80 FR 47464 - Xanthan Gum From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 152 (August 7, 2015)
International Trade Administration
Federal Register Volume 80, Issue 152 (August 7, 2015)
| Page Range | 47464-47466 | |
| FR Document | 2015-19482 |
[Federal Register Volume 80, Number 152 (Friday, August 7, 2015)] [Notices] [Pages 47464-47466] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-19482] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-985] Xanthan Gum From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 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 xanthan gum from the People's Republic of China (``PRC''). The period of review (``POR'') is July 19, 2013, through June 30, 2014.\1\ The Department initiated this review with respect to eight companies, two of which have been collapsed with a mandatory respondent. The two collapsed mandatory respondents are: Deosen Biochemical Ltd./Deosen Biochemical (Ordos) Ltd. (``Deosen'') and Neimenggu Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/Shandong Fufeng Fermentation Co., Ltd./Xinjiang Fufeng Biotechnologies Co., Ltd. (``Fufeng''). The Department preliminarily finds that the mandatory respondent Deosen sold subject merchandise in the United States at prices below normal value (``NV'') during the POR, but that Fufeng did not. Interested parties are invited to comment on these preliminary results. --------------------------------------------------------------------------- \1\ The POR for this administrative review begins on July 19, 2013, the date the International Trade Commission (``ITC'') published its final determination of threat of material injury in the underlying investigation and the date from which merchandise subject to the antidumping duty order on xanthan gum from the PRC remains suspended from liquidation pursuant to the underlying investigation. The ITC's finding was not accompanied by a finding that injury would have resulted but for the imposition of suspension of liquidation. See Xanthan Gum From Austria and China, 78 FR 43226 (July 19, 2013). Accordingly, merchandise subject to the investigation remains suspended from liquidation beginning on July 19, 2013, the date the ITC published its final determination, see Xanthan Gum From the People's Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 78 FR 43143, 43144 (July 19, 2013), and this date serves as the first day of the POR for this administrative review. --------------------------------------------------------------------------- DATES: Effective date: August 7, 2015. FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Erin Kearney, AD/ CVD Operations, Office IV, Enforcement & Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 0182 or (202) 482-0167, respectively. SUPPLEMENTARY INFORMATION: Scope of the Order The scope of the order covers dry xanthan gum, whether or not coated or blended with other products. Further, xanthan gum is included in this order regardless of physical form, including, but not limited to, solutions, slurries, dry powders of any particle size, or unground fiber. Merchandise covered by the scope of this order is classified in the Harmonized Tariff Schedule of the United States at subheading 3913.90.20. This tariff classification is provided for convenience and customs purposes; however, the written description of the scope is dispositive.\2\ --------------------------------------------------------------------------- \2\ For a complete description of the Scope of the Order, see ``Decision Memorandum for the Preliminary Results of the Antidumping Duty Administrative Review of Xanthan Gum from the People's Republic of China,'' (``Preliminary Decision Memorandum''), dated concurrently with this notice. --------------------------------------------------------------------------- Preliminary Determination of No Shipments Based on an analysis of U.S. Customs and Border Protection (``CBP'') information, and questionnaire responses provided by A.H.A. International Co., Ltd. (``AHA'') and Deosen, the Department preliminarily determines that AHA did not have any reviewable transactions during the POR. For additional information regarding this determination, see the Preliminary Decision Memorandum. Consistent with an announced refinement to its assessment practice in non-market economy (``NME'') cases, the Department is not rescinding this review for AHA, but intends to complete the review and issue appropriate instructions to CBP based on the final results of the review.\3\ --------------------------------------------------------------------------- \3\ See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and the ``Assessment Rates'' section, below. --------------------------------------------------------------------------- Preliminary Affiliation and Single Entity Determination Based on record evidence, the Department preliminarily finds that Deosen Biochemical Ltd. and Deosen Biochemical (Ordos) Ltd. are affiliated pursuant to section 771(33)(G) of the Tariff Act of 1930, as amended (the ``Act'') and should be treated as a single entity for AD purposes pursuant to 19 CFR 351.401(f). Furthermore, based on record evidence, the Department preliminarily finds that Neimenggu Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies Co., Ltd.), Shandong Fufeng Fermentation Co. Ltd., and Xinjiang Fufeng Biotechnologies Co., Ltd. are affiliated pursuant to section 771(33)(F) of the Act and should be treated as a single entity for AD purposes pursuant to 19 CFR 351.401(f). For additional information, see the Preliminary Decision Memorandum. Separate Rates The Department preliminarily determines that information placed on the record by the mandatory respondents Deosen and Fufeng, as well as by the separate rate applicants CP Kelco (Shandong) Biological Company Limited and Shanghai Smart Chemicals Co. Ltd., demonstrates that these companies are entitled to separate rate status. Hebei Xinhe Biochemical Co. Ltd., which did not claim that it made no shipments of subject merchandise during the POR, failed to submit a separate rate application or separate rate certification. Therefore, this company is not eligible for separate rate status.\4\ [[Page 47465]] Accordingly, the Department preliminarily finds that the PRC-wide entity includes this company. For additional information, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \4\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 79 FR 51548, 51549 (August 29, 2014) (``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 . . .''). --------------------------------------------------------------------------- PRC-Wide Entity The Department's change in policy regarding conditional review of the PRC-wide entity applies to this administrative review.\5\ 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 (i.e., 154.07 percent).\6\ --------------------------------------------------------------------------- \5\ See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013). \6\ See Steel Wire Garment Hangers From the People's Republic of China: Final Results of Antidumping Duty Administrative Review, 2012-2013, 80 FR 13332 (March 13, 2015), and accompanying Issues and Decision Memorandum. --------------------------------------------------------------------------- Rate for Separate-Rate Companies Not Individually Examined The statute and the Department's regulations do not address the establishment of a rate to be applied to respondents not selected for individual examination when the Department limits its examination of companies subject to the administrative review pursuant to section 777A(c)(2)(B) of the Act. Generally, the Department looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in an investigation, for guidance when calculating the rate for respondents not individually examined in an administrative review. Section 735(c)(5)(A) of the Act articulates a preference for not calculating an all-others rate using rates which are zero, de minimis or based entirely on facts available. Accordingly, the Department's usual practice has been to determine the dumping margin for companies not individually examined by averaging the weighted- average dumping margins for the individually examined respondents, excluding rates that are zero, de minimis, or based entirely on facts available.\7\ Consistent with this practice, because we preliminarily determine that the weighted-average dumping margin calculated for Fufeng is zero, the Department assigned to the companies not individually examined, but which demonstrated their eligibility for a separate rate, a margin equal to the weighted-average dumping margin calculated for Deosen. --------------------------------------------------------------------------- \7\ See Ball Bearings and Parts Thereof From France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR 52823, 52824 (September 11, 2008), and accompanying Issues and Decision Memorandum at Comment 16. --------------------------------------------------------------------------- Methodology The Department is conducting this review in accordance with section 751(a)(1)(B) of the Act. The Department calculated export prices and constructed export prices in accordance with section 772 of the Act. Given that the PRC is a NME country, within the meaning of section 771(18) of the Act, the Department calculated NV in accordance with section 773(c) of the Act. For a full description of the methodology underlying the preliminary results of this review, see the Preliminary Decision Memorandum.\8\ The Preliminary Decision Memorandum is a public document and is made available to the public via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (``ACCESS''). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \8\ A list of topics discussed in the Preliminary Decision Memorandum is provided in the Appendix to this notice. --------------------------------------------------------------------------- Preliminary Results of Review The Department preliminarily determines that the following weighted-average dumping margins exist for the POR: ------------------------------------------------------------------------ Weighted- average Exporter dumping margin (percent) ------------------------------------------------------------------------ Neimenggu Fufeng Biotechnologies Co., Ltd. (aka Inner 0.00 Mongolia Fufeng Biotechnologies Co., Ltd.)/Shandong Fufeng Fermentation Co., Ltd./Xinjiang Fufeng Biotechnologies Co., Ltd............................ Deosen Biochemical Ltd./Deosen Biochemical (Ordos) 5.14 Ltd................................................. CP Kelco (Shandong) Biological Company Limited....... 5.14 Shanghai Smart Chemicals Co. Ltd..................... 5.14 ------------------------------------------------------------------------ Disclosure and Public Comment The Department intends to disclose to parties the calculations performed for these preliminary results of review not later than ten days after the date of the public announcement of, or, if there is no public announcement, within five days after the date of publication of, the preliminary results of review 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.\9\ Rebuttal briefs may be filed no later than five days after case briefs are due and may respond only to arguments raised in the case briefs.\10\ A table of contents, list of authorities used, and an executive summary of issues should accompany any briefs submitted to the Department.\11\ The summary should be limited to five pages total, including footnotes. --------------------------------------------------------------------------- \9\ See 19 CFR 351.309(c)(1)(ii). \10\ See 19 CFR 351.309(d). \11\ See 19 CFR 351.309(c)(2), (d)(2). --------------------------------------------------------------------------- Interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice.\12\ Requests should contain the party's name, address, and telephone number, the number of participants, and 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, the Department intends to hold the hearing at the U.S. [[Page 47466]] Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a date and time to be determined.\13\ Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. --------------------------------------------------------------------------- \12\ See 19 CFR 351.310(c). \13\ See 19 CFR 351.310(d). --------------------------------------------------------------------------- All submissions, with limited exceptions, must be filed electronically using ACCESS.\14\ An electronically filed document must be received successfully in its entirety by the Department's electronic records system, ACCESS, by 5 p.m. Eastern Time (``ET'') on the due date. Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with the APO/Dockets Unit in Room 18022 and stamped with the date and time of receipt by 5 p.m. ET on the due date.\15\ --------------------------------------------------------------------------- \14\ See generally 19 CFR 351.303. \15\ See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). --------------------------------------------------------------------------- Unless otherwise extended, the Department intends to issue the final results of this administrative review, which will include the results of its analysis of issues raised in any briefs, within 120 days of publication of these preliminary results, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon issuance of the final results of this review, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.\16\ The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. 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).\17\ 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).\18\ 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.\19\ We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific assessment rate is above de minimis. 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.\20\ --------------------------------------------------------------------------- \16\ See 19 CFR 351.212(b)(1). \17\ 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''). \18\ See 19 CFR 351.212(b)(1). \19\ Id. \20\ See Final Modification at 8103. --------------------------------------------------------------------------- On October 24, 2011, the Department announced a refinement to its assessment practice in NME antidumping duty cases.\21\ 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 will be liquidated at the PRC-wide rate. --------------------------------------------------------------------------- \21\ 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 Department will instruct CBP to require a cash deposit equal to the weighted-average amount by which the normal value exceeds U.S. price. The following cash deposit requirements will be effective upon publication of the final results of this administrative review for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash deposit rate will be equal to the weighted- average dumping margin established in the final results of this review (except, if the rate is zero or de minimis, then the cash deposit rate will be zero for that exporter); (2) for previously investigated PRC and non-PRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recently completed segment of this proceeding; (3) for all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC-wide rate of 154.07 percent (4) for all non-PRC exporters of subject merchandise that have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. 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: July 31, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix--List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Selection of Respondents 5. Preliminary Determination of No Shipments 6. Single Entity Treatment 7. Discussion of the Methodology a. Non-Market Economy Country b. Separate Rate c. Surrogate Country d. Date of Sale e. Comparisons to Normal Value f. U.S. Price g. Normal Value h. Currency Conversion 8. Conclusion [FR Doc. 2015-19482 Filed 8-6-15; 8:45 am] BILLING CODE 3510-DS-P
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judicial protective order, is hereby review with respect to eight companies, information, and questionnaire
requested. Failure to comply with the two of which have been collapsed with responses provided by A.H.A.
regulations and the terms of an APO is a mandatory respondent. The two International Co., Ltd. (‘‘AHA’’) and
a sanctionable violation. collapsed mandatory respondents are: Deosen, the Department preliminarily
This negative final circumvention Deosen Biochemical Ltd./Deosen determines that AHA did not have any
determination is published in Biochemical (Ordos) Ltd. (‘‘Deosen’’) reviewable transactions during the POR.
accordance with section 781(b) of the and Neimenggu Fufeng Biotechnologies For additional information regarding
Act and 19 CFR 351.225. Co., Ltd. (aka Inner Mongolia Fufeng this determination, see the Preliminary
Dated: July 31, 2015. Biotechnologies Co., Ltd.)/Shandong Decision Memorandum.
Ronald K. Lorentzen Fufeng Fermentation Co., Ltd./Xinjiang Consistent with an announced
Fufeng Biotechnologies Co., Ltd. refinement to its assessment practice in
Acting Assistant Secretary for Enforcement
and Compliance. (‘‘Fufeng’’). The Department non-market economy (‘‘NME’’) cases,
preliminarily finds that the mandatory the Department is not rescinding this
Appendix 1 respondent Deosen sold subject review for AHA, but intends to
List of Issues Discussed in the Issues and merchandise in the United States at complete the review and issue
Decision Memorandum prices below normal value (‘‘NV’’) appropriate instructions to CBP based
Comment 1: Whether JBF Bahrain has taken
during the POR, but that Fufeng did not. on the final results of the review.3
deliberate action to circumvent the Order Interested parties are invited to
comment on these preliminary results. Preliminary Affiliation and Single
Comment 2: Whether JBF Bahrain’s process
of completion or assembly is substantial DATES: Effective date: August 7, 2015.
Entity Determination
or significant under Section 781(b)(2) of FOR FURTHER INFORMATION CONTACT: Based on record evidence, the
the Act Brandon Farlander or Erin Kearney, AD/ Department preliminarily finds that
Comment 3: Whether the value of the Deosen Biochemical Ltd. and Deosen
merchandise produced in the order
CVD Operations, Office IV, Enforcement
& Compliance, International Trade Biochemical (Ordos) Ltd. are affiliated
country is a significant portion of the
total value of the merchandise exported Administration, Department of pursuant to section 771(33)(G) of the
to the United States under Section Commerce, 14th Street and Constitution Tariff Act of 1930, as amended (the
781(b)(1)(D) of the Act Avenue NW., Washington, DC 20230; ‘‘Act’’) and should be treated as a single
Comment 4: Completion by JBF Bahrain from telephone: (202) 482–0182 or (202) 482– entity for AD purposes pursuant to 19
parts or components produced in the 0167, respectively. CFR 351.401(f). Furthermore, based on
UAE under Section 781(b)(1)(B) of the record evidence, the Department
SUPPLEMENTARY INFORMATION:
Act preliminarily finds that Neimenggu
Comment 5: Whether record evidence shows Scope of the Order Fufeng Biotechnologies Co., Ltd. (aka
that Domestic Parties are interested
parties The scope of the order covers dry Inner Mongolia Fufeng Biotechnologies
xanthan gum, whether or not coated or Co., Ltd.), Shandong Fufeng
[FR Doc. 2015–19483 Filed 8–6–15; 8:45 am]
blended with other products. Further, Fermentation Co. Ltd., and Xinjiang
BILLING CODE 3510–DS–P
xanthan gum is included in this order Fufeng Biotechnologies Co., Ltd. are
regardless of physical form, including, affiliated pursuant to section 771(33)(F)
but not limited to, solutions, slurries, of the Act and should be treated as a
DEPARTMENT OF COMMERCE
dry powders of any particle size, or single entity for AD purposes pursuant
International Trade Administration unground fiber. Merchandise covered by to 19 CFR 351.401(f). For additional
the scope of this order is classified in information, see the Preliminary
[A–570–985] the Harmonized Tariff Schedule of the Decision Memorandum.
United States at subheading 3913.90.20. Separate Rates
Xanthan Gum From the People’s
This tariff classification is provided for
Republic of China: Preliminary Results The Department preliminarily
convenience and customs purposes;
of Antidumping Duty Administrative determines that information placed on
however, the written description of the
Review and Preliminary Determination the record by the mandatory
scope is dispositive.2
of No Shipments; 2013–2014 respondents Deosen and Fufeng, as well
Preliminary Determination of No as by the separate rate applicants CP
AGENCY: Enforcement and Compliance, Shipments
International Trade Administration, Kelco (Shandong) Biological Company
Department of Commerce. Based on an analysis of U.S. Customs Limited and Shanghai Smart Chemicals
SUMMARY: The Department of Commerce and Border Protection (‘‘CBP’’) Co. Ltd., demonstrates that these
(‘‘the Department’’) is conducting an companies are entitled to separate rate
administrative review of the resulted but for the imposition of suspension of status. Hebei Xinhe Biochemical Co.
liquidation. See Xanthan Gum From Austria and Ltd., which did not claim that it made
antidumping duty order on xanthan China, 78 FR 43226 (July 19, 2013). Accordingly,
gum from the People’s Republic of merchandise subject to the investigation remains no shipments of subject merchandise
China (‘‘PRC’’). The period of review suspended from liquidation beginning on July 19, during the POR, failed to submit a
(‘‘POR’’) is July 19, 2013, through June 2013, the date the ITC published its final separate rate application or separate rate
determination, see Xanthan Gum From the People’s certification. Therefore, this company is
30, 2014.1 The Department initiated this Republic of China: Amended Final Determination
of Sales at Less Than Fair Value and Antidumping not eligible for separate rate status.4
1 The POR for this administrative review begins Duty Order, 78 FR 43143, 43144 (July 19, 2013), and
on July 19, 2013, the date the International Trade this date serves as the first day of the POR for this 3 See Non-Market Economy Antidumping
tkelley on DSK3SPTVN1PROD with NOTICES
Commission (‘‘ITC’’) published its final administrative review. Proceedings: Assessment of Antidumping Duties, 76
determination of threat of material injury in the 2 For a complete description of the Scope of the FR 65694, 65694–95 (October 24, 2011) and the
underlying investigation and the date from which Order, see ‘‘Decision Memorandum for the ‘‘Assessment Rates’’ section, below.
merchandise subject to the antidumping duty order Preliminary Results of the Antidumping Duty 4 See Initiation of Antidumping and
on xanthan gum from the PRC remains suspended Administrative Review of Xanthan Gum from the Countervailing Duty Administrative Reviews, 79 FR
from liquidation pursuant to the underlying People’s Republic of China,’’ (‘‘Preliminary 51548, 51549 (August 29, 2014) (‘‘All firms listed
investigation. The ITC’s finding was not Decision Memorandum’’), dated concurrently with below that wish to qualify for separate rate status
accompanied by a finding that injury would have this notice. in the administrative reviews involving NME
VerDate Sep<11>2014 18:24 Aug 06, 2015 Jkt 235001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\07AUN1.SGM 07AUN1](https://thefederalregister.org/doc/80_FR_47616/page/1.svg)
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Department of Commerce, 14th Street Department calculates an importer- (or above, the cash deposit rate will be
and Constitution Avenue NW., customer) specific weighted-average equal to the weighted-average dumping
Washington, DC 20230, at a date and dumping margin by dividing the total margin established in the final results of
time to be determined.13 Parties should amount of dumping for reviewed sales this review (except, if the rate is zero or
confirm by telephone the date, time, and to the importer (or customer) by the de minimis, then the cash deposit rate
location of the hearing two days before total sales quantity associated with will be zero for that exporter); (2) for
the scheduled date. those transactions, the Department will previously investigated PRC and non-
All submissions, with limited direct CBP to assess importer- (or PRC exporters not listed above that have
exceptions, must be filed electronically customer) specific assessment rates separate rates, the cash deposit rate will
using ACCESS.14 An electronically filed based on the resulting per-unit rates.19 continue to be the exporter-specific rate
document must be received successfully We will instruct CBP to assess published for the most recently
in its entirety by the Department’s antidumping duties on all appropriate completed segment of this proceeding;
electronic records system, ACCESS, by entries covered by this review when the (3) for all PRC exporters of subject
5 p.m. Eastern Time (‘‘ET’’) on the due importer-specific assessment rate is merchandise which have not been
date. Documents excepted from the above de minimis. Where either the found to be entitled to a separate rate,
electronic submission requirements respondent’s weighted average dumping the cash deposit rate will be the PRC-
must be filed manually (i.e., in paper margin is zero or de minimis, or an wide rate of 154.07 percent (4) for all
form) with the APO/Dockets Unit in importer (or customer-) specific ad non-PRC exporters of subject
Room 18022 and stamped with the date valorem or per-unit rate is zero or de merchandise that have not received
and time of receipt by 5 p.m. ET on the minimis, the Department will instruct their own rate, the cash deposit rate will
due date.15 CBP to liquidate appropriate entries be the rate applicable to the PRC
Unless otherwise extended, the without regard to antidumping duties.20 exporter that supplied that non-PRC
Department intends to issue the final On October 24, 2011, the Department exporter. These deposit requirements,
results of this administrative review, announced a refinement to its when imposed, shall remain in effect
which will include the results of its assessment practice in NME until further notice.
analysis of issues raised in any briefs, antidumping duty cases.21 Pursuant to
within 120 days of publication of these this refinement in practice, for entries Notification to Importers
preliminary results, pursuant to section that were not reported in the U.S. sales This notice also serves as a
751(a)(3)(A) of the Act. database submitted by an exporter preliminary reminder to importers of
Assessment Rates individually examined during this their responsibility under 19 CFR
review, the Department will instruct 351.402(f)(2) to file a certificate
Upon issuance of the final results of CBP to liquidate such entries at the regarding the reimbursement of
this review, the Department will PRC-wide rate. Additionally, pursuant antidumping duties prior to liquidation
determine, and CBP shall assess, to this refinement, if the Department of the relevant entries during this POR.
antidumping duties on all appropriate determines that an exporter under Failure to comply with this requirement
entries covered by this review.16 The review had no shipments of the subject could result in the Department’s
Department intends to issue assessment merchandise, any suspended entries presumption that reimbursement of
instructions to CBP 15 days after the that entered under that exporter’s case antidumping duties occurred and the
publication date of the final results of number will be liquidated at the PRC- subsequent assessment of double
this review. For each individually wide rate. antidumping duties.
examined respondent in this review In accordance with section We are issuing and publishing these
whose weighted-average dumping 751(a)(2)(C) of the Act, the final results results in accordance with sections
margin in the final results of review is of this review shall be the basis for the 751(a)(1) and 777(i)(1) of the Act and 19
above de minimis (i.e., greater than or assessment of antidumping duties on CFR 351.213.
equal to 0.5 percent), the Department entries of merchandise covered by the
intends to calculate importer- (or Dated: July 31, 2015.
final results of this review and for future
customer) specific assessment rates, in deposits of estimated duties, where Ronald K. Lorentzen,
accordance with 19 CFR 351.212(b)(1).17 applicable. Acting Assistant Secretary for Enforcement
Where the respondent reported reliable and Compliance.
entered values, the Department intends Cash Deposit Requirements
Appendix—List of Topics Discussed in
to calculate importer- (or customer) The Department will instruct CBP to the Preliminary Decision Memorandum
specific ad valorem rates by aggregating require a cash deposit equal to the
the dumping margins calculated for all weighted-average amount by which the 1. Summary
2. Background
U.S. sales to the importer (or customer) normal value exceeds U.S. price. The 3. Scope of the Order
and dividing this amount by the total following cash deposit requirements 4. Selection of Respondents
entered value of the sales to the will be effective upon publication of the 5. Preliminary Determination of No
importer (or customer).18 Where the final results of this administrative Shipments
review for shipments of the subject 6. Single Entity Treatment
13 See 19 CFR 351.310(d). merchandise from the PRC entered, or 7. Discussion of the Methodology
14 See generally 19 CFR 351.303. withdrawn from warehouse, for a. Non-Market Economy Country
15 See Antidumping and Countervailing Duty
consumption on or after the publication b. Separate Rate
Proceedings: Electronic Filing Procedures; c. Surrogate Country
Administrative Protective Order Procedures, 76 FR
date, as provided by section 751(a)(2)(C) d. Date of Sale
tkelley on DSK3SPTVN1PROD with NOTICES
39263 (July 6, 2011). of the Act: (1) For the exporters listed e. Comparisons to Normal Value
16 See 19 CFR 351.212(b)(1).
f. U.S. Price
19 Id.
17 See Antidumping Proceedings: Calculation of
g. Normal Value
the Weighted Average Dumping Margin and 20 See Final Modification at 8103. h. Currency Conversion
Assessment Rate in Certain Antidumping 21 See Non-Market Economy Antidumping 8. Conclusion
Proceedings: Final Modification, 77 FR 8101 Proceedings: Assessment of Antidumping Duties, 76
(February 14, 2012) (‘‘Final Modification’’). FR 65694 (October 24, 2011), for a full discussion [FR Doc. 2015–19482 Filed 8–6–15; 8:45 am]
18 See 19 CFR 351.212(b)(1). of this practice. BILLING CODE 3510–DS–P
VerDate Sep<11>2014 18:24 Aug 06, 2015 Jkt 235001 PO 00000 Frm 00017 Fmt 4703 Sfmt 9990 E:\FR\FM\07AUN1.SGM 07AUN1](https://thefederalregister.org/doc/80_FR_47616/page/3.svg)
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| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| FR Citation | 80 FR 47464 |
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