Cast Iron Soil Pipe Fittings From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review 2018-2019, 37832-37834 [2020-13639]
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37832
Federal Register / Vol. 85, No. 122 / Wednesday, June 24, 2020 / Notices
Commerce initiated the third five-year
(sunset) review of the AD order,
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act).2 As
a result of its review, Commerce
determined, pursuant to sections
751(c)(1) and 752(c) of the Act, that
revocation of the AD order on silicon
metal from Russia would likely lead to
a continuation or recurrence of
dumping. Commerce, therefore, notified
the ITC of the magnitude of the margins
likely to prevail should the AD order be
revoked, in accordance with section
752(c)(3) of the Act.3
On June 3, 2020, the ITC determined
that revocation of the AD order would
lead to a continuation or recurrence of
material injury to an industry in the
United States within a reasonably
foreseeable time, pursuant to sections
751(c) and 752(a) of the Act.4
of subject merchandise. The effective
date of the continuation of the order
will be the date of publication in the
Federal Register of this notice of
continuation. Pursuant to section
751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to
initiate the next five-year review of the
order not later than 30 days prior to the
fifth anniversary of the effective date of
continuation.
Scope of the Order
The product covered by this order is
silicon metal, which generally contains
at least 96.00 percent but less than 99.99
percent silicon by weight. The
merchandise covered by this order also
includes silicon metal from Russia
containing between 89.00 and 96.00
percent silicon by weight, but
containing more aluminum than the
silicon metal which contains at least
96.00 percent but less than 99.99
percent silicon by weight. Silicon metal
currently is classifiable under
subheadings 2804.69.10 and 2804.69.50
of the Harmonized Tariff Schedule of
the United States (HTSUS). This order
covers all silicon metal meeting the
above specification, regardless of tariff
classification.
Notification to Interested Parties
Continuation of the AD Order
As a result of the determinations by
Commerce and the ITC that revocation
of the AD order would likely lead to a
continuation or recurrence of dumping
and material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act and 19 CFR
351.218(a), Commerce hereby orders the
continuation of the AD order on silicon
metal from Russia. U.S. Customs and
Border Protection will continue to
collect AD cash deposits at the rates in
effect at the time of entry for all imports
Cast Iron Soil Pipe Fittings From the
People’s Republic of China:
Preliminary Results of the
Antidumping Duty Administrative
Review 2018–2019
order), amended by Silicon Metal from the Russian
Federation; Notice of Amended Final Determination
Pursuant to Court Decision, 71 FR 8277 (February
16, 2006).
2 See Initiation of Five-Year (Sunset) Reviews, 84
FR 25741 (June 4, 2019).
3 See Silicon Metal from the Russian Federation:
Final Results of Expedited Third Sunset Review of
the Antidumping Duty Order, 84 FR 54594 (October
10, 2019).
4 See Silicon Metal from Russia, 85 FR 34237
(June 3, 2020).
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DATES:
Applicable June 24, 2020.
FOR FURTHER INFORMATION CONTACT:
Michael Bowen or Samantha Kinney,
AD/CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0768 or
(202) 482–2285, respectively.
SUPPLEMENTARY INFORMATION:
Administrative Protective Order (APO)
Background
This notice also serves as the only
reminder to parties subject to APO of
their responsibility concerning the
return, destruction, or conversion to
judicial protective order of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Failure to comply is a violation of the
APO which may be subject to sanctions.
On October 7, 2019, Commerce
published a notice of initiation of an
administrative review of the
antidumping duty order on soil pipe
fittings from China.1 This administrative
review covers 11 companies, including
two mandatory respondents: Wor-Biz 2
and Shunshida. We preliminarily
determine that sales of subject
merchandise by Wor-Biz have been
made at prices below NV. Shunshida
did not respond to our questionnaire
and has filed no submissions on the
record of this administrative review. We
therefore consider Shunshida to be part
of the China-wide entity. In addition,
we are preliminarily granting separate
rates to five producers/exporters,
including Wor-Biz.
On April 24, 2020, Commerce tolled
all deadlines in administrative reviews
by 50 days, thereby extending the
deadline for these results until June 22,
2020.3
This five-year (sunset) review and this
notice are in accordance with section
751(c) of the Act and published
pursuant to section 777(i)(1) of the Act
and 19 CFR 351.218(f)(4).
Dated: June 17, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–13641 Filed 6–23–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–062]
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Wor-Biz Industrial Product Co., Ltd.
(Anhui) (Wor-Biz), an exporter of cast
iron soil pipe fittings (soil pipe fittings)
from the People’s Republic of China
(China), sold subject merchandise in the
United States at prices below normal
value (NV) during the period of review
(POR) February 20 2018 through July 31,
2019. We also preliminarily determine
that Qinshui Shunshida Casting Co.,
Ltd. (Shunshida) is not eligible for a
separate rate and is, therefore, part of
the China-wide entity. We invite
interested parties to comment on these
preliminary results.
AGENCY:
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Scope of the Order 4
The products covered by the Order
are soil pipe fittings from China. For a
complete description of the scope of this
administrative review, see the
Preliminary Decision Memorandum.5
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
53411 (October 7, 2019) (Initiation Notice).
2 On January 8, 2020, Commerce determined that
Wor-Biz Industrial Product Co., Ltd. (Anhui) is the
successor-in-interest to Wor-Biz Trading Co., Ltd
(Anhui) and is therefore entitled to that company’s
cash deposit rate with respect to entries of subject
merchandise. See Cast Iron Soil Pipe Fittings from
the People’s Republic of China: Final Results of
Changed Circumstances Review, 85 FR 881 (January
8, 2020).
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April, 24,
2020.
4 See Cast Iron Soil Pipe Fittings from the People’s
Republic of China: Amended Final Determination
of Sales at Less Than Fair Value and Antidumping
Duty Order, 83 FR 44570 (August 31, 2018) (the
Order).
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results in the Antidumping Duty
Administrative Review; Cast Iron Soil Pipe Fittings
from the People’s Republic of China; 2018–2019,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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Federal Register / Vol. 85, No. 122 / Wednesday, June 24, 2020 / Notices
Separate Rates
We preliminarily determine that, in
addition to Wor-Biz, four companies not
individually examined are eligible for
separate rates in this administrative
review: Dalian Lino F.T.Z. Co., Ltd.,
Dalian Metal I/E Co., Ltd., Dinggin
Hardware (Dalian) Co., Ltd., and
Shijiazhuang Asia Casting Co., Ltd.6
Under section 735(c)(5)(A) of the
Tariff Act of 1930, as amended (the Act),
which refers to the establishment of the
all-others rate in market economy lessthan-fair-value investigations, and to
which we look for guidance in
determining the rate for nonindividually examined separate rate
respondents in non-market-economy
(NME) administrative reviews, the allothers rate is normally ‘‘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 {on the basis of facts available
(FA)}.’’ For the preliminary results of
this administrative review, Commerce
has calculated an estimated dumping
margin only for Wor-biz.7 Because the
estimated dumping margin for Wor-biz
is the only available calculated margin
for this POR, we are assigning this rate
to all eligible non-selected respondents
who qualify for a separate rate in this
administrative review.
The China-Wide Entity
Commerce’s policy regarding
conditional review of the China-wide
entity applies to this administrative
review.8 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, the
entity is not under review, and the
entity’s rate is not subject to change.
Commerce considers all companies
for which a review was requested and
which did not demonstrate separate rate
eligibility to be part of the China-wide
entity.9 For the preliminary results of
6 See
Preliminary Decision Memorandum at 5–7.
Memorandum, ‘‘Preliminary Margin
Calculation for Wor-Biz Industrial Product Co., Ltd.
(Anhui),’’ dated concurrently with this notice. See
also Preliminary Decision Memorandum at 13–23.
8 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).
9 See Initiation Notice, 84 FR at 53412 (‘‘All firms
listed below that wish to qualify for separate rate
status in the administrative reviews involving NME
countries must complete, as appropriate, either a
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7 See
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this review, we consider the following
six companies including Shunshida to
be part of the China-wide entity: Golden
Orange International Ltd., Hebei Metals
& Engineering Products Trading Co.,
Ltd., Qinshui Shunshida Casting Co.,
Ltd., Richang Qiaoshan Trade Co., Ltd.,
Shanxi Zhongrui Tianyue Trading Co.,
Ltd., and Yangcheng Country Huawang
Universal. For additional information,
see the Preliminary Decision
Memorandum.
Exporters
Weightedaverage
dumping
margin
(percent)
Wor-Biz Industrial Product Co.,
Ltd (Anhui) ..............................
18.16
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed in connection
with these preliminary results to
Methodology
interested parties within five days of the
date of publication of this notice in
We are conducting this review in
accordance with 19 CFR 351.224(b).
accordance with section 751(a)(1)(B) of
the Act and 19 CFR 351.213. We
Interested parties may submit case
calculated export prices for Wor-Biz in
briefs no later than 30 days after the
accordance with section 772(a) of the
date of publication of these preliminary
Act. Because China is an NME within
results of review.10 Rebuttals to case
the meaning of section 771(18) of the
briefs, limited to issues raised in the
Act, we calculated NV in accordance
case briefs, may be filed no later than
with section 773(c) of the Act.
seven days after the date for filing case
Additionally, as discussed above, we are briefs.11 Note that Commerce has
considering Shunshida to be part of the
modified certain of its requirements for
China-wide entity.
serving documents containing business
For a full description of the
proprietary information, until July 17,
methodology underlying our
2020, unless extended.12 Pursuant to 19
conclusions, see the Preliminary
CFR 351.309(c)(2) and (d)(2), parties
Decision Memorandum. The
who submit case briefs or rebuttal briefs
Preliminary Decision Memorandum is a in this proceeding are encouraged to
public document and is on file
submit with each argument: (1) A
electronically via Enforcement and
statement of the issue; (2) a brief
Compliance’s Antidumping and
summary of the argument; and (3) a
Countervailing Duty Centralized
table of authorities.
Electronic Service System (ACCESS).
All submissions to Commerce must be
ACCESS is available to registered users
filed electronically using Enforcement
at https://access.trade.gov. In addition, a and Compliance’s electronic records
complete version of the Preliminary
system, ACCESS.13 An electronically
Decision Memorandum can be accessed
filed document must be received
at https://enforcement.trade.gov/frn/
successfully in its entirety by ACCESS,
index.html. The signed and the
by 5:00 p.m. Eastern Time on the date
electronic versions of the Preliminary
that the document is due.
Decision Memorandum are identical in
Pursuant to 19 CFR 351.310(c),
content. A list of topics discussed in the
interested parties who wish to request a
Preliminary Decision Memorandum is
included at the Appendix to this notice. hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
Preliminary Results of the
written request to the Assistant
Administrative Review
Secretary for Enforcement and
Compliance, U.S. Department of
We preliminarily determine that the
Commerce, within 30 days after the date
following weighted-average dumping
of publication of this notice. Requests
margins exist for the administrative
review covering the period February 20, should contain the party’s name,
address, and telephone number, the
2018 through July 31, 2019:
number of participants, whether any
Weighted- participant is a foreign national, and a
average
list of the issues to be discussed.
Exporters
dumping
margin
(percent)
10 See
19 CFR 351.309(c).
19 CFR 351.309(d); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19, 85 FR 17006 (March 26, 2020) (‘‘To
provide adequate time for release of case briefs via
ACCESS, E&C intends to schedule the due date for
all rebuttal briefs to be 7 days after case briefs are
filed (while these modifications are in effect).’’).
12 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 29615 (May 18, 2020).
13 See 19 CFR 351.303.
11 See
Dalian Lino F.T.Z. Co., Ltd .........
Dalian Metal I/E Co., Ltd ............
Dinggin Hardware (Dalian) Co.,
Ltd ...........................................
Shijiazhuang Asia Casting Co.,
Ltd ...........................................
18.16
18.16
18.16
18.16
separate rate application or certification, as
described below.’’).
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37834
Federal Register / Vol. 85, No. 122 / Wednesday, June 24, 2020 / Notices
Unless otherwise extended, we intend
to issue the final results of this
administrative review, which will
include the results of our analysis of the
issues raised in the case briefs, within
120 days of publication of these
preliminary results in the Federal
Register, pursuant to 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 will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review, in accordance with 19 CFR
351.212(b). Commerce intends to issue
assessment instructions to CBP 15 days
after the publication of the final results
of this review.
For any individually examined
respondent whose (estimated) ad
valorem weighted-average dumping
margin is not zero or de minimis (i.e.,
less than 0.50 percent) in the final
results of this review, Commerce will
calculate importer-specific assessment
rates on the basis of the ratio of the total
amount of dumping calculated for the
importer’s examined sales and the total
quantity of those sales, in accordance
with 19 CFR 351.212(b)(1).14 Commerce
will also calculate (estimated) ad
valorem importer-specific assessment
rates with which to assess whether the
per-unit importer-specific assessments
rates are de minimis. We will instruct
CBP to assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific ad
valorem assessment rate calculated in
the final results of this review is not
zero or de minimis. Where either the
respondent’s ad valorem weightedaverage dumping margin is zero or de
minimis, or an importer-specific ad
valorem assessment rate is zero or de
minimis,15 we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
For the respondents that were not
selected for individual examination in
this administrative review that qualified
for a separate rate, the assessment rate
will be the separate rate established in
the final results of this administrative
review. If, in the final results, this rate
is zero or de minimis (i.e., less than 0.5
percent), Commerce will instruct CBP to
14 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012), for the assessment rate
calculation method adopted in these preliminary
results.
15 See 19 CFR 351.106(c)(2).
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liquidate the appropriate entries
without regard to antidumping duties.
For entries that were not reported in the
U.S. sales databases submitted by the
individually examined respondent, and
for the six companies that did not
qualify for a separate rate in the
administrative review, Commerce will
instruct CBP to liquidate such entries at
the China-wide rate (i.e., 360.30
percent).
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
review for all shipments of the subject
merchandise from China entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) For the
companies listed above that have a
separate rate, the cash deposit rate will
be that established in the final results;
(2) for previously investigated or
reviewed Chinese and non-Chinese
exporters for which a review was not
requested and that received a separate
rate in a prior segment of this
proceeding, the cash deposit rate will
continue to be the existing exporterspecific rate; (3) for all Chinese
exporters of subject merchandise that
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the rate for the China-wide entity
(i.e., 360.30 percent); and (4) for all nonChinese exporters of subject
merchandise that have not received
their own rate, the cash deposit rate will
be the rate applicable to the Chinese
exporter that supplied that non-Chinese
exporter. 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) to file a certificate regarding
the reimbursement of antidumping and/
or countervailing 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 and/or
countervailing duties occurred and the
subsequent assessment of double
antidumping duties.
We are issuing and publishing the
preliminary results of this review in
accordance with sections 751(a)(l),
751(a)(3), and 777(i)(l) of the Act and 19
CFR 351.213 and 351.221(b)(4).
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Dated: June 18, 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. Period of Review
IV. Scope of the Order
V. Selection of Respondents
VI. Discussion of the Methodology
VII. Recommendation
[FR Doc. 2020–13639 Filed 6–23–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA233]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the Alameda
Marina Shoreline Improvement Project
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of two
incidental harassment authorizations.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA) as
amended, notification is hereby given
that NMFS has issued two incidental
harassment authorizations (IHAs) to
Pacific Shops, Inc. (Pacific Shops) to
incidentally harass, by Level B
harassment only, marine mammals
during construction activities associated
with the Alameda Marina Shoreline
Improvement Project in Alameda, CA.
DATES: These authorizations are
effective from August 1, 2020 to July 31,
2021 for Year 1 activities, and August 1,
2021 to July 31, 2022 for Year 2
activities.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Leah Davis, Office of Protected
Resources, NMFS, (301) 427–8401.
Electronic copies of the application and
supporting documents, as well as a list
of the references cited in this document,
may be obtained online at: https://
www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act. In case
of problems accessing these documents,
please call the contact listed above.
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 85, Number 122 (Wednesday, June 24, 2020)]
[Notices]
[Pages 37832-37834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13639]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-062]
Cast Iron Soil Pipe Fittings From the People's Republic of China:
Preliminary Results of the 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 Wor-Biz Industrial Product Co., Ltd. (Anhui) (Wor-Biz), an
exporter of cast iron soil pipe fittings (soil pipe fittings) from the
People's Republic of China (China), sold subject merchandise in the
United States at prices below normal value (NV) during the period of
review (POR) February 20 2018 through July 31, 2019. We also
preliminarily determine that Qinshui Shunshida Casting Co., Ltd.
(Shunshida) is not eligible for a separate rate and is, therefore, part
of the China-wide entity. We invite interested parties to comment on
these preliminary results.
DATES: Applicable June 24, 2020.
FOR FURTHER INFORMATION CONTACT: Michael Bowen or Samantha Kinney, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-0768 or (202)
482-2285, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 7, 2019, Commerce published a notice of initiation of an
administrative review of the antidumping duty order on soil pipe
fittings from China.\1\ This administrative review covers 11 companies,
including two mandatory respondents: Wor-Biz \2\ and Shunshida. We
preliminarily determine that sales of subject merchandise by Wor-Biz
have been made at prices below NV. Shunshida did not respond to our
questionnaire and has filed no submissions on the record of this
administrative review. We therefore consider Shunshida to be part of
the China-wide entity. In addition, we are preliminarily granting
separate rates to five producers/exporters, including Wor-Biz.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 53411 (October 7, 2019) (Initiation
Notice).
\2\ On January 8, 2020, Commerce determined that Wor-Biz
Industrial Product Co., Ltd. (Anhui) is the successor-in-interest to
Wor-Biz Trading Co., Ltd (Anhui) and is therefore entitled to that
company's cash deposit rate with respect to entries of subject
merchandise. See Cast Iron Soil Pipe Fittings from the People's
Republic of China: Final Results of Changed Circumstances Review, 85
FR 881 (January 8, 2020).
---------------------------------------------------------------------------
On April 24, 2020, Commerce tolled all deadlines in administrative
reviews by 50 days, thereby extending the deadline for these results
until June 22, 2020.\3\
---------------------------------------------------------------------------
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April, 24, 2020.
---------------------------------------------------------------------------
Scope of the Order \4\
---------------------------------------------------------------------------
\4\ See Cast Iron Soil Pipe Fittings from the People's Republic
of China: Amended Final Determination of Sales at Less Than Fair
Value and Antidumping Duty Order, 83 FR 44570 (August 31, 2018) (the
Order).
---------------------------------------------------------------------------
The products covered by the Order are soil pipe fittings from
China. For a complete description of the scope of this administrative
review, see the Preliminary Decision Memorandum.\5\
---------------------------------------------------------------------------
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results in the Antidumping Duty Administrative Review; Cast Iron
Soil Pipe Fittings from the People's Republic of China; 2018-2019,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
[[Page 37833]]
Separate Rates
We preliminarily determine that, in addition to Wor-Biz, four
companies not individually examined are eligible for separate rates in
this administrative review: Dalian Lino F.T.Z. Co., Ltd., Dalian Metal
I/E Co., Ltd., Dinggin Hardware (Dalian) Co., Ltd., and Shijiazhuang
Asia Casting Co., Ltd.\6\
---------------------------------------------------------------------------
\6\ See Preliminary Decision Memorandum at 5-7.
---------------------------------------------------------------------------
Under section 735(c)(5)(A) of the Tariff Act of 1930, as amended
(the Act), which refers to the establishment of the all-others rate in
market economy less-than-fair-value investigations, and to which we
look for guidance in determining the rate for non-individually examined
separate rate respondents in non-market-economy (NME) administrative
reviews, the all-others rate is normally ``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 {on the basis of facts available (FA){time} .'' For the
preliminary results of this administrative review, Commerce has
calculated an estimated dumping margin only for Wor-biz.\7\ Because the
estimated dumping margin for Wor-biz is the only available calculated
margin for this POR, we are assigning this rate to all eligible non-
selected respondents who qualify for a separate rate in this
administrative review.
---------------------------------------------------------------------------
\7\ See Memorandum, ``Preliminary Margin Calculation for Wor-Biz
Industrial Product Co., Ltd. (Anhui),'' dated concurrently with this
notice. See also Preliminary Decision Memorandum at 13-23.
---------------------------------------------------------------------------
The China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\8\ 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, the entity is not
under review, and the entity's rate is not subject to change.
---------------------------------------------------------------------------
\8\ 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).
---------------------------------------------------------------------------
Commerce considers all companies for which a review was requested
and which did not demonstrate separate rate eligibility to be part of
the China-wide entity.\9\ For the preliminary results of this review,
we consider the following six companies including Shunshida to be part
of the China-wide entity: Golden Orange International Ltd., Hebei
Metals & Engineering Products Trading Co., Ltd., Qinshui Shunshida
Casting Co., Ltd., Richang Qiaoshan Trade Co., Ltd., Shanxi Zhongrui
Tianyue Trading Co., Ltd., and Yangcheng Country Huawang Universal. For
additional information, see the Preliminary Decision Memorandum.
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\9\ See Initiation Notice, 84 FR at 53412 (``All firms listed
below that wish to qualify for separate rate status in the
administrative reviews involving NME countries must complete, as
appropriate, either a separate rate application or certification, as
described below.'').
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Methodology
We are conducting this review in accordance with section
751(a)(1)(B) of the Act and 19 CFR 351.213. We calculated export prices
for Wor-Biz in accordance with section 772(a) of the Act. Because China
is an NME within the meaning of section 771(18) of the Act, we
calculated NV in accordance with section 773(c) of the Act.
Additionally, as discussed above, we are considering Shunshida to be
part of the China-wide entity.
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. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed at
https://enforcement.trade.gov/frn/. The signed and the
electronic versions of the Preliminary Decision Memorandum are
identical in content. A list of topics discussed in the Preliminary
Decision Memorandum is included at the Appendix to this notice.
Preliminary Results of the Administrative Review
We preliminarily determine that the following weighted-average
dumping margins exist for the administrative review covering the period
February 20, 2018 through July 31, 2019:
------------------------------------------------------------------------
Weighted-
average
Exporters dumping
margin
(percent)
------------------------------------------------------------------------
Dalian Lino F.T.Z. Co., Ltd................................. 18.16
Dalian Metal I/E Co., Ltd................................... 18.16
Dinggin Hardware (Dalian) Co., Ltd.......................... 18.16
Shijiazhuang Asia Casting Co., Ltd.......................... 18.16
Wor-Biz Industrial Product Co., Ltd (Anhui)................. 18.16
------------------------------------------------------------------------
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 no later than 30 days
after the date of publication of these preliminary results of
review.\10\ Rebuttals to case briefs, limited to issues raised in the
case briefs, may be filed no later than seven days after the date for
filing case briefs.\11\ Note that Commerce has modified certain of its
requirements for serving documents containing business proprietary
information, until July 17, 2020, unless extended.\12\ 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.
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\10\ See 19 CFR 351.309(c).
\11\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006 (March 26,
2020) (``To provide adequate time for release of case briefs via
ACCESS, E&C intends to schedule the due date for all rebuttal briefs
to be 7 days after case briefs are filed (while these modifications
are in effect).'').
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18,
2020).
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All submissions to Commerce must be filed electronically using
Enforcement and Compliance's electronic records system, ACCESS.\13\ An
electronically filed document must be received successfully in its
entirety by ACCESS, by 5:00 p.m. Eastern Time on the date that the
document is due.
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\13\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed.
[[Page 37834]]
Unless otherwise extended, we intend to issue the final results of
this administrative review, which will include the results of our
analysis of the issues raised in the case briefs, within 120 days of
publication of these preliminary results in the Federal Register,
pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Assessment Rates
Upon issuance of the final results, Commerce will determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review, in accordance
with 19 CFR 351.212(b). Commerce intends to issue assessment
instructions to CBP 15 days after the publication of the final results
of this review.
For any individually examined respondent whose (estimated) ad
valorem weighted-average dumping margin is not zero or de minimis
(i.e., less than 0.50 percent) in the final results of this review,
Commerce will calculate importer-specific assessment rates on the basis
of the ratio of the total amount of dumping calculated for the
importer's examined sales and the total quantity of those sales, in
accordance with 19 CFR 351.212(b)(1).\14\ Commerce will also calculate
(estimated) ad valorem importer-specific assessment rates with which to
assess whether the per-unit importer-specific assessments rates are de
minimis. We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review when the importer-specific
ad valorem assessment rate calculated in the final results of this
review is not zero or de minimis. Where either the respondent's ad
valorem weighted-average dumping margin is zero or de minimis, or an
importer-specific ad valorem assessment rate is zero or de minimis,\15\
we will instruct CBP to liquidate the appropriate entries without
regard to antidumping duties.
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\14\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012), for
the assessment rate calculation method adopted in these preliminary
results.
\15\ See 19 CFR 351.106(c)(2).
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For the respondents that were not selected for individual
examination in this administrative review that qualified for a separate
rate, the assessment rate will be the separate rate established in the
final results of this administrative review. If, in the final results,
this rate is zero or de minimis (i.e., less than 0.5 percent), Commerce
will instruct CBP to liquidate the appropriate entries without regard
to antidumping duties. For entries that were not reported in the U.S.
sales databases submitted by the individually examined respondent, and
for the six companies that did not qualify for a separate rate in the
administrative review, Commerce will instruct CBP to liquidate such
entries at the China-wide rate (i.e., 360.30 percent).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for all shipments of
the subject merchandise from China entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For the companies
listed above that have a separate rate, the cash deposit rate will be
that established in the final results; (2) for previously investigated
or reviewed Chinese and non-Chinese exporters for which a review was
not requested and that received a separate rate in a prior segment of
this proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate; (3) for all Chinese exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be the rate for the China-wide entity (i.e.,
360.30 percent); and (4) for all non-Chinese exporters of subject
merchandise that have not received their own rate, the cash deposit
rate will be the rate applicable to the Chinese exporter that supplied
that non-Chinese exporter. 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) to file a certificate
regarding the reimbursement of antidumping and/or countervailing 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 and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties.
We are issuing and publishing the preliminary results of this
review in accordance with sections 751(a)(l), 751(a)(3), and 777(i)(l)
of the Act and 19 CFR 351.213 and 351.221(b)(4).
Dated: June 18, 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. Period of Review
IV. Scope of the Order
V. Selection of Respondents
VI. Discussion of the Methodology
VII. Recommendation
[FR Doc. 2020-13639 Filed 6-23-20; 8:45 am]
BILLING CODE 3510-DS-P
