81_FR_12924 81 FR 12876 - Furfuryl Alcohol From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015

81 FR 12876 - Furfuryl Alcohol From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 48 (March 11, 2016)

Page Range12876-12878
FR Document2016-05554

The Department of Commerce (``Department'') is conducting an administrative review of the antidumping duty order on furfuryl alcohol from the People's Republic of China (``PRC''). The period of review (``POR'') is June 1, 2014, through May 31, 2015. The review covers one exporter of subject merchandise.\1\ The Department preliminarily finds that the mandatory respondent, Qingdao WenKem Co., Ltd. (``WenKem''), has not demonstrated that it is eligible for a separate rate in this segment of the proceeding, and therefore, for the preliminary results, we are treating it as part of the PRC-wide entity. ---------------------------------------------------------------------------

Federal Register, Volume 81 Issue 48 (Friday, March 11, 2016)
[Federal Register Volume 81, Number 48 (Friday, March 11, 2016)]
[Notices]
[Pages 12876-12878]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05554]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-835]


Furfuryl Alcohol From the People's Republic of China: Preliminary 
Results of Antidumping Duty Administrative Review; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Commerce.
SUMMARY: The Department of Commerce (``Department'') is conducting an 
administrative review of the antidumping duty order on furfuryl alcohol 
from the People's Republic of China (``PRC''). The period of review 
(``POR'') is June 1, 2014, through May 31, 2015. The review covers one 
exporter of subject merchandise.\1\ The Department preliminarily finds 
that the mandatory respondent, Qingdao WenKem Co., Ltd. (``WenKem''), 
has not demonstrated that it is eligible for a separate rate in this 
segment of the proceeding, and therefore, for the preliminary results, 
we are treating it as part of the PRC-wide entity.
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 80 FR 45947 (August 3, 2015) (``Initiation 
Notice'').

---------------------------------------------------------------------------
DATES: Effective March 11, 2016.

FOR FURTHER INFORMATION CONTACT: Mandy Mallott, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6430.

SUPPLEMENTARY INFORMATION: 

Background

    On August 3, 2015, the Department initiated the first 
administrative review of the antidumping duty order on furfuryl alcohol 
from the PRC.\2\ On September 8, 2015, the Department issued an 
antidumping questionnaire to WenKem. WenKem submitted an entry of 
appearance on September 30, 2015, and on October 22, 2015, WenKem 
submitted a letter to the Department stating that it did not export 
furfuryl alcohol to the United States during the POR.\3\ However, U.S. 
Customs and

[[Page 12877]]

Border Protection (``CBP'') import data on the record of this 
administrative review indicate that WenKem did have exports of subject 
merchandise to the United States during the POR.\4\ Additionally, 
PennAKem LLC (``Petitoner'') placed publicly available information on 
the record of this administrative review indicating that WenKem 
exported furfuryl alcohol to the United States during the POR.\5\ 
WenKem did not comment on either the CBP import data or the information 
placed on the record by the Petitioner (both of which were on the 
record prior to WenKem's statement that it had no shipments of furfuryl 
alcohol to the United States during the POR).
---------------------------------------------------------------------------

    \2\ See Initiation Notice.
    \3\ See letters from WenKem, ``ENTRY OF APPEARANCE A-570-835, 
Administrative Review of the Antidumping Order on Furfuryl Alcohol 
from the People's Republic of China (PRC) for the Period 6/1/2014 
through 5/31/2015,'' dated September 30, 2015, and ``Administrative 
Review of the Antidumping Order on Furfuryl Alcohol from the 
People's Republic of China (PRC) for the Period 6/1/2014 through 5/
31/2015,'' dated October 22, 2015.
    \4\ See letter from the Department, ``2014-2015 Administrative 
Review of the Antidumping Duty Order on Furfuryl Alcohol from the 
People's Republic of China: U.S. Customs and Border Protection 
Import Data, for Use in Respondent Selection,'' dated August 19, 
2015 (``CBP Import Data'').
    \5\ See letter from Petitioner, '' Furfuryl Alcohol from the PRC 
Administrative Review (06.01.14-05.31.15): Evidentiary Submission,'' 
dated October 13, 2015.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by this order is furfuryl alcohol 
(C4H3OCH2OH). Furfuryl alcohol is a 
primary alcohol, and is colorless or pale yellow in appearance. It is 
used in the manufacture of resins and as a wetting agent and solvent 
for coating resins, nitrocellulose, cellulose acetate, and other 
soluble dyes. The product subject to this order is classifiable under 
subheading 2932.13.00 \6\ of the Harmonized Tariff Schedule of the 
United States (``HTSUS''). Although the HTSUS subheading is provided 
for convenience and customs purposes, our written description of the 
scope is dispositive.
---------------------------------------------------------------------------

