80 FR 75968 - Seamless Refined Copper Pipe and Tube From the People's Republic of China: Preliminary Results and Partial Rescission of Administrative Review; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 234 (December 7, 2015)
International Trade Administration
Federal Register Volume 80, Issue 234 (December 7, 2015)
| Page Range | 75968-75971 | |
| FR Document | 2015-30792 |
[Federal Register Volume 80, Number 234 (Monday, December 7, 2015)] [Notices] [Pages 75968-75971] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-30792] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-964] Seamless Refined Copper Pipe and Tube From the People's Republic of China: Preliminary Results and Partial Rescission of Administrative Review; 2013-2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the ``Department'') is conducting the fourth administrative review of the antidumping duty order on seamless refined copper pipe and tube from the People's Republic of China (``PRC''), covering the period November 1, 2013, through October 31, 2014. The Department preliminarily determines that, during the period of review (``POR''), respondent Golden Dragon Precise Copper Tube Group, Inc., Hong Kong GD Trading Co., Ltd., and Golden Dragon Holding (Hong Kong) International, Ltd. and eight affiliated producers that comprise the GD Single [[Page 75969]] Entity \1\ have made sales of subject merchandise at less than normal value. Interested parties are invited to comment on these preliminary results. --------------------------------------------------------------------------- \1\ The GD Single Entity includes the following companies: (1) Golden Dragon Precise Copper Tube Group, Inc.; (2) Golden Dragon Holding (Hong Kong) International, Ltd.; (3) Hong Kong GD Trading Co., Ltd.; (4) Shanghai Longyang Precise Copper Compound Copper Tube Co., Ltd.; (5) Jiangsu Canghuan Copper Industry Co., Ltd.; (6) Guangdong Longfeng Precise Copper Tube Co., Ltd.; (7) Wuxi Jinlong Chuancun Precise Copper Tube Co., Ltd.; (8) Longkou Longpeng Precise Copper Tube Co., Ltd.; (9) Xinxiang Longxiang Precise Copper Tube Co., Ltd.; (10) Coaxian Ailun Metal Processing Co., Ltd.; and (11) Chonqing Longyu Precise Copper Tube Co., Ltd. (the ``GD Single Entity'') See section entitled, ``Preliminary Affiliation and Single Entity Determination,'' below. --------------------------------------------------------------------------- DATES: Effective Date: December 7, 2015. FOR FURTHER INFORMATION CONTACT: Drew Jackson, AD/CVD Operations, Office IV, Enforcement & Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: 482-4406. SUPPLEMENTARY INFORMATION: Scope of the Order The merchandise subject to the order is seamless refined copper pipe and tube. The product is currently classified under Harmonized Tariff Schedule of the United States (``HTSUS'') item numbers 7411.10.1030 and 7411.10.1090. Products subject to this order may also enter under HTSUS item numbers 7407.10.1500, 7419.99.5050, 8415.90.8065, and 8415.90.8085. Although the HTSUS numbers are provided for convenience and customs purposes, the written description of the scope of this order remains dispositive.\2\ --------------------------------------------------------------------------- \2\ See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, regarding ``Decision Memorandum for the Preliminary Results of the 2013-2014 Administrative Review of the Antidumping Duty Order on Seamless Refined Copper Pipe and Tube from the People's Republic of China,'' dated November 30, 2015, for a complete description of the scope of the order (``Preliminary Decision Memorandum''). --------------------------------------------------------------------------- Extension of Deadlines for Preliminary Results On July 15, 2015, the Department extended the time period for issuing the preliminary results of this review until November 30, 2015.\3\ --------------------------------------------------------------------------- \3\ See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, through Abdelali Elouaradia, Office Director, Antidumping and Countervailing Duty Operations, Office 4, regarding ``Seamless Refined Copper Pipe and Tube from the People's Republic of China: Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review'' (July 15, 2015). --------------------------------------------------------------------------- Rescission of Administrative Review, in Part Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if a party who requested the review withdraws the request within 90 days of the date of publication of the notice of initiation of the requested review. The Department initiated this review on December 23, 2014.