81_FR_53587 81 FR 53431 - Lightweight Thermal Paper From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015

81 FR 53431 - Lightweight Thermal Paper 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 156 (August 12, 2016)

Page Range53431-53433
FR Document2016-19258

The Department of Commerce (``Department'') is conducting an administrative review of the antidumping duty order on lightweight thermal paper (``LWTP'') from the People's Republic of China (``PRC''). The period of review (``POR'') is November 1, 2014, through October 31, 2015. The review covers two exporters of subject merchandise: Jaan Huey Co. Ltd. (``Jaan Huey'') and Shanghai Hanhong Paper Co., Ltd. and Hanhong Paper Co. Ltd (together, ``Hanhong''). Because neither respondent participated in this review, the Department preliminarily finds that Jaan Huey and Hanhong have not demonstrated eligibility for a separate rate in this segment of the proceeding, and therefore, for the preliminary results, we are treating both as part of the PRC-wide entity. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 81 Issue 156 (Friday, August 12, 2016)
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Notices]
[Pages 53431-53433]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19258]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-920]


Lightweight Thermal Paper From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review; 2014-
2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') is conducting an 
administrative review of the antidumping duty order on lightweight 
thermal paper (``LWTP'') from the People's Republic of China (``PRC''). 
The period of review (``POR'') is November 1, 2014, through October 31, 
2015. The review covers two exporters of subject merchandise: Jaan Huey 
Co. Ltd. (``Jaan Huey'') and Shanghai Hanhong Paper Co., Ltd. and 
Hanhong Paper Co. Ltd (together, ``Hanhong''). Because neither 
respondent participated in this review, the Department preliminarily 
finds that Jaan Huey and Hanhong have not demonstrated eligibility for 
a separate rate in this segment of the proceeding, and therefore, for 
the preliminary results, we are treating both as part of the PRC-wide 
entity. Interested parties are invited to comment on these preliminary 
results.

DATES: Effective August 12, 2016.

FOR FURTHER INFORMATION CONTACT: Keith Haynes, 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-
5139.

SUPPLEMENTARY INFORMATION:

Background

    On January 7, 2016, the Department initiated the seventh 
administrative review of the antidumping duty order on LWTP from the 
PRC.\1\ On February 2, 2016, the Department issued antidumping 
questionnaires to Jaan Huey and Hanhong. On February 16, 2016, Jaan 
Huey notified the Department that it would not be participating in this 
administrative review.\2\ The Hanhong companies did not respond to the 
Department's request for information.
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 736 (January 7, 2016) (``Initiation 
Notice'').
    \2\ See letter from Jaan Huey, ``Notice of Non-Participation in 
ADD Review: Annual Antidumping Administrative Review of Lightweight 
Thermal Paper from the People's Republic of China,'' dated February 
16, 2016.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by this review includes certain lightweight 
thermal paper, which is thermal paper with a basis weight of 70 grams 
per square meter (g/m\2\) (with a tolerance of  4.0 g/m\2\) 
or less; irrespective of dimensions; \3\ with or without a base coat 
\4\ on one or both sides; with thermal active coating(s) \5\ on one or 
both sides that is a mixture of the dye and the developer that react 
and form an image when heat is applied; with or without a top coat; \6\ 
and without an adhesive backing. Certain lightweight thermal paper is 
typically (but not exclusively) used in point-of-sale applications such 
as ATM receipts, credit card receipts, gas pump receipts, and retail 
store receipts. The merchandise subject to this review may be 
classified in the Harmonized Tariff Schedule of the United States 
(``HTSUS'') under subheadings 3703.10.60, 4811.59.20, 4811.90.8040, 
4811.90.9090, 4820.10.20, 4823.40.00, 4811.90.8030, 4811.90.8050, 
4811.90.9030, and 4811.90.9050.\7\ \8\

[[Page 53432]]

Although HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of these orders is 
dispositive.
---------------------------------------------------------------------------

    \3\ LWTP is typically produced in jumbo rolls that are slit to 
the specifications of the converting equipment and then converted 
into finished slit rolls. Both jumbo and converted rolls (as well as 
LWTP in any other form, presentation, or dimension) are covered by 
the scope of these orders.
    \4\ A base coat, when applied, is typically made of clay and/or 
latex and like materials and is intended to cover the rough surface 
of the paper substrate and to provide insulating value.
    \5\ A thermal active coating is typically made of sensitizer, 
dye, and co-reactant.
    \6\ A top coat, when applied, is typically made of polyvinyl 
acetone, polyvinyl alcohol, and/or like materials and is intended to 
provide environmental protection, an improved surface for press 
printing, and/or wear protection for the thermal print head.
    \7\ HTSUS subheading 4811.90.8000 was a classification used for 
LWTP until January 1, 2007. Effective that date, subheading 
4811.90.8000 was replaced with 4811.90.8020 (for gift wrap, a non-
subject product) and 4811.90.8040 (for ``other'' including LWTP). 
HTSUS subheading 4811.90.9000 was a classification for LWTP until 
July 1, 2005. Effective that date, subheading 4811.90.9000 was 
replaced with 4811.90.9010 (for tissue paper, a non-subject product) 
and 4811.90.9090 (for ``other,'' including LWTP).
    \8\ As of January 1, 2009, the International Trade Commission 
deleted HTSUS subheadings 4811.90.8040 and 4811.90.9090 and added 
HTSUS subheadings 4811.90.8030, 4811.90.8050, 4811.90.9030, and 
4811.90.9050 to the Harmonized Tariff Schedule of the United States 
(2009). See Harmonized Tariff Schedule of the United States (2009), 
available at <ww.usitc.gov>. These HTSUS subheadings were added to 
the scope of the order in LWTP's LTFV investigation.
---------------------------------------------------------------------------

Non-Market Economy Country

    The Department considers the PRC to be a nonmarket economy 
(``NME'') country.\9\ 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.
---------------------------------------------------------------------------

    \9\ 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.\10\ 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,\11\ as further developed by Silicon 
Carbide.\12\ 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.\13\
---------------------------------------------------------------------------

    \10\ See Initiation Notice.
    \11\ 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'').
    \12\ 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'').
    \13\ 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).
---------------------------------------------------------------------------

Methodology

    The Department is conducting this review in accordance with section 
751 of the Act. Neither mandatory respondent cooperated to the best of 
its ability because neither provided a response to the Department's 
questionnaire. Further, neither respondent submitted a separate rate 
application or certification to demonstrate eligibility to receive a 
separate rate. Thus, the Department preliminarily determines that the 
application of adverse facts available (``AFA'') is warranted for these 
preliminary results, in accordance with section 776 of the Act and 19 
CFR 351.308 and, because neither demonstrated eligibility for a 
separate rate, we are treating the mandatory respondents as part of the 
PRC-wide entity.

PRC-Wide Entity

    The Department's change in policy regarding conditional review of 
the PRC-wide entity applies to this administrative review.\14\ 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., 115.29 percent).\15\
---------------------------------------------------------------------------

    \14\ 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).
    \15\ See ``Lightweight Thermal Paper from the People's Republic 
of China: Final Determination of Sales at Less Than Fair Value,'' 73 
FR 57329 (Oct 2, 2008).
---------------------------------------------------------------------------

Preliminary Results of Review

    The preliminary weighted-average antidumping duty margin percentage 
is as follows:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                Producer and/or exporter                      margin
                                                            (percent)
------------------------------------------------------------------------
PRC-Wide Entity........................................          115.29
------------------------------------------------------------------------

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.\16\ Rebuttals to case briefs must be limited to 
issues raised in the case briefs and must be filed within five days 
following the time limit for filing case briefs.\17\ 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.\18\ Parties submitting briefs should do so pursuant to the 
Department's electronic filing system, ACCESS.\19\
---------------------------------------------------------------------------

    \16\ See 19 CFR 351.309(c)(1)(ii).
    \17\ See 19 CFR 351.309(d)(1)-(2).
    \18\ See 19 CFR 351.309(c)(2), (d)(2).
    \19\ See 19 CFR 351.303 (for general filing requirements).
---------------------------------------------------------------------------

    Any interested party may request a hearing within 30 days of 
publication of this notice.\20\ 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.\21\
---------------------------------------------------------------------------

    \20\ See 19 CFR 351.310(c).
    \21\ 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) 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; (2) for all PRC

[[Page 53433]]

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 115.29 percent; and (3) 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: August 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-19258 Filed 8-11-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                 Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices                                                  53431

                                                    • Silico-manganese steels; 17                           Comment 12: Erdemir’s Major-Input and               antidumping questionnaires to Jaan
                                                    The products subject to this investigation                 Transactions-Disregarded Adjustments             Huey and Hanhong. On February 16,
                                                  are currently classified in the Harmonized                Comment 13: Erdemir’s Financial Expenses            2016, Jaan Huey notified the
                                                  Tariff Schedule of the United States (HTSUS)              Comment 14: Erdemir’s Cost of Goods Sold
                                                                                                               Denominator
                                                                                                                                                                Department that it would not be
                                                  under item numbers: 7208.10.1500,
                                                  7208.10.3000, 7208.10.6000, 7208.25.3000,                 Comment 15: Erdemir’s General and                   participating in this administrative
                                                  7208.25.6000, 7208.26.0030, 7208.26.0060,                    Administrative Expenses                          review.2 The Hanhong companies did
                                                  7208.27.0030, 7208.27.0060, 7208.36.0030,               VIII. Recommendation                                  not respond to the Department’s request
                                                  7208.36.0060, 7208.37.0030, 7208.37.0060,               [FR Doc. 2016–19373 Filed 8–11–16; 8:45 am]           for information.
                                                  7208.38.0015, 7208.38.0030, 7208.38.0090,               BILLING CODE 3510–DS–P                                Scope of the Order
                                                  7208.39.0015, 7208.39.0030, 7208.39.0090,
                                                  7208.40.6030, 7208.40.6060, 7208.53.0000,                                                                        The merchandise covered by this
                                                  7208.54.0000, 7208.90.0000, 7210.70.3000,
                                                                                                          DEPARTMENT OF COMMERCE                                review includes certain lightweight
                                                  7211.14.0030, 7211.14.0090, 7211.19.1500,                                                                     thermal paper, which is thermal paper
                                                  7211.19.2000, 7211.19.3000, 7211.19.4500,                                                                     with a basis weight of 70 grams per
                                                                                                          International Trade Administration
                                                  7211.19.6000, 7211.19.7530, 7211.19.7560,                                                                     square meter (g/m2) (with a tolerance of
                                                  7211.19.7590, 7225.11.0000, 7225.19.0000,               [A–570–920]                                           ± 4.0 g/m2) or less; irrespective of
                                                  7225.30.3050, 7225.30.7000, 7225.40.7000,
                                                  7225.99.0090, 7226.11.1000, 7226.11.9030,
                                                                                                                                                                dimensions; 3 with or without a base
                                                                                                          Lightweight Thermal Paper From the
                                                  7226.11.9060, 7226.19.1000, 7226.19.9000,                                                                     coat 4 on one or both sides; with thermal
                                                                                                          People’s Republic of China:
                                                  7226.91.5000, 7226.91.7000, and                                                                               active coating(s) 5 on one or both sides
                                                                                                          Preliminary Results of Antidumping
                                                  7226.91.8000. The products subject to the                                                                     that is a mixture of the dye and the
                                                                                                          Duty Administrative Review; 2014–
                                                  investigation may also enter under the                                                                        developer that react and form an image
                                                                                                          2015
                                                  following HTSUS numbers: 7210.90.9000,                                                                        when heat is applied; with or without
                                                  7211.90.0000, 7212.40.1000, 7212.40.5000,               AGENCY:   Enforcement and Compliance,                 a top coat; 6 and without an adhesive
                                                  7212.50.0000, 7214.91.0015, 7214.91.0060,               International Trade Administration,                   backing. Certain lightweight thermal
                                                  7214.91.0090, 7214.99.0060, 7214.99.0075,               Department of Commerce.                               paper is typically (but not exclusively)
                                                  7214.99.0090, 7215.90.5000, 7226.99.0180,               SUMMARY: The Department of Commerce                   used in point-of-sale applications such
                                                  and 7228.60.6000.
                                                                                                          (‘‘Department’’) is conducting an                     as ATM receipts, credit card receipts,
                                                    The HTSUS subheadings above are
                                                  provided for convenience and U.S. Customs               administrative review of the                          gas pump receipts, and retail store
                                                  and Border Protection purposes only. The                antidumping duty order on lightweight                 receipts. The merchandise subject to
                                                  written description of the scope of the                 thermal paper (‘‘LWTP’’) from the                     this review may be classified in the
                                                  investigation is dispositive.                           People’s Republic of China (‘‘PRC’’).                 Harmonized Tariff Schedule of the
                                                                                                          The period of review (‘‘POR’’) is                     United States (‘‘HTSUS’’) under
                                                  Appendix II                                             November 1, 2014, through October 31,                 subheadings 3703.10.60, 4811.59.20,
                                                  List of Topics Discussed in the Final Issues            2015. The review covers two exporters                 4811.90.8040, 4811.90.9090, 4820.10.20,
                                                  and Decision Memorandum                                 of subject merchandise: Jaan Huey Co.                 4823.40.00, 4811.90.8030, 4811.90.8050,
                                                  I. Summary                                              Ltd. (‘‘Jaan Huey’’) and Shanghai                     4811.90.9030, and 4811.90.9050.7 8
                                                  II. Background                                          Hanhong Paper Co., Ltd. and Hanhong
                                                  III. Scope of the Investigation                         Paper Co. Ltd (together, ‘‘Hanhong’’).                  2 See letter from Jaan Huey, ‘‘Notice of Non-