    \6\ 29 (``Organic Chemicals''); .32 (``Heterocyclic compounds 
with oxygen hetero-atom(s) only: Compounds containing an unfused 
furan ring (whether or not hydrogenated) in the structure:''); 
.13.00 (``Furfuryl alcohol and tetrahydrofurfuryl alcohol'').
---------------------------------------------------------------------------

Nonmarket Economy Country

    The Department considers the PRC to be an nonmarket economy 
(``NME'') country.\7\ In accordance with section 771(18)(C)(i) of the 
Tariff Act of 1930, as amended (``the Act''), any determination that a 
foreign country is an NME country shall remain in effect until revoked 
by the administering authority. Therefore, we continue to treat the PRC 
as an NME country for purposes of these preliminary results.
---------------------------------------------------------------------------

    \7\ See, e.g., Certain Kitchen Appliance Shelving and Racks From 
the People's Republic of China: Preliminary Results of the First 
Administrative Review, Preliminary Rescission, in Part, and 
Extension of Time Limits for the Final Results, 76 FR 62765, 62767-
68 (October 11, 2011), unchanged in Certain Kitchen Appliance 
Shelving and Racks From the People's Republic of China: Final 
Results and Partial Rescission of First Antidumping Duty 
Administrative Review, 77 FR 21734 (April 11, 2012).
---------------------------------------------------------------------------

Application of Separate Rates in NME Proceedings

    In the Initiation Notice, the Department notified parties of the 
application process by which exporters may obtain separate rate status 
in an NME proceeding.\8\ It is the Department's policy to assign all 
exporters of the merchandise subject to review in NME countries a 
single rate unless an exporter can affirmatively demonstrate an absence 
of government control, both in law (de jure) and in fact (de facto), 
with respect to exports. To establish whether a company is sufficiently 
independent to be entitled to a separate, company-specific rate, the 
Department analyzes each exporting entity in an NME country under the 
test established in Sparklers,\9\ as further developed by Silicon 
Carbide.\10\ However, if the Department determines that a company is 
wholly foreign-owned, then an analysis of the de jure and de facto 
criteria is not necessary to determine whether it is independent from 
government control.\11\
---------------------------------------------------------------------------

    \8\ See Initiation Notice.
    \9\ See Final Determination of Sales at Less Than Fair Value: 
Sparklers From the People's Republic of China, 56 FR 20588 (May 6, 
1991) (``Sparklers'').
    \10\ See Notice of Final Determination of Sales at Less Than 
Fair Value: Silicon Carbide From the People's Republic of China, 59 
FR 22585 (May 2, 1994) (``Silicon Carbide'').
    \11\ See, e.g., Final Results of Antidumping Duty Administrative 
Review: Petroleum Wax Candles From the People's Republic of China, 
72 FR 52355, 52356 (September 13, 2007).
---------------------------------------------------------------------------

Separate Rates

    Although WenKem reported it had no shipments of furfuryl alcohol to 
the United States during the POR, we received a response from CBP 
contrary to this claim.\12\ Because WenKem did not address evidence 
contrary to its no shipments claim (i.e., that it in fact shipped 
subject merchandise to the United States during the POR), the 
uncontroverted evidence on the record of this segment of the proceeding 
is that this company had shipments of subject merchandise to the United 
States during the POR and, thus, is properly under review. Furthermore, 
WenKem did not submit a separate rate application or certification to 
demonstrate that it was eligible to receive a separate rate. Thus, 
consistent with our practice in NME proceedings discussed above, we are 
treating WenKem as part of the PRC-wide entity for the preliminary 
results of this review. In this regard, we note that our determination 
with respect to WenKem is not the result of adverse facts available.
---------------------------------------------------------------------------

    \12\ See CBP Import Data.
---------------------------------------------------------------------------

PRC-Wide Entity

    The Department's change in policy regarding conditional review of 
the PRC-wide entity applies to this administrative review.\13\ 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., 45.27 percent).
---------------------------------------------------------------------------

    \13\ 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).
---------------------------------------------------------------------------

Preliminary Results of Review

    The Department preliminarily determines that Qingdao WenKem Co., 
Ltd. is part of the PRC-wide entity and that the following weighted-
average dumping margin applies for the period June 1, 2014, through May 
31, 2015:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
PRC-Wide Entity.........................................           45.27
------------------------------------------------------------------------