\4\ On March 23, 2015, interested parties timely withdrew all review requests for the following companies: (1) Shanghai Hailiang Copper Co., Ltd.; (2) Zhejiang Hailiang Co., Ltd.; (3) China Hailiang Metal Trading; (4) Foshan Hua Hong Copper Tube Co., Ltd.; (5) Guilin Lijia Metals Co., Ltd.; (6) Hong Kong Hailiang Metal; (7) Ningbo Jintian Copper Tube Co., Ltd.; (8) Shanghai Hailiang Metal Trading Limited; (9) Sinochem Ningbo Ltd.; (10) Sinochem Ningbo Import & Export Co., Ltd.; (11) Taicang City Jinxin Copper Tube Co., Ltd.; (12) Zhejiang Jiahe Pipes Inc.; and (13) Zhejiang Naile Copper Co., Ltd. Therefore, in accordance with 19 CFR 351.213(d)(1), we are rescinding this review with respect to these 13 companies. The Golden Dragon Group Companies \5\ did not withdraw their request for administrative review; therefore we are not rescinding the review of the GD Single Entity. --------------------------------------------------------------------------- \4\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 79 FR 76956 (December 23, 2014). \5\ Respondent's submissions in this administrative review are filed on behalf of Golden Dragon Precise Copper Tube Group, Inc., Hong Kong GD, Trading Co., Ltd., GD Copper Cooperatief UA, Golden Dragon Holding (Hong Kong) International, Ltd., and GD Copper (U.S.A.) (``Golden Dragon Group Companies''). --------------------------------------------------------------------------- Preliminary Affiliation and Single Entity Determination Based on record evidence, the Department preliminarily finds that the following companies are affiliated pursuant to section 771(33)(F) of the Tariff Act of 1930, as amended (``the Act''): (1) Golden Dragon Precise Copper Tube Group, Inc.; (2) Golden Dragon Holding (Hong Kong) International, Ltd.; (3) Hong Kong GD Trading Co., Ltd.; (4) Shanghai Longyang Precise Copper Compound Copper Tube Co., Ltd.; (5) Jiangsu Canghuan Copper Industry Co., Ltd.; (6) Guangdong Longfeng Precise Copper Tube Co., Ltd.; (7) Wuxi Jinlong Chuancun Precise Copper Tube Co., Ltd.; (8) Longkou Longpeng Precise Copper Tube Co., Ltd.; (9) Xinxiang Longxiang Precise Copper Tube Co., Ltd.; (10) Coaxian Ailun Metal Processing Co., Ltd.; and (11) Chonqing Longyu Precise Copper Tube Co., Ltd. In addition, based on the information presented in this review, we preliminarily find that these companies should be treated as a single entity for the purposes of this review pursuant to 19 CFR 351.401(f). For additional information, see the Preliminary Decision Memorandum.\6\ --------------------------------------------------------------------------- \6\ See also Memorandum to Abdelali Elouaradia, Director, Office IV, AD/CVD Operations, through Robert Bolling, Program Manager, AD/ CVD Operations Office IV, regarding ``Affiliation and Single Entity Status of Golden Dragon Precise Copper Tube Group, Inc.; Golden Dragon Holding (Hong Kong) International Co., Ltd.; Hong Kong GD Trading Co., Ltd.; Shanghai Longyang Precise Copper Compound Copper Tube Co., Ltd.; Jiangsu Canghuan Copper Industry Co., Ltd.; Guangdong Longfeng Precise Copper Tube Co., Ltd.; Wuxi Jinlong Chuancun Precise Copper Tube Co., Ltd.; Longkou Longpeng Precise Copper Tube Co., Ltd.; Xinxiang Longxiang Precise Copper Tube Co., Ltd.; Coaxian Ailun Metal Processing Co., Ltd.; and Chonqing Longyu Precise Copper Tube Co., Ltd.,'' dated concurrently with this memorandum, for a full discussion of the proprietary details of the Department's single-entity analysis. --------------------------------------------------------------------------- Verification As provided in section 782(i) of the Act, the Department verified constructed export price (``CEP'') sales information provided by the Golden Dragon Group Companies. The Department conducted the verification using standard verification procedures including the examination of relevant sales and financial records and the selection and review of original documentation containing relevant information. Further, after the issuance of these preliminary results of review, the Department will verify the remaining sales and production information submitted by the Golden Dragon Group Companies, in the PRC. The verification reports will be on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (``ACCESS''). ACCESS is available to registered users at https://access.trade.gov, and is available to all parties in the Department's Central Records Unit, located in room B8024 of the main Department of Commerce building. Methodology The Department conducted 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. Because the PRC is an non-market economy country, within the meaning of section 771(18) of the Act, the Department calculated normal value in accordance with section 773(c) of the Act. [[Page 75970]] For a full description of the methodology underlying the preliminary results of this review, see the Preliminary Decision Memorandum, which is hereby adopted by this notice. The Preliminary Decision Memorandum is a public document and is made available to the public via ACCESS. 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. Preliminary Results of Review The Department preliminarily determines that the following weighted-average dumping margin exists for the POR: ------------------------------------------------------------------------ Weighted-average Exporter dumping margin (percent) ------------------------------------------------------------------------ Golden Dragon Precise Copper Tube Group, Inc./Golden 5.89 Dragon Holding (Hong Kong) International Co., Ltd./ Hong Kong GD Trading Co., Ltd./Shanghai Longyang Precise Copper Compound Copper Tube Co., Ltd./ Jiangsu Canghuan Copper Industry Co., Ltd./Guangdong Longfeng Precise Copper Tube Co., Ltd./Wuxi Jinlong Chuancun Precise Copper Tube Co., Ltd./Longkou Longpeng Precise Copper Tube Co., Ltd./Xinxiang Longxiang Precise Copper Tube Co., Ltd./Coaxian Ailun Metal Processing Co., Ltd./Chonqing Longyu Precise Copper Tube Co., Ltd........................ ------------------------------------------------------------------------ Disclosure and Public Comment The Department intends to disclose to parties the calculations performed for these preliminary results of review 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 seven days after the date on which the final verification report is issued in this proceeding.\7\ 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.\8\ A table of contents, list of authorities used, and an executive summary of issues should accompany any briefs submitted to the Department. The summary should be limited to five pages total, including footnotes. --------------------------------------------------------------------------- \7\ See 19 CFR 351.309(c); see also 19 CFR 351.303 (for general filing requirements). \8\ See 19 CFR 351.309(d). --------------------------------------------------------------------------- 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.\9\ 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. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a date and time to be determined.\10\ Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. --------------------------------------------------------------------------- \9\ See 19 CFR 351.310(c). \10\ See 19 CFR 351.310(d). --------------------------------------------------------------------------- All submissions, with limited exceptions, must be filed electronically using ACCESS.\11\ 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.\12\ --------------------------------------------------------------------------- \11\ See generally 19 CFR 351.303. \12\ 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 Customs and Border Protection (``CBP'') shall assess, antidumping duties on all appropriate entries covered by this review.\13\ The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. In the event that the weighted-average dumping margin calculated for the GD Single Entity (the only individually examined respondent in this segment of the proceeding) 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).\14\ 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).\15\ 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.\16\ 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.\17\ --------------------------------------------------------------------------- \13\ See 19 CFR 351.212(b)(1). \14\ See Antidumping Proceedings: Calculation of the Weighted Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) (``Final Modification''). \15\ See 19 CFR 351.212(b)(1). \16\ Id. \17\ See Final Modification at 8103. --------------------------------------------------------------------------- On October 24, 2011, the Department announced a refinement to its assessment practice in NME antidumping duty cases.\18\ 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 [[Page 75971]] 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. --------------------------------------------------------------------------- \18\ 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 of this notice, 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 or reviewed 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 rate for the PRC-wide entity and (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: November 30, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix--List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Partial Rescission of Administrative Review V. Discussion of the Methodology A. Non-Market Economy Country Status B. Separate Rate C. Surrogate Country D. Date of Sale E. Fair Value Comparisons F. Determination of Comparison Method G. Export Price H. Constructed Export Price I. Normal Value J. Factor Valuations K. Currency Conversion VI. Recommendation [FR Doc. 2015-30792 Filed 12-4-15; 8:45 am] BILLING CODE 3510-DS-P
![75968 Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices
DATES: Effective Date: December 7, 2015. may enter under subheadings Net
FOR FURTHER INFORMATION CONTACT: 5806.31.00; 5806.32.20; 5806.39.20; Manufacturers/exporters countervailable
5806.39.30; 5808.90.00; 5810.91.00; subsidy rate
Toby Vandall, Office I, AD/CVD (percent)
Operations, Enforcement and 5810.99.90; 5903.90.10; 5903.90.25;
Compliance, International Trade 5907.00.60; and 5907.00.80 and under Changtai Rongshu Tex-
Administration, U.S. Department of statistical categories 5806.32.1080; tile Co., Ltd .................. 117.95
Commerce, 14th Street and Constitution 5810.92.9080; 5903.90.3090; and Yama Ribbons and Bows
Avenue NW., Washington, DC 20230; 6307.90.9889. The HTSUS statistical Co., Ltd ....................... 1.56
telephone: (202) 482–1664. All Others ........................ 1.56
categories and subheadings are provided
SUPPLEMENTARY INFORMATION: for convenience and customs purposes;
Notification Regarding Administrative
however, the written description of the
Background Protective Order
merchandise under the order is
On August 3, 2015, the Department dispositive.3 This notice serves as the only
initiated a sunset review of the CVD reminder to parties subject to
Order 1 on ribbons from the PRC Analysis of Comments Received administrative protective order (APO) of
pursuant to section 751(c) of the Tariff their responsibility concerning the
All issues raised in this review are return or destruction of proprietary
Act of 1930, as amended (the Act).2 On
addressed in the Issues and Decision information disclosed under APO in
August 14, 2015, the Department
received a notice of intent to participate Memorandum. The issues discussed in accordance with 19 CFR 351.305.