                                                  IV. Scope Comments                                      Because neither respondent participated               Participation in ADD Review: Annual Antidumping
                                                  V. Changes Since the Preliminary                                                                              Administrative Review of Lightweight Thermal
                                                                                                          in this review, the Department                        Paper from the People’s Republic of China,’’ dated
                                                        Determination                                     preliminarily finds that Jaan Huey and                February 16, 2016.
                                                  VI. Margin Calculations
                                                  VII. Discussion of the Issues
                                                                                                          Hanhong have not demonstrated                           3 LWTP is typically produced in jumbo rolls that

                                                                                                          eligibility for a separate rate in this               are slit to the specifications of the converting
                                                     Comment 1: Colakoglu’s Duty Drawback                                                                       equipment and then converted into finished slit
                                                        Adjustment                                        segment of the proceeding, and                        rolls. Both jumbo and converted rolls (as well as
                                                     Comment 2: Colakoglu’s U.S. Indirect                 therefore, for the preliminary results, we            LWTP in any other form, presentation, or
                                                        Selling Expenses                                  are treating both as part of the PRC-wide             dimension) are covered by the scope of these
                                                     Comment 3: Colakoglu’s International                 entity. Interested parties are invited to             orders.
                                                                                                                                                                  4 A base coat, when applied, is typically made of
                                                        Ocean Freight                                     comment on these preliminary results.
                                                     Comment 4: Colakoglu’s U.S. Commissions                                                                    clay and/or latex and like materials and is intended
                                                                                                          DATES: Effective August 12, 2016.                     to cover the rough surface of the paper substrate
                                                     Comment 5: Corrections to Colakoglu’s                                                                      and to provide insulating value.
                                                        Cost Database                                     FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                  5 A thermal active coating is typically made of
                                                     Comment 6: Colakoglu’s Cost-Averaging                Keith Haynes, AD/CVD Operations,                      sensitizer, dye, and co-reactant.
                                                        Methodology                                       Office III, Enforcement and Compliance,                 6 A top coat, when applied, is typically made of
                                                     Comment 7: Colakoglu’s Electricity Offset            International Trade Administration,                   polyvinyl acetone, polyvinyl alcohol, and/or like
                                                     Comment 8: Colakoglu’s General and                   U.S. Department of Commerce, 14th                     materials and is intended to provide environmental
                                                        Administrative Expense Ratio                      Street and Constitution Avenue NW.,                   protection, an improved surface for press printing,
                                                     Comment 9: Using Partial Facts Available                                                                   and/or wear protection for the thermal print head.
                                                                                                          Washington, DC 20230; telephone: (202)                  7 HTSUS subheading 4811.90.8000 was a
                                                        for Erdemir’s Downstream Reseller
                                                                                                          482–5139.                                             classification used for LWTP until January 1, 2007.
                                                        Ersem
                                                                                                          SUPPLEMENTARY INFORMATION:                            Effective that date, subheading 4811.90.8000 was
                                                     Comment 10: Erdemir’s Date of Sale                                                                         replaced with 4811.90.8020 (for gift wrap, a non-
                                                     Comment 11: Erdemir’s Unreconciled Cost              Background                                            subject product) and 4811.90.8040 (for ‘‘other’’
                                                                                                                                                                including LWTP). HTSUS subheading 4811.90.9000
                                                  chromium and 0.9 percent to 1.4 percent, inclusive,        On January 7, 2016, the Department                 was a classification for LWTP until July 1, 2005.
mstockstill on DSK3G9T082PROD with NOTICES




                                                  molybdenum; or (v) not less than 0.5 percent carbon     initiated the seventh administrative                  Effective that date, subheading 4811.90.9000 was
                                                  and not less than 3.5 percent molybdenum; or (vi)       review of the antidumping duty order                  replaced with 4811.90.9010 (for tissue paper, a non-
                                                  not less than 0.5 percent carbon and not less than                                                            subject product) and 4811.90.9090 (for ‘‘other,’’
                                                  5.5 percent tungsten.
                                                                                                          on LWTP from the PRC.1 On February                    including LWTP).
                                                    17 Silico-manganese steel is defined as steels        2, 2016, the Department issued                          8 As of January 1, 2009, the International Trade

                                                  containing by weight: (i) Not more than 0.7 percent                                                           Commission deleted HTSUS subheadings
                                                  of carbon; (ii) 0.5 percent or more but not more than     1 See Initiation of Antidumping and                 4811.90.8040 and 4811.90.9090 and added HTSUS
                                                  1.9 percent of manganese, and (iii) 0.6 percent or      Countervailing Duty Administrative Reviews, 81 FR     subheadings 4811.90.8030, 4811.90.8050,
                                                  more but not more than 2.3 percent of silicon.          736 (January 7, 2016) (‘‘Initiation Notice’’).                                                   Continued




                                             VerDate Sep<11>2014   20:09 Aug 11, 2016   Jkt 238001   PO 00000   Frm 00037   Fmt 4703   Sfmt 4703   E:\FR\FM\12AUN1.SGM   12AUN1


                                                  53432                         Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices

                                                  Although HTSUS subheadings are                          Methodology                                           Rebuttals to case briefs must be limited
                                                  provided for convenience and customs                       The Department is conducting this                  to issues raised in the case briefs and
                                                  purposes, the written description of the                review in accordance with section 751                 must be filed within five days following
                                                  scope of these orders is dispositive.                   of the Act. Neither mandatory                         the time limit for filing case briefs.17
                                                                                                          respondent cooperated to the best of its              Parties who submit arguments are
                                                  Non-Market Economy Country
                                                                                                          ability because neither provided a                    requested to submit with the argument
                                                    The Department considers the PRC to                   response to the Department’s                          (a) a statement of the issue, (b) a brief
                                                  be a nonmarket economy (‘‘NME’’)                        questionnaire. Further, neither                       summary of the argument, and (c) a
                                                  country.9 In accordance with section                    respondent submitted a separate rate                  table of authorities.18 Parties submitting
                                                  771(18)(C)(i) of the Tariff Act of 1930, as             application or certification to                       briefs should do so pursuant to the
                                                  amended (‘‘the Act’’), any determination                demonstrate eligibility to receive a                  Department’s electronic filing system,
                                                  that a foreign country is an NME                                                                              ACCESS.19
                                                                                                          separate rate. Thus, the Department
                                                  country shall remain in effect until                                                                             Any interested party may request a
                                                                                                          preliminarily determines that the
                                                  revoked by the administering authority.                                                                       hearing within 30 days of publication of
                                                                                                          application of adverse facts available                this notice.20 Hearing requests should
                                                  Therefore, we continue to treat the PRC                 (‘‘AFA’’) is warranted for these
                                                  as an NME country for purposes of these                                                                       contain the following information: (1)
                                                                                                          preliminary results, in accordance with               The party’s name, address, and
                                                  preliminary results.                                    section 776 of the Act and 19 CFR                     telephone number; (2) the number of
                                                  Application of Separate Rates in NME                    351.308 and, because neither                          participants; and (3) a list of the issues
                                                  Proceedings                                             demonstrated eligibility for a separate               to be discussed. Oral presentations will
                                                                                                          rate, we are treating the mandatory                   be limited to issues raised in the briefs.
                                                    In the Initiation Notice, the                         respondents as part of the PRC-wide
                                                  Department notified parties of the                                                                            If a request for a hearing is made, parties
                                                                                                          entity.                                               will be notified of the time and date for
                                                  application process by which exporters
                                                  may obtain separate rate status in an                   PRC-Wide Entity                                       the hearing to be held at the U.S.
                                                  NME proceeding.10 It is the                                                                                   Department of Commerce, 14th Street
                                                                                                             The Department’s change in policy
                                                  Department’s policy to assign all                                                                             and Constitution Avenue NW.,
                                                                                                          regarding conditional review of the
                                                  exporters of the merchandise subject to                                                                       Washington, DC 20230.21
                                                                                                          PRC-wide entity applies to this                          The Department intends to issue the
                                                  review in NME countries a single rate                   administrative review.14 Under this
                                                  unless an exporter can affirmatively                                                                          final results of this administrative
                                                                                                          policy, the PRC-wide entity will not be               review, which will include the results of
                                                  demonstrate an absence of government                    under review unless a party specifically
                                                  control, both in law (de jure) and in fact                                                                    our analysis of all issues raised in the
                                                                                                          requests, or the Department self-                     case briefs, within 120 days of
                                                  (de facto), with respect to exports. To                 initiates, a review of the entity. Because            publication of these preliminary results
                                                  establish whether a company is                          no party requested a review of the PRC-               in the Federal Register, pursuant to
                                                  sufficiently independent to be entitled                 wide entity in this review, the entity is             section 751(a)(3)(A) of the Act.
                                                  to a separate, company-specific rate, the               not under review, and the entity’s rate
                                                  Department analyzes each exporting                      is not subject to change (i.e., 115.29                Assessment Rates
                                                  entity in an NME country under the test                 percent).15                                              Upon issuance of the final results, the
                                                  established in Sparklers,11 as further                                                                        Department will determine, and CBP
                                                  developed by Silicon Carbide.12                         Preliminary Results of Review
                                                                                                                                                                shall assess, antidumping duties on all
                                                  However, if the Department determines                     The preliminary weighted-average                    appropriate entries covered by this
                                                  that a company is wholly foreign-                       antidumping duty margin percentage is                 review. The Department intends to issue
                                                  owned, then an analysis of the de jure                  as follows:                                           assessment instructions to CBP 15 days
                                                  and de facto criteria is not necessary to                                                                     after the publication date of the final
                                                  determine whether it is independent                                                              Weighted-    results of this review.
                                                  from government control.13                                                                        average
                                                                                                            Producer and/or exporter               dumping      Cash Deposit Requirements
                                                                                                                                                    margin
                                                  4811.90.9030, and 4811.90.9050 to the Harmonized                                                 (percent)      The following cash deposit
                                                  Tariff Schedule of the United States (2009). See                                                              requirements will be effective upon
                                                  Harmonized Tariff Schedule of the United States
                                                                                                          PRC-Wide Entity ...................       115.29      publication of the final results of this
                                                  (2009), available at <ww.usitc.gov>. These HTSUS
                                                  subheadings were added to the scope of the order                                                              administrative review for all shipments
                                                  in LWTP’s LTFV investigation.                           Public Comment and Opportunity To                     of the subject merchandise entered, or
                                                    9 See, e.g., Certain Kitchen Appliance Shelving
                                                                                                          Request a Hearing                                     withdrawn from warehouse, for
                                                  and Racks from the People’s Republic of China:
                                                  Preliminary Results of the First Administrative           Interested parties may submit case                  consumption on or after the publication
                                                  Review, Preliminary Rescission, in Part, and            briefs within 30 days after the date of               date, as provided for by section
                                                  Extension of Time Limits for the Final Results, 76      publication of these preliminary results              751(a)(2)(C) of the Act: (1) For
                                                  FR 62765, 62767–68 (October 11, 2011), unchanged                                                              previously investigated or reviewed PRC
                                                  in Certain Kitchen Appliance Shelving and Racks         of review in the Federal Register.16
                                                  from the People’s Republic of China: Final Results
                                                                                                                                                                and non-PRC exporters who are not
                                                  and Partial Rescission of First Antidumping Duty        from the People’s Republic of China, 72 FR 52355,
                                                                                                                                                                under review in this segment of the
                                                  Administrative Review, 77 FR 21734 (April 11,           52356 (September 13, 2007).                           proceeding but who have separate rates,
                                                  2012).                                                     14 See Antidumping Proceedings: Announcement       the cash deposit rate will continue to be
                                                    10 See Initiation Notice.
                                                                                                          of Change in Department Practice for Respondent       the exporter-specific rate published for
mstockstill on DSK3G9T082PROD with NOTICES




                                                    11 See Final Determination of Sales at Less Than      Selection in Antidumping Duty Proceedings and         the most recent period; (2) for all PRC
                                                  Fair Value: Sparklers from the People’s Republic of     Conditional Review of the Nonmarket Economy
                                                  China, 56 FR 20588 (May 6, 1991) (‘‘Sparklers’’).       Entity in NME Antidumping Duty Proceedings, 78
                                                                                                                                                                  17 See 19 CFR 351.309(d)(1)–(2).
                                                    12 See Notice of Final Determination of Sales at      FR 65963 (November 4, 2013).
                                                                                                                                                                  18 See 19 CFR 351.309(c)(2), (d)(2).
                                                  Less Than Fair Value: Silicon Carbide from the             15 See ‘‘Lightweight Thermal Paper from the
                                                                                                                                                                  19 See 19 CFR 351.303 (for general filing
                                                  People’s Republic of China, 59 FR 22585 (May 2,         People’s Republic of China: Final Determination of
                                                  1994) (‘‘Silicon Carbide’’).                            Sales at Less Than Fair Value,’’ 73 FR 57329 (Oct     requirements).
                                                    13 See, e.g., Final Results of Antidumping Duty       2, 2008).                                               20 See 19 CFR 351.310(c).

                                                  Administrative Review: Petroleum Wax Candles               16 See 19 CFR 351.309(c)(1)(ii).                     21 See 19 CFR 351.310(d).




                                             VerDate Sep<11>2014   20:09 Aug 11, 2016   Jkt 238001   PO 00000   Frm 00038   Fmt 4703   Sfmt 4703   E:\FR\FM\12AUN1.SGM     12AUN1


                                                                                Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices                                                       53433

                                                  exporters of subject merchandise that                   Administration, U.S. Department of                        this sunset review, the Department finds
                                                  have not been found to be entitled to a                 Commerce, 14th Street and Constitution                    that no domestic interested party is
                                                  separate rate, the cash deposit rate will               Avenue NW., Washington, DC 20230.                         participating in this sunset review.
                                                  be the PRC-wide rate of 115.29 percent;                 SUPPLEMENTARY INFORMATION:                                Therefore, we are revoking the Order.
                                                  and (3) for all non-PRC exporters of                                                                              The effective date of revocation is
                                                  subject merchandise which have not                      Background                                                August 20, 2016, the fifth anniversary of
                                                  received their own rate, the cash deposit                  On April 27, 2011, the Department                      the date of publication in the Federal
                                                  rate will be the rate applicable to the                 terminated the agreement suspending                       Register of the Continuation of the
                                                  PRC exporter(s) that supplied that non-                 the antidumping duty investigation and                    Order.6
                                                  PRC exporter. These deposit                             issued an antidumping duty order on                          Pursuant to section 751(c)(3)(A) of the
                                                  requirements, when imposed, shall                       ammonium nitrate from Russia.1 On                         Act and 19 CFR 351.222(i)(2)(i), the
                                                  remain in effect until further notice.                  July 1, 2016, the Department initiated a                  Department intends to issue instructions
                                                                                                          sunset review of the antidumping duty                     to U.S. Customs and Border Protection
                                                  Notification to Importers                               Order pursuant to section 751(c) of the                   to terminate the suspension of
                                                    This notice also serves as a                          Tariff Act of 1930, as amended (‘‘the                     liquidation of entries of the
                                                  preliminary reminder to importers of                    Act’’).2 We received no notice of intent                  merchandise subject to the order which
                                                  their responsibility under 19 CFR                       to participate in response to the                         were entered, or withdrawn from
                                                  351.402(f)(2) to file a certificate                     Initiation Notice from domestic                           warehouse, for consumption on or after
                                                  regarding the reimbursement off                         interested parties by the applicable                      August 20, 2016. Entries of subject
                                                  antidumping duties prior to liquidation                 deadline.3 As a result, the Department                    merchandise prior to August 20, 2016,
                                                  of the relevant entries during this                     concludes that no domestic party                          will continue to be subject to the
                                                  period. Failure to comply with this                     intends to participate in this sunset                     suspension of liquidation and
                                                  requirement could result in the                         review.4 On July 21, 2016, we notified                    requirements for deposits of estimated
                                                  Secretary’s presumption that                            the International Trade Commission, in                    antidumping duties. The Department
                                                  reimbursement of antidumping duties                     writing, that we intend to revoke the                     will conduct administrative reviews of
                                                  occurred and the subsequent assessment                  Order.5                                                   the order with respect to subject
                                                  of double antidumping duties.                                                                                     merchandise entered prior to the
                                                                                                          Scope of the Order
                                                    This administrative review and notice                                                                           effective date of revocation in response
                                                  are in accordance with sections                            The scope of this order includes solid,                to appropriately filed requests for
                                                  751(a)(1) and 777(i) of the Act and 19                  fertilizer grade ammonium nitrate                         review.
                                                  CFR 351.213.                                            products, whether prilled, granular, or                      These final results of the five-year
                                                                                                          in other solid form, with or without                      (sunset) review and notice of revocation
                                                    Dated: August 5, 2016.
                                                                                                          additives or coating, and with a bulk                     of the antidumping duty order are
                                                  Ronald K. Lorentzen,
                                                                                                          density equal to or greater than 53                       published in accordance with sections
                                                  Acting Assistant Secretary for Enforcement              pounds per cubic foot. Specifically
                                                  and Compliance.                                                                                                   751(c) and 777(i)(1) of the Act.
                                                                                                          excluded from this scope is solid
                                                  [FR Doc. 2016–19258 Filed 8–11–16; 8:45 am]                                                                         Dated: August 5, 2016.
                                                                                                          ammonium nitrate with a bulk density
                                                  BILLING CODE 3510–DS–P                                  less than 53 pounds per cubic foot                        Ronald K. Lorentzen,
                                                                                                          (commonly referred to as industrial or                    Acting Assistant Secretary for Enforcement
                                                                                                          explosive grade ammonium nitrate). The                    and Compliance.
                                                  DEPARTMENT OF COMMERCE                                  merchandise subject to this order is                      [FR Doc. 2016–19248 Filed 8–11–16; 8:45 am]

                                                  International Trade Administration                      classified in the Harmonized Tariff                       BILLING CODE 3510–DS–P
                                                                                                          Schedule of the United States (HTSUS)
                                                  [A–821–811]                                             at subheadings 3102.30.00.00 and
                                                                                                          3102.290000. Although the HTSUS                           DEPARTMENT OF COMMERCE
                                                  Ammonium Nitrate From the Russian                       subheadings are provided for
                                                  Federation: Final Results of Sunset                                                                               International Trade Administration
                                                                                                          convenience and customs purposes, the
                                                  Review and Revocation of                                written description of the merchandise                    [C–489–827]
                                                  Antidumping Duty Order                                  within the scope is dispositive.
                                                                                                                                                                    Countervailing Duty Investigation of
                                                  AGENCY:   Enforcement and Compliance,                   Revocation                                                Certain Hot-Rolled Steel Flat Products
                                                  International Trade Administration,
                                                                                                             Pursuant to section 751(c)(3)(A) of the                From the Republic of Turkey: Final
                                                  Department of Commerce.
                                                                                                          Act and 19 CFR 351.218(d)(1)(iii)(B)(3),                  Affirmative Determination
                                                  SUMMARY: On July 1, 2016, the
                                                  Department of Commerce (the                             if no domestic interested party files a
                                                                                                                                                                    AGENCY:   Enforcement and Compliance,
                                                  Department) initiated the second sunset                 notice of intent to participate, the
                                                                                                                                                                    International Trade Administration,
                                                  review of the antidumping duty order                    Department shall issue a final
                                                                                                                                                                    Department of Commerce.
                                                  on ammonium nitrate from the Russian                    determination revoking the order within                   SUMMARY: The Department of Commerce
                                                  Federation (Russia). Because no                         90 days of the initiation of the review.                  (the Department) determines that
                                                  domestic interested party filed a notice                Because no domestic interested party                      countervailable subsidies are being
                                                  of intent to participate in response to                 filed a notice of intent to participate in                provided to producers and exporters of
                                                  the notice of initiation, the Department                                                                          certain hot-rolled steel flat products
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                            1 See Termination of the Suspension Agreement
                                                  is revoking the antidumping duty order                  on Solid Fertilizer Grade Ammonium Nitrate From           (hot-rolled steel) from the Republic of
                                                  on ammonium nitrate from Russia.                        the Russian Federation and Notice of Antidumping          Turkey (Turkey). For information on the
                                                  DATES: Effective August 20, 2016.                       Duty Order; 76 FR 23569 (April 27, 2011) (Order).         estimated subsidy rates, see the ‘‘Final
                                                                                                            2 See Initiation of Five-Year (‘‘Sunset’’) Review; 81
                                                  FOR FURTHER INFORMATION CONTACT:                        FR 43185 (July 1, 2016) (Initiation Notice).                6 See 19 CFR 351.222(i)(2); see also Continuation
                                                  David Crespo at (202) 482–3693, AD/                       3 See 19 CFR 351.218(d)(1)(i).
                                                                                                                                                                    of Antidumping Duty Order on Solid Fertilizer
                                                  CVD Operations, Office II, Enforcement                    4 See 19 CFR 351.218(d)(1)(iii)(A).
                                                                                                                                                                    Grade Ammonium Nitrate From the Russian
                                                  and Compliance, International Trade                       5 See 19 CFR 351.218(d)(1)(iii)(B)(2).                  Federation, 76 FR 49449 (August 20, 2011).



                                             VerDate Sep<11>2014   18:42 Aug 11, 2016   Jkt 238001   PO 00000   Frm 00039   Fmt 4703   Sfmt 4703   E:\FR\FM\12AUN1.SGM      12AUN1



Document Created: 2018-02-09 11:33:25
Document Modified: 2018-02-09 11:33:25
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 August 12, 2016.
ContactKeith Haynes, 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- 5139.
FR Citation81 FR 53431 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR