Orders, 84 FR at 68121–22.
Frm 00008
Fmt 4703
Sfmt 4703
3611
Background
On July 15, 2019, 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
Scope of the Order
The merchandise covered by the
Order 2 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. For
a full description of the scope of the
Order, see the Preliminary Decision
Memorandum.3
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 and electronic versions 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.
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
33739 (July 15, 2019).
2 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).
3 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review: Citric Acid and Certain
Citrate Salts from Canada; 2018–2019,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
E:\FR\FM\22JAN1.SGM
22JAN1
3612
Federal Register / Vol. 85, No. 14 / Wednesday, January 22, 2020 / Notices
Preliminary Results of the Review
As a result of this review, Commerce
preliminarily determines that the
following weighted-average dumping
margin exists for the period May 1, 2018
through April 30, 2019:
Producer/exporter
Weightedaverage
dumping
margin
(percent)
Jungbunzlauer Canada, Inc .......
0.00
khammond on DSKJM1Z7X2PROD with NOTICES
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.4 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.5 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.6
All submissions to Commerce must be
filed electronically using ACCESS, and
must also be served on interested
parties.7 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.8 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
4 See
19 CFR 351.309(c)(1)(ii).
19 CFR 351.309(d).
6 See 19 CFR 351.303.
7 See 19 CFR 351.303(f).
8 See 19 CFR 351.310(c).
5 See
VerDate Sep<11>2014
16:42 Jan 21, 2020
Jkt 250001
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)(3)(A) 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.9
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.10
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
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.11
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.12
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 cash deposit
requirements will be effective upon
publication of the notice of final results
9 See
section 751(a)(3)(A) of the Act; and 19 CFR
351.213(h).
10 See 19 CFR 351.212(b)(1).
11 See 19 CFR 351.106(c)(2).
12 For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
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,
then 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.13 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
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.
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: January 15, 2020.
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
13 See
E:\FR\FM\22JAN1.SGM
Order, 74 FR at 25704.
22JAN1
Federal Register / Vol. 85, No. 14 / Wednesday, January 22, 2020 / Notices
V. Recommendation
[FR Doc. 2020–00954 Filed 1–21–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–201–846]
Sugar From Mexico: Amendment to the
Agreement Suspending the
Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable January 15, 2020.
SUMMARY: The Department of Commerce
(Commerce) and a representative of the
Government of Mexico (GOM) have
signed an amendment to the Agreement
Suspending the Countervailing Duty
Investigation on Sugar from Mexico
(CVD Agreement). The amendment to
the CVD Agreement modifies the
definitions for sugar from Mexico,
modifies the restrictions of the volume
of direct or indirect exports to the
United States of sugar from all Mexican
producers/exporters, and provides for
enhanced monitoring and enforcement
mechanisms.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Sally C. Gannon or David Cordell at
(202) 482–0162 or (202) 482–0408,
respectively; Bilateral Agreements Unit,
Office of Policy, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with NOTICES
Background
On April 17, 2014, Commerce
initiated a countervailing duty
investigation under section 702 of the
Tariff Act of 1930, as amended (the Act),
to determine whether manufacturers,
producers, or exporters of sugar from
Mexico receive subsidies.1 On August
25, 2014, Commerce preliminarily
determined that countervailable
subsidies are being provided to
producers and exporters of sugar from
Mexico and aligned the final
countervailing duty determination with
the final antidumping duty
determination.2
1 See Sugar from Mexico: Initiation of
Countervailing Duty Investigation, 79 FR 22790
(April 24, 2014).
2 See Sugar from Mexico: Preliminary Affirmative
Countervailing Determination and Alignment of
Final Countervailing Determination with Final
Antidumping Duty Determination, 79 FR 51956
(September 2, 2014).
VerDate Sep<11>2014
16:42 Jan 21, 2020
Jkt 250001
Commerce and the GOM signed the
CVD Agreement on December 19, 2014.3
On January 8, 2015, Imperial Sugar
Company (Imperial) and AmCane Sugar
LLC (AmCane) each notified Commerce
that they had petitioned the
International Trade Commission (ITC) to
conduct a review of the CVD Agreement
under section 704(h) of the Act to
determine whether the injurious effects
of the imports of the subject
merchandise are eliminated completely
by the CVD Agreement. On March 24,
2015, in a unanimous vote, the ITC
found that the CVD Agreement
eliminated completely the injurious
effects of imports of sugar from Mexico.4
As a result of the ITC’s determination,
the CVD Agreement remained in effect,
and on March 27, 2015, Commerce, in
accordance with section 704(h)(3) of the
Act, instructed U.S. Customs and Border
Protection (CBP) to terminate the
suspension of liquidation of all entries
of sugar from Mexico and refund all
cash deposits.
Notwithstanding issuance of the CVD
Agreement, pursuant to requests by
domestic interested parties, Commerce
continued its investigation and made an
affirmative final determination that
countervailable subsidies were being
provided to exporters and producers of
sugar from Mexico.5 In its Final
Determination, Commerce calculated
countervailable subsidy rates of 43.93
percent for Fondo de Empresas
Expropiadas del Sector Azucarero
(FEESA), 5.78 percent for Ingenio Tala
S.A. de C.V. and certain affiliated sugar
mills of Grupo Azucarero Mexico S.A.
de C.V. (collectively, the GAM Group),
and 38.11 percent for producers and
exporters that were not individually
investigated. Commerce stated in its
Final Determination that it would ‘‘not
instruct CBP to suspend liquidation or
collect cash deposits calculated herein
unless the {CVD} Suspension
Agreement is terminated.’’ 6 The ITC
subsequently made an affirmative
determination of material injury to an
industry in the United States by reason
of imports of sugar from Mexico.7
In June 2016, Commerce and GOM
began consultations regarding the CVD
3 See Sugar From Mexico: Suspension of
Countervailing Investigation, 79 FR 78044
(December 29, 2014) (CVD Agreement).
4 See Sugar from Mexico: Determinations, 80 FR
16426 (March 27, 2015).
5 See Sugar From Mexico: Continuation of
Antidumping and Countervailing Duty
Investigations, 80 FR 25278 (May 4, 2015); Sugar
From Mexico: Final Affirmative Countervailing Duty
Determination, 80 FR 57337 (September 23, 2015)
(Final Determination).
6 Final Determination, 80 FR at 57338.
7 See Sugar From Mexico, 80 FR 70833
(November 16, 2015) (Final ITC Determination).
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
3613
Agreement to address concerns raised
by the domestic industry and to ensure
that the CVD Agreement continued to
meet all of the statutory requirements
for a suspension agreement, e.g., that
suspension of the investigation is in the
public interest, including the
availability of supplies of sugar in the
U.S. market, and that effective
monitoring is practicable. The
consultations resulted in Commerce and
the GOM initialing a draft amendment
to the CVD Agreement on June 14, 2017,
and subsequently signing a finalized
amendment on June 30, 2017.8
CSC Sugar LLC (CSC Sugar)
challenged Commerce’s determination
to amend the CVD Agreement by
contending that Commerce did not meet
its obligation to file a complete
administrative record.9 Specifically,
CSC Sugar argued that Commerce failed
to memorialize and include in the
record ex parte communications
between Commerce officials and
interested parties (including the
domestic sugar industry and
representatives of Mexico), as required
by section 777(a)(3) of the Act.10 The
CIT agreed with CSC Sugar and ordered
Commerce to supplement the
administrative record with any ex parte
communications regarding the 2017
CVD Amendment.11
Ultimately, the CIT found that
Commerce’s failure to follow the
recordkeeping requirements of Section
777 of the Act cannot be described as
‘‘harmless.’’ 12 The CIT found that this
recordkeeping failure substantially
prejudiced CSC Sugar.13 On that basis,
the CIT stated that the 2017 CVD
Amendment must be vacated.14
Consistent with CIT’s ruling in CSC
Sugar II, on December 6, 2019,
Commerce terminated the 2017 CVD
Amendment prospectively—and
accordingly, as of December 7, 2019, the
unamended CVD Agreement has been in
force and effective, and the 2017 CVD
Amendment has had no force or effect.15
8 See Sugar From Mexico: Amendment to the
Agreement Suspending the Countervailing Duty
Investigation, 82 FR 31942 (July 11, 2017) (2017
CVD Amendment).
9 See CSC Sugar LLC v. United States, Ct. No. 17–
00214, Slip Op. 19–131 (CIT October 18, 2019) (CSC
Sugar II) at 4.
10 Id.
11 Id. (citing CSC Sugar LLC v. United States, 317
F. Supp. 3d 1322, 1326 (CIT 2018)).
12 Id. at 11–12.
13 Id. at 12.
14 See Sugar From Mexico: Notice of Court
Decision Regarding Amendment to the Agreement
Suspending the Countervailing Duty Investigation,
84 FR 58136 (October 30, 2019).
15 See Sugar From Mexico: Notice of Termination
of Amendment to the Agreement Suspending the
E:\FR\FM\22JAN1.SGM
Continued
22JAN1
]]>Agencies
[Federal Register Volume 85, Number 14 (Wednesday, January 22, 2020)]
[Notices]
[Pages 3611-3613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00954]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-853]
Citric Acid and Certain Citrate Salts From Canada: Preliminary
Results of Antidumping Duty Administrative Review; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Jungbunzlauer Canada, Inc. (JBL Canada), a producer/exporter of
citric acid and certain citrate salts (citric acid) from Canada, did
not sell subject merchandise at prices below normal value during the
period of review (POR) May 1, 2018 through April 30, 2019. We invite
interested parties to comment on these preliminary results.
DATES: Applicable January 22, 2020.
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 15, 2019, 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\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 33739 (July 15, 2019).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order \2\ 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. For a full description of the scope of the Order, see
the Preliminary Decision Memorandum.\3\
---------------------------------------------------------------------------
\2\ 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).
\3\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Citric Acid and
Certain Citrate Salts from Canada; 2018-2019,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
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
and electronic versions 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.
[[Page 3612]]
Preliminary Results of the Review
As a result of this review, Commerce preliminarily determines that
the following weighted-average dumping margin exists for the period May
1, 2018 through April 30, 2019:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Jungbunzlauer Canada, Inc.................................. 0.00
------------------------------------------------------------------------
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.\4\ 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.\5\ 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.\6\
---------------------------------------------------------------------------
\4\ See 19 CFR 351.309(c)(1)(ii).
\5\ See 19 CFR 351.309(d).
\6\ See 19 CFR 351.303.
---------------------------------------------------------------------------
All submissions to Commerce must be filed electronically using
ACCESS, and must also be served on interested parties.\7\ 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.
---------------------------------------------------------------------------
\7\ See 19 CFR 351.303(f).
---------------------------------------------------------------------------
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.\8\ 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.
---------------------------------------------------------------------------
\8\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Unless the deadline is extended pursuant to section 751(a)(3)(A) 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.\9\
---------------------------------------------------------------------------
\9\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
---------------------------------------------------------------------------
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.\10\
---------------------------------------------------------------------------
\10\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
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.\11\
---------------------------------------------------------------------------
\11\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
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.\12\
---------------------------------------------------------------------------
\12\ For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
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 cash 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,
then 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.\13\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
---------------------------------------------------------------------------
\13\ See Order, 74 FR at 25704.
---------------------------------------------------------------------------
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.
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: January 15, 2020.
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
[[Page 3613]]
V. Recommendation
[FR Doc. 2020-00954 Filed 1-21-20; 8:45 am]
BILLING CODE 3510-DS-P