in the review on behalf of Berwick the Issues and Decision Memorandum Timely notification of return/
Offray LLC and its wholly-owned include the likelihood of continuation destruction of APO materials or
subsidiary Lion Ribbon Company, LLC or recurrence of a countervailable conversion to judicial protective order is
(collectively, Berwick Offray) within the subsidy and the net countervailable hereby requested. Failure to comply
deadline specified in 19 CFR subsidy likely to prevail if the CVD with the regulations and the terms of an
351.218(d)(1)(i). Berwick Offray claimed Order were revoked. Parties can find a APO is a sanctionable violation.
interested party status under section complete discussion of all issues raised The Department is issuing and
771(9)(C) of the Act, as domestic in this expedited sunset review and the publishing these final results and this
producers of the domestic like product. corresponding recommendations in this notice in accordance with sections
The Department received adequate public memorandum, which is on file 751(c), 752(b), and 777(i)(1) of the Act
substantive responses from the domestic electronically via the Enforcement and and 19 CFR 351.218.
industry within the 30-day deadline Compliance Antidumping and Dated: December 1, 2015.
specified in 19 CFR 351.218(d)(3)(i). Countervailing Duty Centralized Christian Marsh,
The Department did not receive a Electronic Service System (ACCESS). Deputy Assistant Secretary for Antidumping
substantive response from the ACCESS is available to registered users and Countervailing Duty Operations.
Government of the PRC or any at http://access.trade.gov and in the [FR Doc. 2015–30790 Filed 12–4–15; 8:45 am]
respondent interested party to the Central Records Unit, room B8024 of the BILLING CODE 3510–DS–P
proceeding. Because the Department main Department of Commerce
received no response from the building. In addition, a complete
respondent interested parties, the version of the Issues and Decision DEPARTMENT OF COMMERCE
Department conducted an expedited Memorandum can be accessed directly
review of this CVD Order, pursuant to International Trade Administration
on the Internet at http://enforcement.
section 751(c)(3)(B) of the Act and 19
trade.gov/frn/index.html. The signed [A–570–964]
CFR 351.218(e)(l)(ii)(B)(2) and (C)(2).
Issues and Decision Memorandum and
Scope of the Order the electronic versions of the Issues and Seamless Refined Copper Pipe and
Decision Memorandum are identical in Tube From the People’s Republic of
The merchandise subject to the order China: Preliminary Results and Partial
is narrow woven ribbons with woven content.
Rescission of Administrative Review;
selvedge, in any length, but with a Final Results of Review 2013–2014
width (measured at the narrowest span
of the ribbon) less than or equal to 12 Pursuant to sections 752(b)(1) and (3) AGENCY: Enforcement and Compliance,
centimeters, composed of, in whole or of the Act, we determine that revocation International Trade Administration,
in part, man-made fibers (whether of the CVD Order on ribbons from the Department of Commerce.
artificial or synthetic, including but not PRC would be likely to lead to SUMMARY: The Department of Commerce
limited to nylon, polyester, rayon, continuation or recurrence of a net (the ‘‘Department’’) is conducting the
polypropylene, and polyethylene countervailable subsidy at the rates fourth administrative review of the
teraphthalate), metal threads and/or listed below: antidumping duty order on seamless
metalized yarns, or any combination refined copper pipe and tube from the
thereof. The merchandise subject to this 3 A full description of the scope of the order is
People’s Republic of China (‘‘PRC’’),
order is classifiable under the HTSUS contained in the memorandum to Christian Marsh, covering the period November 1, 2013,
statistical categories 5806.32.1020; Deputy Assistant Secretary for Antidumping and through October 31, 2014. The
Countervailing Duty Operations, from Gary
mstockstill on DSK4VPTVN1PROD with NOTICES
5806.32.1030; 5806.32.1050 and Department preliminarily determines
Taverman, Associate Deputy Assistant Secretary for
5806.32.1060. Subject merchandise also Antidumping and Countervailing Duty Operations,
that, during the period of review
‘‘Issues and Decision Memorandum for the Final (‘‘POR’’), respondent Golden Dragon
1 See Narrow Woven Ribbons with Woven
Results of the Expedited First Sunset Review of the Precise Copper Tube Group, Inc., Hong
Selvedge from the People’s Republic of China: Countervailing Duty Order on Narrow Woven Kong GD Trading Co., Ltd., and Golden
Countervailing Duty Order, 75 FR 53642 (September Ribbons with Woven Selvedge from the People’s
1, 2010) (CVD Order). Republic of China’’ (Issues and Decision
Dragon Holding (Hong Kong)
2 See Initiation of Five-Year (‘‘Sunset’’) Review, 80 Memorandum), dated concurrently with these International, Ltd. and eight affiliated
FR 45945 (August 3, 2015). results and hereby adopted by this notice. producers that comprise the GD Single
VerDate Sep<11>2014 18:36 Dec 04, 2015 Jkt 238001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\07DEN1.SGM 07DEN1](https://thefederalregister.org/doc/80_FR_76202/page/1.svg)
![Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices 75971
to this refinement, if the Department subsequent assessment of double Background
determines that an exporter under antidumping duties.
review had no shipments of the subject We are issuing and publishing these On September 21, 2010, the
merchandise, any suspended entries results in accordance with sections Department published the CVD Order
that entered under that exporter’s case 751(a)(1) and 777(i)(1) of the Act and 19 on MCBs from the PRC.1 On August 3,
number will be liquidated at the PRC- CFR 351.213. 2015, the Department published a notice
wide rate. of initiation of the first sunset review of
Dated: November 30, 2015. the CVD Order on MCBs from the PRC
In accordance with section
Christian Marsh, pursuant to section 751(c)(2) of the
751(a)(2)(C) of the Act, the final results
of this review shall be the basis for the Deputy Assistant Secretary for Antidumping Tariff Act of 1930, as amended (the
and Countervailing Duty Operations. Act).2 On August 18, 2015, the Magnesia
assessment of antidumping duties on
entries of merchandise covered by the Appendix—List of Topics Discussed in Carbon Bricks Fair Trade Committee
final results of this review and for future the Preliminary Decision Memorandum (the Committee) filed a notice of intent
deposits of estimated duties, where to participate in the review.3 The
I. Summary Committee claimed interested party
applicable. II. Background status pursuant to section 771(9)(C) of
Cash Deposit Requirements III. Scope of the Order
IV. Partial Rescission of Administrative
the Act.
The Department will instruct CBP to Review The Department received an adequate
require a cash deposit equal to the V. Discussion of the Methodology substantive response from the domestic
weighted-average amount by which the A. Non-Market Economy Country Status industry within the 30-day deadline
normal value exceeds U.S. price. The B. Separate Rate specified in 19 CFR 351.218(d)(3)(i).
following cash deposit requirements C. Surrogate Country The Department did not receive a
will be effective upon publication of the D. Date of Sale response from the Government of the
final results of this administrative E. Fair Value Comparisons
PRC (GOC) or any respondent interested
review for shipments of the subject F. Determination of Comparison Method
G. Export Price party to the proceeding. As a result,
merchandise from the PRC entered, or pursuant to section 751(c)(3)(B) of the
H. Constructed Export Price
withdrawn from warehouse, for I. Normal Value Act and 19 CFR 351.218(e)(l)(ii)(B)(2)
consumption on or after the publication J. Factor Valuations and (C)(2), the Department conducted
date of this notice, as provided by K. Currency Conversion an expedited review of this CVD Order
section 751(a)(2)(C) of the Act: (1) For VI. Recommendation on MCBs.
