80_FR_18881 80 FR 18814 - Glycine From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Intent To Rescind, in Part; 2013-2014

80 FR 18814 - Glycine From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Intent To Rescind, in Part; 2013-2014

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 67 (April 8, 2015)

Page Range18814-18816
FR Document2015-07952

The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on glycine from the People's Republic of China (the PRC) covering the period of review (POR) from March 1, 2013, through February 28, 2014. The administrative review covers two mandatory respondents, Baoding Mantong Fine Chemistry Co. Ltd. (Baoding Mantong) and Evonik Rexim (Nanning) Pharmaceutical Co., Ltd. (Evonik). The Department preliminarily finds that Baoding Mantong sold subject merchandise in the United States at prices below the normal value (NV) during the POR. The Department preliminarily determines that Evonik's sales to the United States were not bona fide and is preliminarily rescinding the review with respect to Evonik. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 80 Issue 67 (Wednesday, April 8, 2015)
[Federal Register Volume 80, Number 67 (Wednesday, April 8, 2015)]
[Notices]
[Pages 18814-18816]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07952]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-836]


Glycine From the People's Republic of China: Preliminary Results 
of Antidumping Duty Administrative Review and Preliminary Intent To 
Rescind, in Part; 2013-2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on glycine from the 
People's Republic of China (the PRC) covering the period of review 
(POR) from March 1, 2013, through February 28, 2014. The administrative 
review covers two mandatory respondents, Baoding Mantong Fine Chemistry 
Co. Ltd. (Baoding Mantong) and Evonik Rexim (Nanning) Pharmaceutical 
Co., Ltd. (Evonik). The Department preliminarily finds that Baoding 
Mantong sold subject merchandise in the United States at prices below 
the normal value (NV) during the POR. The Department preliminarily 
determines that Evonik's sales to the United States were not bona fide 
and is preliminarily rescinding the review with respect to Evonik. 
Interested parties are invited to comment on these preliminary results.

DATES: Effective Date: April 8, 2015.

FOR FURTHER INFORMATION CONTACT: Dena Crossland or Ericka Ukrow, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3362 or (202) 482-0405, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On April 30, 2014, the Department initiated an administrative 
review of the antidumping duty Order \1\ on glycine from the PRC.\2\
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    \1\ See Antidumping Duty Order: Glycine from the People's 
Republic of China, 60 FR 16116 (March 29, 1995) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 79 FR 
24398 (April 30, 2014).
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Scope of the Order

    The product covered by the antidumping duty order is glycine, which 
is a free-flowing crystalline material, like salt or sugar.\3\ The 
subject merchandise is currently classifiable under the Harmonized 
Tariff Schedule of the United States (HTSUS) subheading 2922.49.4020. 
The HTSUS subheading is provided for convenience and customs purposes 
only; the written product description of the scope of the order is 
dispositive.\4\
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    \3\ See ``Decision Memorandum for the Preliminary Results of 
Antidumping Duty Administrative Review: Glycine from the People's 
Republic of China; 2013-2014'' from Gary Taverman, Associate Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, dated concurrently with this notice (Preliminary 
Decision Memorandum), for a complete description of the scope of the 
order.
    \4\ See Order.
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a 
full description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum. The list of topics discussed in the 
Preliminary Decision Memorandum is provided as an Appendix to the 
notice. This 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 http://access.trade.gov and 
in the Central Records Unit, room 7046 of the main Department of 
Commerce building. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly on the Internet at http://www.trade.gov/enforcement/. The signed Preliminary Decision Memorandum 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Bona Fides Analysis

    As discussed in Evonik's Bona Fide Memorandum, the Department 
preliminarily finds that the sales by Evonik are not bona fide, and 
that these sales, and absence of factors-of-production (FOP) data, do 
not provide a reasonable or reliable basis for calculating a dumping 
margin.\5\ The Department reached this conclusion based on the totality 
of circumstances, namely: (a) The atypical nature of Evonik's price; 
and (b) the atypical circumstances surrounding its supplier's inability 
to provide FOP data. Because these non-bona fide sales were the only 
sales of subject merchandise that Evonik made during the POR, the 
Department is preliminarily rescinding its review of Evonik.
---------------------------------------------------------------------------

    \5\ See Memorandum to Abdelali Elouaradia, Acting Director, 
Office VI, Antidumping and Countervailing Duty Operations, through 
Angelica Townshend, Program Manager, Office VI, Antidumping and 
Countervailing Duty Operations, from Ericka Ukrow, International 
Trade Compliance Analyst, Office VI, titled ``Antidumping Duty 
Administrative Review of Glycine from the People's Republic of 
China; 2013-2014: Bona Fide Nature of Evonik Rexim (Nanning) 
Pharmaceutical Co., Ltd.'s Sales,'' dated concurrently and hereby 
adopted by this notice (Evonik's Bona Fide Memorandum).
---------------------------------------------------------------------------

Preliminary Results of Review

    The Department has preliminarily determined that the following 
dumping margin exists for the period March 1, 2013, through February 
28, 2014:

------------------------------------------------------------------------
                                                               Dumping
                          Exporter                              margin
                                                              (percent)
------------------------------------------------------------------------
Baoding Mantong Fine Chemistry Co. Ltd.....................      784.48
------------------------------------------------------------------------


[[Page 18815]]

Disclosure and Public Comment

    The Department intends to disclose calculations performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Interested parties may submit case briefs no later than 30 days after 
the date of publication of these preliminary results of review.\6\ 
Rebuttal briefs, which must be limited to issues raised in the case 
briefs, must be filed within five days after the time limit for filing 
case briefs.\7\ A table of contents, list of authorities used, and an 
executive summary of issues should accompany any briefs submitted to 
the Department. This summary should be limited to five pages total, 
including footnotes.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.309(c)(1)(ii).
    \7\ See 19 CFR 351.309(d)(1)-(2).
---------------------------------------------------------------------------

    Any interested party may request a hearing within 30 days of the 
publication of this notice.\8\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral argument presentations will be limited to issues 
raised in the briefs. If a request for a hearing is made, parties will 
be notified of the date and time for the hearing to be held at the U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW, 
Washington, DC 20230.\9\
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    \8\ See 19 CFR 351.310(c).
    \9\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    The Department intends to issue the final results of this 
administrative review, which will include the results of our analysis 
of all issues raised in the briefs, within 120 days after the 
publication of these preliminary results in the Federal Register, 
pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results of this review, the Department 
will determine, and U.S. Customs and Border Protection (CBP) shall 
assess, antidumping duties on all appropriate entries covered by this 
review.\10\ The Department intends to issue assessment instructions to 
CBP 15 days after the publication date of the final results of this 
review. If we proceed to a final rescission of this administrative 
review, with respect to Evonik, then its entries will be assessed at 
the rate entered.\11\ For each individually examined respondent in this 
review whose weighted-average dumping margin in the final results of 
review is above de minimis (i.e., greater than or equal to 0.5 
percent), the Department intends to calculate importer- (or customer)-
specific assessment rates, in accordance with 19 CFR 351.212(b)(1).\12\ 
Where the respondent reported reliable entered values, the Department 
intends to calculate importer- (or customer-) specific ad valorem rates 
by aggregating the dumping margins calculated for all U.S. sales to the 
importer (or customer) and dividing this amount by the total entered 
value of the sales to the importer (or customer).\13\ Where the 
Department calculates an importer- (or customer-) specific weighted-
average dumping margin by dividing the total amount of dumping for 
reviewed sales to the importer (or customer) by the total sales 
quantity associated with those transactions, the Department will direct 
CBP to assess importer- (or customer-)specific assessment rates based 
on the resulting per-unit rates.\14\ Where an importer- (or customer-) 
specific ad valorem or per-unit rate is greater than de minimis, the 
Department will instruct CBP to collect the appropriate duties at the 
time of liquidation. Where either the respondent's weighted average 
dumping margin is zero or de minimis, or an importer- (or customer-) 
specific ad valorem or per-unit rate is zero or de minimis, the 
Department will instruct CBP to liquidate appropriate entries without 
regard to antidumping duties.\15\
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    \10\ See 19 CFR 351.212(b)(1).
    \11\ See 19 CFR 351.212(c)(2).
    \12\ 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) 
(Final Modification).
    \13\ See 19 CFR 351.212(b)(1).
    \14\ Id.
    \15\ See Final Modification at 8103.
---------------------------------------------------------------------------

    On October 24, 2011, the Department announced a refinement to its 
assessment practice in non-market economy antidumping duty cases.\16\ 
Pursuant to this refinement in practice, for entries that were not 
reported in the U.S. sales database submitted by an exporter 
individually examined during this review, the Department will instruct 
CBP to liquidate such entries at the PRC-wide rate. Additionally, 
pursuant to this refinement, if the Department 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 rate) will be liquidated at the PRC-wide rate.
---------------------------------------------------------------------------

    \16\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full 
discussion of this practice.
---------------------------------------------------------------------------

    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 the final 
results of this review and for future deposits of estimated duties, 
where applicable.

Cash Deposit Requirements

    The following cash deposit requirements, when imposed, will apply 
to all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication of the final 
results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) For the companies listed above that have a 
separate rate, the cash deposit rate will be that rate established in 
the final results of this administrative review (except, if the rate is 
zero or de minimis, then a zero cash deposit will be required); (2) for 
any previously reviewed or investigated PRC and non-PRC exporter not 
listed above that received a separate rate in a previous segment of 
this proceeding, the cash deposit rate will continue to be the existing 
exporter-specific rate published for the most recently completed 
period; (3) for all PRC exporters that have not been found to be 
entitled to a separate rate, the cash deposit rate will be that for the 
PRC-wide entity (i.e., 453.79 percent); 17 18 and (4) for 
all non-PRC exporters of subject merchandise which have not received 
their own rate, the cash deposit rate will be the rate applicable to 
the PRC exporter that supplied the non-PRC exporter. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
---------------------------------------------------------------------------

    \17\ See Glycine From the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review; 2011-2012, 78 FR 
20891 (April 8, 2013).
    \18\ The Department's change in policy regarding conditional 
review of the PRC-wide entity applies to this administrative review. 
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). Under 
this policy, the PRC-wide entity will not be under review unless a 
party specifically requests, or the Department self-initiates, a 
review of the entity. Because no party requested a review of the 
PRC-wide entity in this review, the entity is not under review and 
the entity's rate is not subject to change.
---------------------------------------------------------------------------

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

[[Page 18816]]

review period. Failure to comply with this requirement could result in 
the Department's presumption that reimbursement of antidumping duties 
occurred and the subsequent assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: March 31, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
5. Bona Fides Inquiry
6. Non-Market Economy Country Status
7. Separate Rates Determination
    A. Absence of De Jure Control
    B. Absence of De Facto Control
8. The PRC-Wide Entity
9. Surrogate Country
    A. Economic Comparability
    B. Significant Producer of Comparable Merchandise
    C. Data Availability
10. Date of Sale
11. Fair Value Comparisons
    A. Export Price
    B. Value-Added Tax
    C. Normal Value
12. Factor Valuation Methodology
    A. ME Prices
    B. Surrogate Values
13. Comparisons to Normal Value
    A. Determination of Comparison Method
    B. Results of the Differential Pricing Analysis
14. Currency Conversion
15. Recommendation

[FR Doc. 2015-07952 Filed 4-7-15; 8:45 am]
 BILLING CODE 3510-DS-P



                                                    18814                         Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices

                                                    last day of the most recently completed                 review covers two mandatory                           description of the methodology
                                                    administrative review under the order.6                 respondents, Baoding Mantong Fine                     underlying our conclusions, see the
                                                                                                            Chemistry Co. Ltd. (Baoding Mantong)                  Preliminary Decision Memorandum.
                                                    Instructions to U.S. Customs and
                                                                                                            and Evonik Rexim (Nanning)                            The list of topics discussed in the
                                                    Border Protection
                                                                                                            Pharmaceutical Co., Ltd. (Evonik). The                Preliminary Decision Memorandum is
                                                      As we stated in our Initiation and                    Department preliminarily finds that                   provided as an Appendix to the notice.
                                                    Preliminary Results, we will instruct                   Baoding Mantong sold subject                          This memorandum is a public
                                                    U.S. Customs and Border Protection to                   merchandise in the United States at                   document and is on file electronically
                                                    end the suspension of liquidation for                   prices below the normal value (NV)                    via Enforcement and Compliance’s
                                                    the merchandise covered by the                          during the POR. The Department                        Antidumping and Countervailing Duty
                                                    revocation on the effective date of this                preliminarily determines that Evonik’s                Centralized Electronic Service System
                                                    notice of revocation, in part, and to                   sales to the United States were not bona              (ACCESS). ACCESS is available to
                                                    release any cash deposit or bond,                       fide and is preliminarily rescinding the              registered users at http://
                                                    pursuant to 19 CFR 351.222(g)(4).                       review with respect to Evonik.                        access.trade.gov and in the Central
                                                                                                            Interested parties are invited to                     Records Unit, room 7046 of the main
                                                    Notification
                                                                                                            comment on these preliminary results.                 Department of Commerce building. In
                                                      This notice serves as a reminder to                   DATES: Effective Date: April 8, 2015.                 addition, a complete version of the
                                                    parties subject to administrative                       FOR FURTHER INFORMATION CONTACT:                      Preliminary Decision Memorandum can
                                                    protective order (APO) of their                         Dena Crossland or Ericka Ukrow, AD/                   be accessed directly on the Internet at
                                                    responsibility concerning the                           CVD Operations, Office VI, Enforcement                http://www.trade.gov/enforcement/. The
                                                    disposition of proprietary information                  and Compliance, International Trade                   signed Preliminary Decision
                                                    disclosed under APO in accordance                       Administration, U.S. Department of                    Memorandum and the electronic
                                                    with 19 CFR 351.306. Timely written                     Commerce, 14th Street and Constitution                versions of the Preliminary Decision
                                                    notification of the return/destruction of               Avenue NW., Washington, DC 20230;                     Memorandum are identical in content.
                                                    APO materials or conversion to judicial                 telephone: (202) 482–3362 or (202) 482–
                                                    protective order is hereby requested.                                                                         Bona Fides Analysis
                                                                                                            0405, respectively.
                                                    Failure to comply with the regulations                  SUPPLEMENTARY INFORMATION:                               As discussed in Evonik’s Bona Fide
                                                    and terms of an APO is a sanctionable                                                                         Memorandum, the Department
                                                    violation.                                              Background                                            preliminarily finds that the sales by
                                                      This notice is published in                             On April 30, 2014, the Department                   Evonik are not bona fide, and that these
                                                    accordance with sections 751(b)(1) and                  initiated an administrative review of the             sales, and absence of factors-of-
                                                    777(i)(1) of the Act and 19 CFR                         antidumping duty Order 1 on glycine                   production (FOP) data, do not provide
                                                    351.216(e), 351.221(b)(5), and                          from the PRC.2                                        a reasonable or reliable basis for
                                                    351.222(g).                                                                                                   calculating a dumping margin.5 The
                                                                                                            Scope of the Order
                                                      Dated: April 2, 2015.                                                                                       Department reached this conclusion
                                                                                                              The product covered by the                          based on the totality of circumstances,
                                                    Paul Piquado
                                                                                                            antidumping duty order is glycine,                    namely: (a) The atypical nature of
                                                    Assistant Secretary for Enforcement and                 which is a free-flowing crystalline
                                                    Compliance.                                                                                                   Evonik’s price; and (b) the atypical
                                                                                                            material, like salt or sugar.3 The subject            circumstances surrounding its
                                                    [FR Doc. 2015–08112 Filed 4–7–15; 8:45 am]
                                                                                                            merchandise is currently classifiable                 supplier’s inability to provide FOP data.
                                                    BILLING CODE 3510–DS–P                                  under the Harmonized Tariff Schedule                  Because these non-bona fide sales were
                                                                                                            of the United States (HTSUS)                          the only sales of subject merchandise
                                                                                                            subheading 2922.49.4020. The HTSUS                    that Evonik made during the POR, the
                                                    DEPARTMENT OF COMMERCE                                  subheading is provided for convenience                Department is preliminarily rescinding
                                                    International Trade Administration                      and customs purposes only; the written                its review of Evonik.
                                                                                                            product description of the scope of the
                                                    [A–570–836]                                             order is dispositive.4                                Preliminary Results of Review
                                                                                                            Methodology                                             The Department has preliminarily
                                                    Glycine From the People’s Republic of
                                                                                                                                                                  determined that the following dumping
                                                    China: Preliminary Results of                             The Department is conducting this                   margin exists for the period March 1,
                                                    Antidumping Duty Administrative                         review in accordance with section                     2013, through February 28, 2014:
                                                    Review and Preliminary Intent To                        751(a)(1)(B) of the Tariff Act of 1930, as
                                                    Rescind, in Part; 2013–2014                             amended (the Act). For a full                                                                          Dumping
                                                                                                                                                                                   Exporter                         margin
                                                    AGENCY:  Enforcement and Compliance,                      1 See Antidumping Duty Order: Glycine from the                                                       (percent)
                                                    International Trade Administration,                     People’s Republic of China, 60 FR 16116 (March 29,
                                                    Department of Commerce.                                 1995) (Order).                                         Baoding Mantong Fine Chem-
                                                    SUMMARY: The Department of Commerce                       2 See Initiation of Antidumping and
                                                                                                                                                                     istry Co. Ltd .............................    784.48
                                                    (the Department) is conducting an                       Countervailing Duty Administrative Reviews and
                                                                                                            Request for Revocation in Part, 79 FR 24398 (April
                                                    administrative review of the                            30, 2014).                                               5 See Memorandum to Abdelali Elouaradia,
                                                    antidumping duty order on glycine from                    3 See ‘‘Decision Memorandum for the Preliminary
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                                                                                  Acting Director, Office VI, Antidumping and
                                                    the People’s Republic of China (the                     Results of Antidumping Duty Administrative            Countervailing Duty Operations, through Angelica
                                                    PRC) covering the period of review                      Review: Glycine from the People’s Republic of         Townshend, Program Manager, Office VI,
                                                                                                            China; 2013–2014’’ from Gary Taverman, Associate      Antidumping and Countervailing Duty Operations,
                                                    (POR) from March 1, 2013, through                       Deputy Assistant Secretary for Antidumping and        from Ericka Ukrow, International Trade Compliance
                                                    February 28, 2014. The administrative                   Countervailing Duty Operations, to Paul Piquado,      Analyst, Office VI, titled ‘‘Antidumping Duty
                                                                                                            Assistant Secretary for Enforcement and               Administrative Review of Glycine from the People’s
                                                      6 See Hand Trucks and Certain Parts Thereof           Compliance, dated concurrently with this notice       Republic of China; 2013–2014: Bona Fide Nature of
                                                    From the People’s Republic of China: Final Results      (Preliminary Decision Memorandum), for a              Evonik Rexim (Nanning) Pharmaceutical Co., Ltd.’s
                                                    of Antidumping Duty Administrative Review; 2011–        complete description of the scope of the order.       Sales,’’ dated concurrently and hereby adopted by
                                                    2012, 79 FR 44008 (July 29, 2014).                        4 See Order.                                        this notice (Evonik’s Bona Fide Memorandum).



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                                                                                  Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices                                                   18815

                                                    Disclosure and Public Comment                           minimis (i.e., greater than or equal to 0.5           of this review shall be the basis for the
                                                       The Department intends to disclose                   percent), the Department intends to                   assessment of antidumping duties on
                                                    calculations performed for these                        calculate importer- (or customer)-                    entries of merchandise covered by the
                                                    preliminary results to the parties within               specific assessment rates, in accordance              final results of this review and for future
                                                    five days of the date of publication of                 with 19 CFR 351.212(b)(1).12 Where the                deposits of estimated duties, where
                                                    this notice in accordance with 19 CFR                   respondent reported reliable entered                  applicable.
                                                    351.224(b). Interested parties may                      values, the Department intends to
                                                                                                            calculate importer- (or customer-)                    Cash Deposit Requirements
                                                    submit case briefs no later than 30 days
                                                    after the date of publication of these                  specific ad valorem rates by aggregating                The following cash deposit
                                                    preliminary results of review.6 Rebuttal                the dumping margins calculated for all                requirements, when imposed, will apply
                                                    briefs, which must be limited to issues                 U.S. sales to the importer (or customer)              to all shipments of subject merchandise
                                                    raised in the case briefs, must be filed                and dividing this amount by the total                 entered, or withdrawn from warehouse,
                                                    within five days after the time limit for               entered value of the sales to the                     for consumption on or after the
                                                    filing case briefs.7 A table of contents,               importer (or customer).13 Where the                   publication of the final results of this
                                                    list of authorities used, and an executive              Department calculates an importer- (or                administrative review, as provided by
                                                    summary of issues should accompany                      customer-) specific weighted-average                  section 751(a)(2)(C) of the Act: (1) For
                                                    any briefs submitted to the Department.                 dumping margin by dividing the total                  the companies listed above that have a
                                                    This summary should be limited to five                  amount of dumping for reviewed sales                  separate rate, the cash deposit rate will
                                                    pages total, including footnotes.                       to the importer (or customer) by the                  be that rate established in the final
                                                       Any interested party may request a                   total sales quantity associated with                  results of this administrative review
                                                    hearing within 30 days of the                           those transactions, the Department will               (except, if the rate is zero or de minimis,
                                                    publication of this notice.8 Hearing                    direct CBP to assess importer- (or                    then a zero cash deposit will be
                                                    requests should contain the following                   customer-)specific assessment rates                   required); (2) for any previously
                                                    information: (1) The party’s name,                      based on the resulting per-unit rates.14              reviewed or investigated PRC and non-
                                                    address, and telephone number; (2) the                  Where an importer- (or customer-)                     PRC exporter not listed above that
                                                    number of participants; and (3) a list of               specific ad valorem or per-unit rate is               received a separate rate in a previous
                                                    the issues to be discussed. Oral                        greater than de minimis, the Department               segment of this proceeding, the cash
                                                    argument presentations will be limited                  will instruct CBP to collect the                      deposit rate will continue to be the
                                                    to issues raised in the briefs. If a request            appropriate duties at the time of                     existing exporter-specific rate published
                                                    for a hearing is made, parties will be                  liquidation. Where either the                         for the most recently completed period;
                                                    notified of the date and time for the                   respondent’s weighted average dumping                 (3) for all PRC exporters that have not
                                                    hearing to be held at the U.S.                          margin is zero or de minimis, or an                   been found to be entitled to a separate
                                                    Department of Commerce, 14th Street                     importer- (or customer-) specific ad                  rate, the cash deposit rate will be that
                                                    and Constitution Avenue NW,                             valorem or per-unit rate is zero or de                for the PRC-wide entity (i.e., 453.79
                                                    Washington, DC 20230.9                                  minimis, the Department will instruct                 percent); 17 18 and (4) for all non-PRC
                                                       The Department intends to issue the                  CBP to liquidate appropriate entries                  exporters of subject merchandise which
                                                    final results of this administrative                    without regard to antidumping duties.15               have not received their own rate, the
                                                    review, which will include the results of                  On October 24, 2011, the Department                cash deposit rate will be the rate
                                                    our analysis of all issues raised in the                announced a refinement to its                         applicable to the PRC exporter that
                                                    briefs, within 120 days after the                       assessment practice in non-market                     supplied the non-PRC exporter. These
                                                    publication of these preliminary results                economy antidumping duty cases.16                     cash deposit requirements, when
                                                    in the Federal Register, pursuant to                    Pursuant to this refinement in practice,              imposed, shall remain in effect until
                                                    section 751(a)(3)(A) of the Act.                        for entries that were not reported in the             further notice.
                                                                                                            U.S. sales database submitted by an
                                                    Assessment Rates                                        exporter individually examined during                 Notification to Importers
                                                      Upon issuance of the final results of                 this review, the Department will                        This notice also serves as a
                                                    this review, the Department will                        instruct CBP to liquidate such entries at             preliminary reminder to importers of
                                                    determine, and U.S. Customs and                         the PRC-wide rate. Additionally,                      their responsibility under 19 CFR
                                                    Border Protection (CBP) shall assess,                   pursuant to this refinement, if the                   351.402(f)(2) to file a certificate
                                                    antidumping duties on all appropriate                   Department determines that an exporter                regarding the reimbursement of
                                                    entries covered by this review.10 The                   under review had no shipments of the                  antidumping duties prior to liquidation
                                                    Department intends to issue assessment                  subject merchandise, any suspended                    of the relevant entries during this
                                                    instructions to CBP 15 days after the                   entries that entered under that
                                                    publication date of the final results of                exporter’s case number (i.e., at that                   17 See Glycine From the People’s Republic of

                                                    this review. If we proceed to a final                   exporter’s rate) will be liquidated at the            China: Final Results of Antidumping Duty
                                                    rescission of this administrative review,               PRC-wide rate.                                        Administrative Review; 2011–2012, 78 FR 20891
                                                                                                               In accordance with section                         (April 8, 2013).
                                                    with respect to Evonik, then its entries                                                                        18 The Department’s change in policy regarding
                                                                                                            751(a)(2)(C) of the Act, the final results
                                                    will be assessed at the rate entered.11                                                                       conditional review of the PRC-wide entity applies
                                                    For each individually examined                                                                                to this administrative review. See Antidumping
                                                                                                              12 See Antidumping Proceedings: Calculation of
                                                                                                                                                                  Proceedings: Announcement of Change in
                                                    respondent in this review whose                         the Weighted Average Dumping Margin and
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                                                                                  Department Practice for Respondent Selection in
                                                    weighted-average dumping margin in                      Assessment Rate in Certain Antidumping                Antidumping Duty Proceedings and Conditional
                                                    the final results of review is above de                 Proceedings: Final Modification, 77 FR 8101           Review of the Nonmarket Economy Entity in NME
                                                                                                            (February 14, 2012) (Final Modification).             Antidumping Duty Proceedings, 78 FR 65963
                                                                                                              13 See 19 CFR 351.212(b)(1).
                                                      6 See 19 CFR 351.309(c)(1)(ii).                                                                             (November 4, 2013). Under this policy, the PRC-
                                                                                                              14 Id.
                                                      7 See                                                                                                       wide entity will not be under review unless a party
                                                            19 CFR 351.309(d)(1)–(2).                         15 See Final Modification at 8103.
                                                      8 See 19 CFR 351.310(c).
                                                                                                                                                                  specifically requests, or the Department self-
                                                                                                              16 See Non-Market Economy Antidumping               initiates, a review of the entity. Because no party
                                                      9 See 19 CFR 351.310(d).
                                                                                                            Proceedings: Assessment of Antidumping Duties, 76     requested a review of the PRC-wide entity in this
                                                      10 See 19 CFR 351.212(b)(1).
                                                                                                            FR 65694 (October 24, 2011), for a full discussion    review, the entity is not under review and the
                                                      11 See 19 CFR 351.212(c)(2).                          of this practice.                                     entity’s rate is not subject to change.



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                                                    18816                         Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices

                                                    review period. Failure to comply with                   September 30, 2014.1 We gave                            steel nails subject to the order are
                                                    this requirement could result in the                    interested parties an opportunity to                    currently classified under the
                                                    Department’s presumption that                           comment on the Preliminary Results.                     Harmonized Tariff Schedule of the
                                                    reimbursement of antidumping duties                     Based upon our analysis of the                          United States (‘‘HTSUS’’) subheadings
                                                    occurred and the subsequent assessment                  comments and information received, we                   7317.00.55, 7317.00.65, 7317.00.75, and
                                                    of double antidumping duties.                           made changes to the margin calculations                 7907.00.6000.5 While the HTSUS
                                                      We are issuing and publishing these                   for these final results. The final                      subheadings are provided for
                                                    results in accordance with sections                     dumping margins are listed below in the                 convenience and customs purposes, the
                                                    751(a)(1) and 777(i)(1) of the Act and 19               ‘‘Final Results of the Administrative                   written description of the scope of the
                                                    CFR 351.213.                                            Review’’ section of this notice. The                    order is dispositive.6
                                                      Dated: March 31, 2015.                                period of review (‘‘POR’’) is August 1,
                                                                                                                                                                    Analysis of Comments Received
                                                                                                            2012, through July 31, 2013.
                                                    Paul Piquado,                                                                                                      All issues raised in the case and
                                                                                                            DATES: Effective Date: April 8, 2015.
                                                    Assistant Secretary for Enforcement and                                                                         rebuttal briefs by parties in this review
                                                    Compliance.                                             FOR FURTHER INFORMATION CONTACT:
                                                                                                            Matthew Renkey or Susan Pulongbarit,                    are addressed in the Issues and Decision
                                                    Appendix I                                              AD/CVD Operations, Office V,                            Memorandum. A list of the issues which
                                                                                                            Enforcement and Compliance,                             parties raised is attached to this notice
                                                    List of Topics Discussed in the Preliminary                                                                     as an appendix. The Issues and Decision
                                                    Decision Memorandum                                     International Trade Administration,
                                                                                                            U.S. Department of Commerce, 14th                       Memorandum is a public document and
                                                    1. Summary                                                                                                      is on file in the Central Records Unit
                                                    2. Background                                           Street and Constitution Avenue NW.,
                                                                                                            Washington, DC 20230; telephone 202–                    (‘‘CRU’’), Room 7046 of the main
                                                    3. Scope of the Order
                                                                                                            482–2312 or 202–482–4031,                               Department of Commerce building, as
                                                    4. Discussion of the Methodology
                                                    5. Bona Fides Inquiry                                   respectively.                                           well as electronically via Enforcement
                                                    6. Non-Market Economy Country Status                                                                            and Compliance’s Antidumping and
                                                                                                            SUPPLEMENTARY INFORMATION:                              Countervailing Duty Centralized
                                                    7. Separate Rates Determination
                                                       A. Absence of De Jure Control                        Background                                              Electronic Service System (‘‘ACCESS’’).7
                                                       B. Absence of De Facto Control                                                                               ACCESS is available to registered users
                                                    8. The PRC-Wide Entity                                     The Department published the                         at http://access.trade.gov and in the
                                                    9. Surrogate Country                                    Preliminary Results on September 30,                    CRU. In addition, a complete version of
                                                       A. Economic Comparability                            2014.2 On February 9, 2015, we released                 the Issues and Decision Memorandum
                                                       B. Significant Producer of Comparable                the sales and factors of production                     can be accessed directly on the Internet
                                                         Merchandise                                        (‘‘FOP’’) verification reports for                      at http://enforcement.trade.gov/frn/
                                                       C. Data Availability                                 Stanley.3 Between February 12 and
                                                    10. Date of Sale                                                                                                index.html. The signed Issues and
                                                                                                            February 24, 2015, interested parties                   Decision Memorandum and the
                                                    11. Fair Value Comparisons                              submitted case and rebuttal briefs. On
                                                       A. Export Price                                                                                              electronic version of the Issues and
                                                                                                            January 20, 2015, the Department                        Decision Memorandum are identical in
                                                       B. Value-Added Tax
                                                       C. Normal Value                                      extended the deadline for the final                     content.
                                                    12. Factor Valuation Methodology                        results to March 30, 2015.4
                                                       A. ME Prices                                                                                                 Changes Since the Preliminary Results
                                                                                                            Scope of the Order
                                                       B. Surrogate Values                                                                                            Based on a review of the record and
                                                    13. Comparisons to Normal Value                           The merchandise covered by the order                  comments received from interested
                                                       A. Determination of Comparison Method                includes certain steel nails having a                   parties regarding our Preliminary
                                                       B. Results of the Differential Pricing               shaft length up to 12 inches. Certain                   Results, and for the reasons explained in
                                                         Analysis
                                                                                                                                                                    the Issues and Decision Memorandum,
                                                    14. Currency Conversion                                    1 See Certain Steel from the People’s Republic of
                                                    15. Recommendation                                                                                              we revised the margin calculation for
                                                                                                            China: Preliminary Results of the Antidumping
                                                                                                            Duty Administrative Review; 2012–2013, 79 FR            Stanley. Accordingly, for the final
                                                    [FR Doc. 2015–07952 Filed 4–7–15; 8:45 am]
                                                                                                            58744 (September 30, 2014) (‘‘Preliminary               results, the Department has updated the
                                                    BILLING CODE 3510–DS–P                                  Results’’), and accompanying Preliminary Decision       margin to be assigned to companies
                                                                                                            Memorandum.
                                                                                                               2 See Preliminary Results.
                                                                                                                                                                       5 The Department recently added the Harmonized
                                                    DEPARTMENT OF COMMERCE                                     3 The Stanley Works (Langfang) Fastening
                                                                                                                                                                    Tariff Schedule category 7907.00.6000, ‘‘Other
                                                                                                            Systems Co., Ltd. and Stanley Black & Decker, Inc.      articles of zinc: Other,’’ to the language of the
                                                    International Trade Administration                      (collectively ‘‘Stanley’’); see the memoranda to the    Order. See Memorandum to Gary Taverman, Senior
                                                                                                            file ‘‘Verification of the Questionnaire Responses of   Advisor for Antidumping and Countervailing Duty
                                                                                                            Stanley Black & Decker, Inc. (‘‘SBD’’) in the 2012–     Operations, through James C. Doyle, Director, Office
                                                    [A–570–909]                                             2013 Antidumping Duty Review of Certain Steel           9, Antidumping and Countervailing Duty
                                                                                                            Nails from the People’s Republic of China               Operations, regarding ‘‘Certain Steel Nails from the
                                                    Certain Steel Nails from the People’s                   (‘‘PRC’’),’’ and Verification of the Questionnaire      People’s Republic of China: Cobra Anchors Co. Ltd.
                                                    Republic of China: Final Results of                     Responses of The Stanley Works (Langfang)               Final Scope Ruling,’’ dated September 19, 2013.
                                                                                                            Fastening Systems Co., Ltd. (‘‘Stanley Langfang’’) in      6 See ‘‘Certain Steel Nails from the People’s
                                                    Antidumping Duty Administrative                         the 2012–2013 Antidumping Duty Review of                Republic of China: Issues and Decision
                                                    Review; 2012–2013                                       Certain Steel Nails from the People’s Republic of       Memorandum for the Final Results of the Fifth
                                                                                                            China (‘‘PRC’’), both dated February 9, 2015.           Antidumping Duty Administrative Review,’’ dated
                                                    AGENCY:   Enforcement and Compliance,
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                               4 See Memorandum to Gary Taverman, Associate         concurrently with and hereby adopted by this
                                                    International Trade Administration,                     Deputy Assistant Secretary for Antidumping and          notice (‘‘Issues and Decision Memorandum’’), for a
                                                    Department of Commerce.                                 Countervailing Duty Operations, through James C.        complete description of the Scope of the Order.
                                                                                                            Doyle, Director, Office V, Antidumping and                 7 On November 24, 2014, Enforcement and
                                                    SUMMARY: The Department of Commerce
                                                                                                            Countervailing Duty Operations from Matthew             Compliance changed the name of its centralized
                                                    (‘‘Department’’) published the                          Renkey, Senior International Trade Compliance           electronic service system to ACCESS. The Web site
                                                    Preliminary Results of the fifth                        Analyst, Office V, Antidumping and Countervailing       location was changed from http://iaaccess.trade.gov
                                                    administrative review of certain steel                  Duty Operations regarding Certain Steel Nails from      to http://access.trade.gov. The Final Rule changing
                                                                                                            the People’s Republic of China: Extension of            the references to the centralized electronic service
                                                    nails (‘‘nails’’) from the People’s                     Deadline for Final Results of Antidumping Duty          system to ACCESS in the Department’s regulations
                                                    Republic of China (‘‘PRC’’) on                          Administrative Review, dated January 20, 2015.          can be found at 79 FR 69046 (November 20, 2014).



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Document Created: 2018-02-21 10:07:13
Document Modified: 2018-02-21 10:07:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective Date: April 8, 2015.
ContactDena Crossland or Ericka Ukrow, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 3362 or (202) 482-0405, respectively.
FR Citation80 FR 18814 

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