Public Comment and Opportunity To Request a Hearing

    Interested parties may submit case briefs within 30 days after the 
date of publication of these preliminary results of review in the 
Federal Register.\14\ Rebuttals to case 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.\15\ Parties who submit 
arguments are requested to submit with the argument (a) a statement of 
the issue, (b) a brief summary of the argument, and (c) a table of 
authorities.\16\ Parties submitting briefs should do so pursuant to the 
Department's electronic filing system, ACCESS.\17\
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.309(c)(1)(ii).
    \15\ See 19 CFR 351.309(d)(1)-(2).
    \16\ See 19 CFR 351.309(c)(2), (d)(2).
    \17\ See 19 CFR 351.303 (for general filing requirements).
---------------------------------------------------------------------------

    Any interested party may request a hearing within 30 days of 
publication of

[[Page 12878]]

this notice.\18\ 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 presentations will be limited to issues raised in the 
briefs. If a request for a hearing is made, parties will be notified of 
the time and date for the hearing to be held at the U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230.\19\
---------------------------------------------------------------------------

    \18\ See 19 CFR 351.310(c).
    \19\ 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 case briefs, within 120 days of publication 
of these preliminary results in the Federal Register, pursuant to 
section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review. The Department intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) As described 
above, we preliminarily determine that WenKem is not eligible for a 
separate rate, and therefore, as part of the PRC-wide entity, its 
exports to the U.S. are subject to the PRC-wide rate of 45.27 percent; 
(2) for previously investigated or reviewed PRC and non-PRC exporters 
who are not under review in this segment of the proceeding but who have 
separate rates, the cash deposit rate will continue to be the exporter-
specific rate published for the most recent period; (3) for all PRC 
exporters of subject merchandise that have not been found to be 
entitled to a separate rate, the cash deposit rate will be the PRC-wide 
rate of 45.27 percent; 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(s) 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 off antidumping duties prior to liquidation 
of the relevant entries during this period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This administrative review and notice are in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213.

     Dated: March 7, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-05554 Filed 3-10-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                    12876                           Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Notices

                                                    location of the hearing two days before                 this review, a prior review, or the                   V. Recommendation
                                                    the scheduled date.                                     original investigation, but the                       [FR Doc. 2016–05570 Filed 3–10–16; 8:45 am]
                                                       The Department intends to issue the                  manufacturer is, the cash deposit rate                BILLING CODE 3510–DS–P
                                                    final results of this administrative                    will be the rate established for the most
                                                    review, including the results of its                    recent period for the manufacturer of
                                                    analysis of issues raised in any written                the merchandise; and (4) the cash                     DEPARTMENT OF COMMERCE
                                                    briefs, not later than 120 days after the               deposit rate for all other manufacturers
                                                    date of publication of this notice, unless              or exporters will continue to be 11.80                International Trade Administration
                                                    the deadline is extended.7                              percent, the all-others rate established              [A–570–835]
                                                    Assessment Rates                                        in the less-than-fair-value
                                                                                                            investigation.10 These requirements,                  Furfuryl Alcohol From the People’s
                                                       Upon issuance of the final results, the              when imposed, shall remain in effect                  Republic of China: Preliminary Results
                                                    Department shall determine, and U.S.                    until further notice.                                 of Antidumping Duty Administrative
                                                    Customs and Border Protection (CBP)                                                                           Review; 2014–2015
                                                    shall assess, antidumping duties on all                 Notification to Importers
                                                    appropriate entries covered by this                                                                           AGENCY:   Enforcement and Compliance,
                                                                                                               This notice also serves as a                       International Trade Administration,
                                                    review.8
                                                       We calculated importer-specific ad                   preliminary reminder to importers of                  Commerce.
                                                    valorem duty assessment rates based on                  their responsibility under 19 CFR                     SUMMARY: The Department of Commerce
                                                    the ratio of the total amount of                        351.402(f) to file a certificate regarding            (‘‘Department’’) is conducting an
                                                    antidumping duties calculated for the                   the reimbursement of antidumping and/                 administrative review of the
                                                    examined sales to the total entered                     or countervailing duties prior to                     antidumping duty order on furfuryl
                                                    value of the examined sales to that                     liquidation of the relevant entries                   alcohol from the People’s Republic of
                                                    importer. We will instruct CBP to assess                during this review period. Failure to                 China (‘‘PRC’’). The period of review
                                                    antidumping duties on all appropriate                   comply with this requirement could                    (‘‘POR’’) is June 1, 2014, through May
                                                    entries covered by this review when the                 result in the Secretary’s presumption                 31, 2015. The review covers one
                                                    importer-specific assessment rate                       that reimbursement of antidumping                     exporter of subject merchandise.1 The
                                                    calculated in the final results of this                 duties and/or countervailing duties                   Department preliminarily finds that the
                                                    review is above de minimis. Where                       occurred and the subsequent assessment                mandatory respondent, Qingdao
                                                    either the exporter’s weighted-average                  of double antidumping duties.                         WenKem Co., Ltd. (‘‘WenKem’’), has not
                                                    dumping margin is zero or de minimis,                      We are issuing and publishing these                demonstrated that it is eligible for a
                                                    or the importer-specific assessment rate                results in accordance with sections                   separate rate in this segment of the
                                                    is zero or de minimis, we will instruct                 751(a)(1) and 777(i)(1) of the Act, and 19            proceeding, and therefore, for the
                                                    CBP to liquidate the appropriate entries                CFR 351.221(b)(4).                                    preliminary results, we are treating it as
                                                    without regard to antidumping duties.9                    Dated: March 4, 2016.                               part of the PRC-wide entity.
                                                       We intend to issue instructions to                   Paul Piquado,
                                                                                                                                                                  DATES: Effective March 11, 2016.
                                                    CBP 15 days after the publication date                                                                        FOR FURTHER INFORMATION CONTACT:
                                                                                                            Assistant Secretary for Enforcement and
                                                    of the final results of this review.                    Compliance.                                           Mandy Mallott, AD/CVD Operations,
                                                    Cash Deposit Requirements                                                                                     Office III, Enforcement and Compliance,
                                                                                                            Appendix                                              International Trade Administration,
                                                       The following cash deposit                                                                                 U.S. Department of Commerce, 14th
                                                                                                            List of Topics Discussed in the Preliminary
                                                    requirements will be effective for all                                                                        Street and Constitution Avenue NW.,
                                                                                                            Decision Memorandum
                                                    shipments of the subject merchandise                                                                          Washington, DC 20230; telephone: (202)
                                                    entered, or withdrawn from warehouse,                   I. Summary
                                                                                                            II. Background                                        482–6430.
                                                    for consumption on or after the                                                                               SUPPLEMENTARY INFORMATION:
                                                                                                            III. Scope of the Order
                                                    publication date of the final results of
                                                                                                            IV. Discussion of the Methodology
                                                    this administrative review, as provided                                                                       Background
                                                                                                               A. NV Comparisons
                                                    by section 751(a)(2)(C) of the Act: (1)                    1. Determination of Comparison Method                 On August 3, 2015, the Department
                                                    The cash deposit rate for LGE will be                      2. Results of the Differential Pricing             initiated the first administrative review
                                                    the rate established in the final results                     Analysis                                        of the antidumping duty order on
                                                    of this review, except if the rate is less                 B. Product Comparisons                             furfuryl alcohol from the PRC.2 On
                                                    than 0.50 percent and, therefore, de                       C. EP and CEP                                      September 8, 2015, the Department
                                                    minimis within the meaning of 19 CFR                       D. NV                                              issued an antidumping questionnaire to
                                                    351.106(c)(1), in which case the cash                      1. Home Market Viability and Selection of          WenKem. WenKem submitted an entry
                                                    deposit rate will be zero; (2) for                            Comparison Market                               of appearance on September 30, 2015,
                                                    previously reviewed or investigated                        2. Affiliated Party Transactions and Arm’s-
                                                                                                                                                                  and on October 22, 2015, WenKem
                                                    companies not participating in this                           Length Test
                                                                                                               3. Level of Trade (LOT)
                                                                                                                                                                  submitted a letter to the Department
                                                    review, the cash deposit rate will                                                                            stating that it did not export furfuryl
                                                                                                               E. Cost of Production (COP) Analysis
                                                    continue to be the company-specific rate                                                                      alcohol to the United States during the
                                                                                                               1. Calculation of COP
                                                    published for the most recent period; (3)                  2. Test of Comparison Market Sales Prices          POR.3 However, U.S. Customs and
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    if the exporter is not a firm covered in                   3. Results of the COP Test
                                                                                                                                                                    1 See Initiation of Antidumping and
                                                                                                               F. Calculation of NV Based on Comparison
                                                      7 See section 751(a)(3)(A) of the Act and 19 CFR                                                            Countervailing Duty Administrative Reviews, 80 FR
                                                                                                                  Market Prices
                                                    351.213(h).                                                                                                   45947 (August 3, 2015) (‘‘Initiation Notice’’).
                                                      8 See 19 CFR 351.212(b).
                                                                                                               G. Calculation of NV Based on CV                     2 See Initiation Notice.
                                                      9 See Antidumping Proceedings: Calculation of
                                                                                                               H. Currency Conversion                               3 See letters from WenKem, ‘‘ENTRY OF

                                                    the Weighted-Average Dumping Margin and                                                                       APPEARANCE A–570–835, Administrative Review
                                                    Assessment Rate in Certain Antidumping Duty               10 See Large Residential Washers From Mexico        of the Antidumping Order on Furfuryl Alcohol from
                                                    Proceedings; Final Modification, 77 FR 8101, 8103       and the Republic of Korea: Antidumping Duty           the People’s Republic of China (PRC) for the Period
                                                    (February 14, 2012); 19 CFR 351.106(c)(2).              Orders, 78 FR 11148 (February 15, 2013).              6/1/2014 through 5/31/2015,’’ dated September 30,



                                               VerDate Sep<11>2014   17:56 Mar 10, 2016   Jkt 238001   PO 00000   Frm 00019   Fmt 4703   Sfmt 4703   E:\FR\FM\11MRN1.SGM   11MRN1


                                                                                    Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Notices                                                  12877

                                                    Border Protection (‘‘CBP’’) import data                 771(18)(C)(i) of the Tariff Act of 1930, as           proceedings discussed above, we are
                                                    on the record of this administrative                    amended (‘‘the Act’’), any determination              treating WenKem as part of the PRC-
                                                    review indicate that WenKem did have                    that a foreign country is an NME                      wide entity for the preliminary results
                                                    exports of subject merchandise to the                   country shall remain in effect until                  of this review. In this regard, we note
                                                    United States during the POR.4                          revoked by the administering authority.               that our determination with respect to
                                                    Additionally, PennAKem LLC                              Therefore, we continue to treat the PRC               WenKem is not the result of adverse
                                                    (‘‘Petitoner’’) placed publicly available               as an NME country for purposes of these               facts available.
                                                    information on the record of this                       preliminary results.
                                                    administrative review indicating that                                                                         PRC-Wide Entity
                                                                                                            Application of Separate Rates in NME                     The Department’s change in policy
                                                    WenKem exported furfuryl alcohol to
                                                                                                            Proceedings                                           regarding conditional review of the
                                                    the United States during the POR.5
                                                    WenKem did not comment on either the                       In the Initiation Notice, the                      PRC-wide entity applies to this
                                                    CBP import data or the information                      Department notified parties of the                    administrative review.13 Under this
                                                    placed on the record by the Petitioner                  application process by which exporters                policy, the PRC-wide entity will not be
                                                    (both of which were on the record prior                 may obtain separate rate status in an                 under review unless a party specifically
                                                    to WenKem’s statement that it had no                    NME proceeding.8 It is the Department’s               requests, or the Department self-
                                                    shipments of furfuryl alcohol to the                    policy to assign all exporters of the                 initiates, a review of the entity. Because
                                                    United States during the POR).                          merchandise subject to review in NME                  no party requested a review of the PRC-
                                                                                                            countries a single rate unless an                     wide entity in this review, the entity is
                                                    Scope of the Order                                      exporter can affirmatively demonstrate                not under review, and the entity’s rate
                                                      The merchandise covered by this                       an absence of government control, both                is not subject to change (i.e., 45.27
                                                    order is furfuryl alcohol (C4H3OCH2OH).                 in law (de jure) and in fact (de facto),              percent).
                                                    Furfuryl alcohol is a primary alcohol,                  with respect to exports. To establish
                                                    and is colorless or pale yellow in                      whether a company is sufficiently                     Preliminary Results of Review
                                                    appearance. It is used in the                           independent to be entitled to a separate,               The Department preliminarily
                                                    manufacture of resins and as a wetting                  company-specific rate, the Department                 determines that Qingdao WenKem Co.,
                                                    agent and solvent for coating resins,                   analyzes each exporting entity in an                  Ltd. is part of the PRC-wide entity and
                                                    nitrocellulose, cellulose acetate, and                  NME country under the test established                that the following weighted-average
                                                    other soluble dyes. The product subject                 in Sparklers,9 as further developed by                dumping margin applies for the period
                                                    to this order is classifiable under                     Silicon Carbide.10 However, if the                    June 1, 2014, through May 31, 2015:
                                                    subheading 2932.13.00 6 of the                          Department determines that a company
                                                    Harmonized Tariff Schedule of the                       is wholly foreign-owned, then an                                                            Weighted-
                                                    United States (‘‘HTSUS’’). Although the                 analysis of the de jure and de facto                                                         average
                                                    HTSUS subheading is provided for                        criteria is not necessary to determine                            Exporter                  dumping
                                                                                                                                                                                                         margin
                                                    convenience and customs purposes, our                   whether it is independent from                                                              (percent)
                                                    written description of the scope is                     government control.11
                                                    dispositive.                                                                                                  PRC-Wide Entity ...................         45.27
                                                                                                            Separate Rates
                                                    Nonmarket Economy Country                                  Although WenKem reported it had no                 Public Comment and Opportunity To
                                                      The Department considers the PRC to                   shipments of furfuryl alcohol to the                  Request a Hearing
                                                    be an nonmarket economy (‘‘NME’’)                       United States during the POR, we
                                                    country.7 In accordance with section                    received a response from CBP contrary                    Interested parties may submit case
                                                                                                            to this claim.12 Because WenKem did                   briefs within 30 days after the date of
                                                    2015, and ‘‘Administrative Review of the                not address evidence contrary to its no               publication of these preliminary results
                                                    Antidumping Order on Furfuryl Alcohol from the          shipments claim (i.e., that it in fact                of review in the Federal Register.14
                                                    People’s Republic of China (PRC) for the Period 6/
                                                                                                            shipped subject merchandise to the                    Rebuttals to case briefs, which must be
                                                    1/2014 through 5/31/2015,’’ dated October 22, 2015.                                                           limited to issues raised in the case
                                                       4 See letter from the Department, ‘‘2014–2015        United States during the POR), the
                                                    Administrative Review of the Antidumping Duty           uncontroverted evidence on the record                 briefs, must be filed within five days
                                                    Order on Furfuryl Alcohol from the People’s             of this segment of the proceeding is that             after the time limit for filing case
                                                    Republic of China: U.S. Customs and Border
                                                                                                            this company had shipments of subject                 briefs.15 Parties who submit arguments
                                                    Protection Import Data, for Use in Respondent                                                                 are requested to submit with the
                                                    Selection,’’ dated August 19, 2015 (‘‘CBP Import        merchandise to the United States during
                                                    Data’’).                                                the POR and, thus, is properly under                  argument (a) a statement of the issue, (b)
                                                       5 See letter from Petitioner, ’’ Furfuryl Alcohol
                                                                                                            review. Furthermore, WenKem did not                   a brief summary of the argument, and (c)
                                                    from the PRC Administrative Review (06.01.14–
                                                                                                            submit a separate rate application or                 a table of authorities.16 Parties
                                                    05.31.15): Evidentiary Submission,’’ dated October                                                            submitting briefs should do so pursuant
                                                    13, 2015.                                               certification to demonstrate that it was
                                                       6 29 (‘‘Organic Chemicals’’); .32 (‘‘Heterocyclic    eligible to receive a separate rate. Thus,            to the Department’s electronic filing
                                                    compounds with oxygen hetero-atom(s) only:              consistent with our practice in NME                   system, ACCESS.17
                                                    Compounds containing an unfused furan ring                                                                       Any interested party may request a
                                                    (whether or not hydrogenated) in the structure:’’);       8 See Initiation Notice.
                                                                                                                                                                  hearing within 30 days of publication of
                                                    .13.00 (‘‘Furfuryl alcohol and tetrahydrofurfuryl
                                                                                                              9 See Final Determination of Sales at Less Than
                                                    alcohol’’).                                                                                                     13 See Antidumping Proceedings: Announcement
                                                                                                            Fair Value: Sparklers From the People’s Republic of
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                       7 See, e.g., Certain Kitchen Appliance Shelving
                                                                                                            China, 56 FR 20588 (May 6, 1991) (‘‘Sparklers’’).     of Change in Department Practice for Respondent
                                                    and Racks From the People’s Republic of China:
                                                                                                              10 See Notice of Final Determination of Sales at    Selection in Antidumping Duty Proceedings and
                                                    Preliminary Results of the First Administrative
                                                                                                            Less Than Fair Value: Silicon Carbide From the        Conditional Review of the Nonmarket Economy
                                                    Review, Preliminary Rescission, in Part, and
                                                                                                            People’s Republic of China, 59 FR 22585 (May 2,       Entity in NME Antidumping Duty Proceedings, 78
                                                    Extension of Time Limits for the Final Results, 76
                                                                                                            1994) (‘‘Silicon Carbide’’).                          FR 65963 (November 4, 2013).
                                                    FR 62765, 62767–68 (October 11, 2011), unchanged                                                                14 See 19 CFR 351.309(c)(1)(ii).
                                                                                                              11 See, e.g., Final Results of Antidumping Duty
                                                    in Certain Kitchen Appliance Shelving and Racks
                                                                                                                                                                    15 See 19 CFR 351.309(d)(1)–(2).
                                                    From the People’s Republic of China: Final Results      Administrative Review: Petroleum Wax Candles
                                                    and Partial Rescission of First Antidumping Duty        From the People’s Republic of China, 72 FR 52355,       16 See 19 CFR 351.309(c)(2), (d)(2).

                                                    Administrative Review, 77 FR 21734 (April 11,           52356 (September 13, 2007).                             17 See 19 CFR 351.303 (for general filing

                                                    2012).                                                    12 See CBP Import Data.                             requirements).



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                                                    12878                             Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Notices

                                                    this notice.18 Hearing requests should                    shall remain in effect until further                  6852168931907017731. After
                                                    contain the following information:                        notice.                                               registering, you will receive a
                                                    (1) The party’s name, address, and                                                                              confirmation email containing
                                                                                                              Notification to Importers
                                                    telephone number; (2) the number of                                                                             information about joining the webinar.
                                                    participants; and (3) a list of the issues                  This notice also serves as a
                                                                                                              preliminary reminder to importers of                  Agenda
                                                    to be discussed. Oral presentations will
                                                    be limited to issues raised in the briefs.                their responsibility under 19 CFR                        Staff will start the meeting with
                                                    If a request for a hearing is made, parties               351.402(f)(2) to file a certificate                   introductions. The review panel will
                                                    will be notified of the time and date for                 regarding the reimbursement off                       review the 2014/15 spiny lobster
                                                    the hearing to be held at the U.S.                        antidumping duties prior to liquidation               landings and the 2015 Spiny Lobster
                                                    Department of Commerce, 14th Street                       of the relevant entries during this                   Review Panel Report. The review panel
                                                    and Constitution Avenue NW.,                              period. Failure to comply with this                   will also review landings, effort,
                                                    Washington, DC 20230.19                                   requirement could result in the                       projections and commercial reporting
                                                       The Department intends to issue the                    Secretary’s presumption that                          requirements. The review panel will
                                                    final results of this administrative                      reimbursement of antidumping duties                   then discuss the 2014/2015 Annual
                                                    review, which will include the results of                 occurred and the subsequent assessment                Catch Target (ACT) overage.
                                                    our analysis of all issues raised in the                  of double antidumping duties.                         —Meeting Adjourns—
                                                    case briefs, within 120 days of                             This administrative review and notice                  The Agenda is subject to change, and
                                                    publication of these preliminary results                  are in accordance with sections                       the latest version along with other
                                                    in the Federal Register, pursuant to                      751(a)(1) and 777(i) of the Act and 19                meeting materials will be posted on the
                                                    section 751(a)(3)(A) of the Act.                          CFR 351.213.                                          Council’s file server. To access the file
                                                                                                                Dated: March 7, 2016.                               server, the URL is https://
                                                    Assessment Rates                                                                                                public.gulfcouncil.org:5001/webman/
                                                                                                              Paul Piquado,
                                                       Upon issuance of the final results, the                                                                      index.cgi, or go to the Council’s Web
                                                                                                              Assistant Secretary for Enforcement and
                                                    Department will determine, and CBP                                                                              site and click on the FTP link in the
                                                                                                              Compliance.
                                                    shall assess, antidumping duties on all                                                                         lower left of the Council Web site
                                                                                                              [FR Doc. 2016–05554 Filed 3–10–16; 8:45 am]
                                                    appropriate entries covered by this                                                                             (http://www.gulfcouncil.org). The
                                                                                                              BILLING CODE 3510–DS–P
                                                    review. The Department intends to issue                                                                         username and password are both
                                                    assessment instructions to CBP 15 days                                                                          ‘‘gulfguest’’. Click on the ‘‘Library
                                                    after the publication date of the final                                                                         Folder’’, then scroll down to ‘‘Joint
                                                                                                              DEPARTMENT OF COMMERCE
                                                    results of this review.                                                                                         Spiny Lobster Review Panel meeting-
                                                                                                              National Oceanic and Atmospheric                      2016–03’’.
                                                    Cash Deposit Requirements                                 Administration                                           The meeting will be webcast over the
                                                      The following cash deposit                                                                                    Internet. A link to the webcast will be
                                                    requirements will be effective upon                       Gulf of Mexico Fishery Management                     available on the Council’s Web site,
                                                    publication of the final results of this                  Council; Public Meeting                               http://www.gulfcouncil.org.
                                                                                                                                                                       Although other non-emergency issues
                                                    administrative review for all shipments                   AGENCY:  National Marine Fisheries                    not on the agenda may come before the
                                                    of the subject merchandise entered, or                    Service (NMFS), National Oceanic and                  Review Panel for discussion, in
                                                    withdrawn from warehouse, for                             Atmospheric Administration (NOAA),                    accordance with the Magnuson-Stevens
                                                    consumption on or after the publication                   Commerce.                                             Fishery Conservation and Management
                                                    date, as provided for by section
                                                                                                              ACTION: Notice of a public meeting via                Act, those issues may not be the subject
                                                    751(a)(2)(C) of the Act: (1) As described
                                                                                                              webinar.                                              of formal action during this meeting.
                                                    above, we preliminarily determine that
                                                                                                                                                                    Actions of the Review Panel will be
                                                    WenKem is not eligible for a separate                     SUMMARY:   The Gulf of Mexico and South               restricted to those issues specifically
                                                    rate, and therefore, as part of the PRC-                  Atlantic Fishery Management Councils                  identified in the agenda and any issues
                                                    wide entity, its exports to the U.S. are                  will hold a Joint Spiny Lobster Review                arising after publication of this notice
                                                    subject to the PRC-wide rate of 45.27                     Panel meeting via webinar.                            that require emergency action under
                                                    percent; (2) for previously investigated                  DATES: The webinar will convene on                    section 305(c) of the Magnuson-Stevens
                                                    or reviewed PRC and non-PRC exporters                     Monday, March 28, 2016, 10 a.m. to 12                 Fishery Conservation and Management
                                                    who are not under review in this                          p.m. EDT.                                             Act, provided the public has been
                                                    segment of the proceeding but who have
                                                                                                              ADDRESSES: The meeting will take place                notified of the Council’s intent to take
                                                    separate rates, the cash deposit rate will
                                                                                                              via webinar.                                          action to address the emergency.
                                                    continue to be the exporter-specific rate
                                                    published for the most recent period; (3)                 FOR FURTHER INFORMATION CONTACT: Dr.                  Special Accommodations
                                                    for all PRC exporters of subject                          Morgan Kilgour, Fishery Biologist, Gulf
                                                                                                              of Mexico Fishery Management Council;                   This meeting is physically accessible
                                                    merchandise that have not been found                                                                            to people with disabilities. Requests for
                                                    to be entitled to a separate rate, the cash               morgan.kilgour@gulfcouncil.org,
                                                                                                              telephone: (813) 348–1630; and Kari                   sign language interpretation or other
                                                    deposit rate will be the PRC-wide rate                                                                          auxiliary aids should be directed to
                                                    of 45.27 percent; and (4) for all non-PRC                 Maclauchlin, Fishery Social Scientist;
                                                                                                              kari.maclauchlin@safmc.net, telephone:                Kathy Pereira at the Gulf Council Office
                                                    exporters of subject merchandise which
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                              (843) 571–4366.                                       (see ADDRESSES), at least 5 working days
                                                    have not received their own rate, the                                                                           prior to the meeting.
                                                    cash deposit rate will be the rate                        SUPPLEMENTARY INFORMATION: Please
                                                    applicable to the PRC exporter(s) that                    register for the Gulf of Mexico and                     Dated: March 8, 2016.
                                                    supplied that non-PRC exporter. These                     South Atlantic Fishery Management                     Tracey L. Thompson,
                                                    deposit requirements, when imposed,                       Councils: Joint Spiny Lobster Review                  Acting Deputy Director, Office of Sustainable
                                                                                                              Panel Meeting on March 28, 2016, 10                   Fisheries, National Marine Fisheries Service.
                                                      18 See   19 CFR 351.310(c).                             a.m. EDT at: https://                                 [FR Doc. 2016–05546 Filed 3–10–16; 8:45 am]
                                                      19 See   19 CFR 351.310(d).                             attendee.gotowebinar.com/register/                    BILLING CODE 3510–22–P




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Document Created: 2016-03-11 01:51:01
Document Modified: 2016-03-11 01:51:01
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 March 11, 2016.
ContactMandy Mallott, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 6430.
FR Citation81 FR 12876 

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