the exporters listed above, the cash [FR Doc. 2015–30792 Filed 12–4–15; 8:45 am]
deposit rate will be equal to the Scope of the Order
BILLING CODE 3510–DS–P
weighted-average dumping margin The merchandise subject to this CVD
established in the final results of this Order includes certain chemically-
review (except, if the rate is zero or de DEPARTMENT OF COMMERCE bonded (resin or pitch), magnesia
minimis, then the cash deposit rate will carbon bricks. Certain magnesia carbon
be zero for that exporter); (2) for International Trade Administration bricks that are the subject of this order
previously investigated or reviewed PRC are currently classifiable under
and non-PRC exporters not listed above [C–570–955]
subheadings 6902.10.1000,
that have separate rates, the cash Certain Magnesia Carbon Bricks From 6902.10.5000, 6815.91.0000,
deposit rate will continue to be the the People’s Republic of China: Final 6815.99.2000 and 6815.99.4000 of the
exporter-specific rate published for the Results of Expedited First Sunset Harmonized Tariff Schedule of the
most recently completed segment of this Review of the Countervailing Duty United States (HTSUS). While HTSUS
proceeding; (3) for all PRC exporters of Order subheadings are provided for
subject merchandise which have not convenience and customs purposes, the
been found to be entitled to a separate AGENCY: Enforcement and Compliance, written description is dispositive. The
rate, the cash deposit rate will be the International Trade Administration, Issues and Decision Memorandum,
rate for the PRC-wide entity and (4) for Department of Commerce. which is hereby adopted by this notice,
all non-PRC exporters of subject SUMMARY: The Department of Commerce provides a full description of the scope
merchandise that have not received (Department) finds that revocation of of the order.4
their own rate, the cash deposit rate will the countervailing duty (CVD) order on
be the rate applicable to the PRC certain magnesia carbon bricks (MCBs) 1 See Certain Magnesia Carbon Bricks from the
exporter that supplied that non-PRC from the People’s Republic of China People’s Republic of China: Countervailing Duty
exporter. These deposit requirements, (PRC) would be likely to lead to Order, 75 FR 57442 (September 21, 2010) (CVD
when imposed, shall remain in effect continuation or recurrence of a Order).
2 See Initiation of Five-Year ‘‘Sunset’’ Reviews, 80
until further notice. countervailable subsidy at the levels FR 45945 (August 3, 2015).
Notification to Importers indicated in the ‘‘Final Results of Sunset 3 See Letter to the Department, ‘‘First Five-Year
Review’’ section of this notice. (‘‘Sunset’’) Review of Countervailing Duty Order on
This notice also serves as a Magnesia Carbon Bricks From The People’s
DATES: Effective Date: December 7, 2015.
preliminary reminder to importers of Republic of China: Domestic Industry’s Notice of
their responsibility under 19 CFR FOR FURTHER INFORMATION CONTACT: Intent to Participate In Sunset Review,’’ (August 18,
Jacqueline Arrowsmith, Office VII, AD/ 2015). The Committee is an ad hoc association of
mstockstill on DSK4VPTVN1PROD with NOTICES
351.402(f)(2) to file a certificate
CVD Operations, Enforcement and three U.S. producers of MCBs: Resco Products, Inc.,
regarding the reimbursement of Magnesita Refractories Company, and Harbison
antidumping duties prior to liquidation Compliance, International Trade Walker International, Inc.
of the relevant entries during this POR. Administration, U.S. Department of 4 See Department Memorandum, ‘‘Issues and
Failure to comply with this requirement Commerce, 14th Street and Constitution Decision Memorandum for the Final Results of the
Avenue NW., Washington, DC 20230; Expedited First Sunset Review of the
could result in the Department’s Countervailing Duty Order on Certain Magnesia
presumption that reimbursement of telephone (202) 482–5255. Carbon Bricks from the People’s Republic of
antidumping duties occurred and the SUPPLEMENTARY INFORMATION: China,’’ dated concurrently with this notice.
VerDate Sep<11>2014 18:36 Dec 04, 2015 Jkt 238001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\07DEN1.SGM 07DEN1](https://thefederalregister.org/doc/80_FR_76202/page/4.svg)
Document Created: 2015-12-14 13:30:18
Document Modified: 2015-12-14 13:30:18
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Drew Jackson, AD/CVD Operations, Office IV, Enforcement & Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: 482-4406. | |
| FR Citation | 80 FR 75968 |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR