82 FR 12793 - Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2014-2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 43 (March 7, 2017)
International Trade Administration
Federal Register Volume 82, Issue 43 (March 7, 2017)
| Page Range | 12793-12796 | |
| FR Document | 2017-04420 |
[Federal Register Volume 82, Number 43 (Tuesday, March 7, 2017)] [Notices] [Pages 12793-12796] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04420] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-010] Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2014-2016 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. [[Page 12794]] SUMMARY: The Department of Commerce (``the Department'') is conducting an administrative review of the antidumping duty order on crystalline silicon photovoltaic products (``solar products'') from the People's Republic of China (``PRC''). The period of review (``POR'') is July 31, 2014 through January 31, 2016. The administrative review covers one mandatory respondent, Changzhou Trina Solar Energy Co., Ltd./Trina Solar (Changzhou) Science & Technology Co., Ltd. (``Trina''), which we have preliminarily determined to treat as a single entity with the additional affiliated companies identified below. The Department preliminarily finds that Trina sold subject merchandise in the United States at prices below normal value (``NV'') during the POR. Interested parties are invited to comment on these preliminary results. DATES: Effective March 7, 2017. FOR FURTHER INFORMATION CONTACT: Jeff Pedersen, AD/CVD Operations, Office IV, Enforcement & Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-2769. SUPPLEMENTARY INFORMATION: Scope of the Order The merchandise covered by the order is modules, laminates and/or panels consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including building integrated materials.\1\ Merchandise covered by the order is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060, 8507.20.8090, 8541.40.6020, 8541.40.6030 and 8501.31.8000. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of this investigation is dispositive. --------------------------------------------------------------------------- \1\ For a complete description of the scope of the order, see ``Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Certain Crystalline Silicon Photovoltaic Products from the People's Republic of China; 2014-2016'' from James Maeder, Senior Director, Office I for Antidumping and Countervailing Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for Enforcement and Compliance, issued concurrently with and hereby adopted by this notice (``Preliminary Decision Memorandum''). --------------------------------------------------------------------------- Preliminary Determination of No Shipments Based on an analysis of U.S. Customs and Border Protection (``CBP'') information, and comments provided by Shanghai JA Solar Technology Co., Ltd. (``JA Solar''), the Department preliminarily determines that JA Solar had no shipments during the POR. For additional information regarding this determination, see the Preliminary Decision Memorandum. Consistent with an announced refinement to its assessment practice in non-market economy (``NME'') cases, the Department is not rescinding this review, in part, but intends to complete the review with respect to the companies for which it has preliminarily found no shipments and issue appropriate instructions to CBP based on the final results of the review.\2\ --------------------------------------------------------------------------- \2\ See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and the ``Assessment Rates'' section, below. --------------------------------------------------------------------------- Preliminary Affiliation and Single Entity Determination Based on record evidence, the Department preliminarily finds that the mandatory respondent Changzhou Trina Solar Energy Co., Ltd./Trina Solar (Changzhou) Science & Technology Co., Ltd. is affiliated with the following four companies pursuant to section 771(33)(F) of the Act: (1) Yancheng Trina Solar Energy Technology Co., Ltd.; (2) Changzhou Trina Solar Yabang Energy Co., Ltd.; (3) Turpan Trina Solar Energy Co., Ltd.; and (4) Hubei Trina Solar Energy Co., Ltd. In addition, based on the information presented in this review, we preliminarily find that these six companies should be treated as a single entity pursuant to 19 CFR 351.401(f). For additional information, see the Preliminary Decision Memorandum and Trina Collapsing Memorandum.\3\ --------------------------------------------------------------------------- \3\ See the December 18, 2015 Memoranda from Jeff Pedersen to Abdelali Elouaradia concerning ``Affiliation and Single Entity Status'' (``Trina Collapsing Memorandum''). --------------------------------------------------------------------------- Use of Partial Facts Available (``FA'') Section 776(a) of the Act provides that the Department shall apply FA if (1) necessary information is not on the record, or (2) an interested party or any other person (A) withholds information that has been requested, (B) fails to provide information within the deadlines established, or in the form and manner requested by the Department, subject to subsections (c)(1) and (e) of section 782 of the Act, (C) significantly impedes a proceeding, or (D) provides information that cannot be verified as provided by section 782(i) of the Act. Trina was unable to obtain FOPs from tollers of two inputs. Because this information is necessary and not available on the record, the Department is applying FA with respect to the FOPs in accordance with section 776(a)(1) of the Act. Separate Rates The Department preliminarily determines that information placed on the record by the mandatory respondent Trina, as well as by seven other separate rate applicants, demonstrates that these companies are entitled to separate rate status. For additional information, see the Preliminary Decision Memorandum. Rate for Separate-Rate Companies Not Individually Examined The statute and the Department's regulations do not address the establishment of a rate to be applied to respondents not selected for individual examination when the Department limits its examination in an administrative review pursuant to section 777A(c)(2)(B) of the Act. Generally, the Department looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in an investigation, for guidance when calculating the rate for respondents which we did not individually examine in an administrative review. Section 735(c)(5)(A) of the Act articulates a preference that we not calculate an all-others rate using rates which are zero, de minimis or based entirely on facts available. Accordingly, the Department's practice has been to average the weighted-average dumping margins for the examined companies, excluding rates that are zero, de minimis, or based entirely on facts available.\4\ In these preliminary results, the Department has calculated a rate for the sole mandatory respondent, Trina that is not zero, de minimis, or based entirely on facts available. Accordingly, we assigned the weighted-average dumping margin for Trina to the non-individually examined companies to which we granted separate rates status. The separate rate companies are listed in the ``Preliminary Results of Review'' section of this notice. For additional information, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \4\ See Ball Bearings and Parts Thereof From France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR 52823, 52824 (September 11, 2008), and accompanying Issues and Decision Memorandum at Comment 16. --------------------------------------------------------------------------- Methodology The Department conducted this administrative review in accordance with section 751(a)(1)(B) of the Act. The [[Page 12795]] Department calculated constructed export prices in accordance with section 772 of the Act. Given that the PRC is a NME country, within the meaning of section 771(18) of the Act, the Department calculated NV in accordance with section 773(c) of the Act. For a full description of the methodology underlying the preliminary results of this review, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is made available to the public via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (``ACCESS''). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Results of Review The Department preliminarily determines that the following weighted-average dumping margins exist for the POR: ------------------------------------------------------------------------ Weighted- average Exporter dumping margin (percent) ------------------------------------------------------------------------ Changzhou Trina Solar Energy Co., Ltd./Trina Solar 14.70 (Changzhou) Science and Technology Co., Ltd./Yancheng Trina Solar Energy Technology Co., Ltd./Changzhou Trina Solar Yabang Energy Co., Ltd./Turpan Trina Solar Energy Co., Ltd./Hubei Trina Solar Energy Co., Ltd............ BYD (Shangluo) Industrial Co., Ltd...................... 14.70 Chint Solar (Zhejiang) Co., Ltd......................... 14.70 Hefei JA Solar Technology Co., Ltd...................... 14.70 Perlight Solar Co., Ltd................................. 14.70 Shenzhen Sungold Solar Co., Ltd......................... 14.70 Sunny Apex Development Ltd.............................. 14.70 Wuxi Suntech Power Co., Ltd............................. 14.70 ------------------------------------------------------------------------ Disclosure and Public Comment The Department intends to disclose to parties the calculations performed for these preliminary results of review within five days of the date of publication of this notice in the Federal Register in accordance with 19 CFR 351.224(b). Interested parties may submit case briefs no later than 30 days after the date of publication of these preliminary results of review.\5\ Rebuttal briefs may be filed no later than five days after case briefs are due and may respond only to arguments raised in the case briefs.\6\ A table of contents, list of authorities used, and an executive summary of issues should accompany any briefs submitted to the Department. The summary should be limited to five pages total, including footnotes.\7\ --------------------------------------------------------------------------- \5\ See 19 CFR 351.309(c)(ii). \6\ See 19 CFR 351.309(d). \7\ See 19 CFR 351.309(c)(2), (d)(2). --------------------------------------------------------------------------- Interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice.\8\ Requests should contain the party's name, address, and telephone number, the number of participants in the hearing, and a list of the issues to be discussed at the hearing. Oral arguments at the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a date and time to be determined.\9\ Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date of the hearing. --------------------------------------------------------------------------- \8\ See 19 CFR 351.310(c). \9\ See 19 CFR 351.310(d). --------------------------------------------------------------------------- All submissions, with limited exceptions, must be filed electronically using ACCESS.\10\ An electronically filed document must be received successfully in its entirety by the Department's electronic records system, ACCESS, by 5 p.m. Eastern Time (``ET'') on the due date. Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with the APO/Dockets Unit in Room 18022 and stamped with the date and time of receipt by 5 p.m. ET on the due date.\11\ --------------------------------------------------------------------------- \10\ See generally 19 CFR 351.303. \11\ See 19 CFR 351.303 (for general filing requirements); Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). --------------------------------------------------------------------------- Unless otherwise extended, the Department intends to issue the final results of this administrative review, which will include the results of its analysis of issues raised in any briefs, within 120 days of publication of these preliminary results, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon issuance of the final results of this review, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.\12\ The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. For each individually examined respondent in this review whose weighted-average dumping margin in the final results of review is not zero or de minimis (i.e., less than 0.5 percent), the Department intends to calculate importer- specific assessment rates, in accordance with 19 CFR 351.212(b)(1).\13\ Where the respondent reported reliable entered values, the Department intends to calculate importer-specific ad valorem assessment rates by aggregating the amount of dumping calculated for all U.S. sales to the importer and dividing this amount by the total entered value of the sales to the importer.\14\ Where the importer did not report entered values, the Department calculates an importer-specific assessment rates by dividing the amount of dumping for reviewed sales to the importer- by the total sales quantity associated with those [[Page 12796]] transactions. In addition, the Department will calculate an estimated ad valorem importer-specific assessment rate to determine whether this rate is de minimis, however, the Department will direct CBP to assess importer-specific assessment rates based on the resulting per-unit rates.\15\ Where an importer-specific ad valorem assessment rate is not zero or de minimis, the Department will instruct CBP to collect the appropriate duties at the time of liquidation. Where either the respondent's weighted average dumping margin is zero or de minimis, or an importer-specific ad valorem assessment rate is zero or de minimis, the Department will instruct CBP to liquidate appropriate entries without regard to antidumping duties.\16\ --------------------------------------------------------------------------- \12\ See 19 CFR 351.212(b)(1). \13\ See Antidumping Proceedings: Calculation of the Weighted Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) (``Final Modification''). \14\ See 19 CFR 351.212(b)(1). \15\ Id. \16\ See Final Modification, 77 FR at 8103. --------------------------------------------------------------------------- Pursuant to Departmental practice, for entries that were not reported in the U.S. sales database submitted by an exporter individually examined during this review, the Department will instruct CBP to liquidate such entries at the rate for the PRC-wide entity.\17\ Because no party requested a review of the PRC-wide entity, the entity is not under review and the entity's rate (i.e., 165.04 percent) is not subject to change.\18\ Additionally, if the Department determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter's CBP case number will be liquidated at the rate for the PRC-wide entity. --------------------------------------------------------------------------- \17\ See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full discussion of this practice. \18\ See Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Final Determination of Sales at Less Than Fair Value, 79 FR 76970 (December 23, 2014). --------------------------------------------------------------------------- In accordance with section 751(a)(2)(C) of the Act, the final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated antidumping duties, where applicable. Cash Deposit Requirements The Department will instruct CBP to require a cash deposit for antidumping duties equal to the weighted-average amount by which the normal value exceeds U.S. price. The following cash deposit requirements will be effective for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date of this notice, as provided by section 751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash deposit rate will be equal to the weighted-average dumping margin established in the final results of this review (except, if the rate is de minimis (i.e., less than 0.5 percent), then the cash deposit rate will be zero for that exporter); (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recently completed segment of this proceeding; (3) for all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the rate for the PRC-wide entity (i.e., 165.04 percent) \19\ and (4) for all non-PRC exporters of subject merchandise that have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \19\ See Final Determination at 76973. --------------------------------------------------------------------------- Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties and/or countervailing duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties and/ or countervailing duties has occurred, and the subsequent assessment of double antidumping duties and/or increase the amount of antidumping duties by the amount of the countervailing duties. Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and 351.221(b)(4). Dated: February 28, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix--List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Period of Review 4. Extension of Preliminary Results 5. Scope of the Order 6. Preliminary Determination of No Shipments 7. Selection of Respondents 8. Single Entity Treatment 9. Discussion of the Methodology a. Non-Market Economy Country b. Separate Rates c. Rate for Non-Examined, Separate Rate Respondents d. Application of Facts Available e. Surrogate Country Selection f. Date of Sale g. Fair Value Comparisons h. U.S. Price i. Normal Value j. Adjustments for Countervailable Subsidies k. Currency Conversion 10. Recommendation [FR Doc. 2017-04420 Filed 3-6-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices 12793
adjusted cash deposit rate may be found should contain the party’s name, investigation if performed in the country of
in the Preliminary Determination address, and telephone number, the manufacture of the rebar.
section above. number of participants, whether any Specifically excluded are plain rounds
Should provisional measures in the (i.e., nondeformed or smooth rebar). Also
participant is a foreign national, and a
excluded from the scope is deformed steel
companion CVD investigation expire list of the issues to be discussed. If a wire meeting ASTM A1064/A1064M with no
prior to the expiration of provisional request for a hearing is made, the bar markings (e.g., mill mark, size, or grade)
measures in this LTFV investigation, the Department intends to hold the hearing and without being subject to an elongation
Department will direct CBP to begin at the U.S. Department of Commerce, test.
collecting estimated antidumping duty 1401 Constitution Avenue NW., The subject merchandise is classifiable in
cash deposits unadjusted for Washington, DC 20230, at a time and the Harmonized Tariff Schedule of the
countervailed export subsidies at the date to be determined. Parties should United States (HTSUS) primarily under item
time that the provisional CVD measures numbers 7213.10.0000, 7214.20.0000, and
confirm by telephone the date, time, and
expire. 7228.30.8010. The subject merchandise may
location of the hearing two days before also enter under other HTSUS numbers
These suspension of liquidation the scheduled date. including 7215.90.1000, 7215.90.5000,
instructions will remain in effect until 7221.00.0017, 7221.00.0018, 7221.00.0030,
further notice. Final Determination
7221.00.0045, 7222.11.0001, 7222.11.0057,
Disclosure Section 735(a)(1) of the Act and 19 7222.11.0059, 7222.30.0001, 7227.20.0080,
CFR 351.210(b)(1) provide that the 7227.90.6030, 7227.90.6035, 7227.90.6040,
The Department intends to disclose 7228.20.1000, and 7228.60.6000.
its calculations and analysis performed Department will issue the final
HTSUS numbers are provided for
to interested parties in this preliminary determination within 75 days after the convenience and customs purposes;
determination within five days of any date of its preliminary determination. however, the written description of the scope
public announcement or, if there is no Accordingly, the Department will make remains dispositive.
public announcement, within five days its final determination no later than 75
days after the signature date of this Appendix II
of the date of publication of this notice
in accordance with 19 CFR 351.224(b). preliminary determination. List of Topics Discussed in the Preliminary
Decision Memorandum
Verification International Trade Commission
Notification I. Summary
As provided in section 782(i)(1) of the II. Background
Act, the Department intends to verify In accordance with section 733(f) of III. Period of Investigation
the information relied upon in making the Act, the Department will notify the IV. Scope of the Investigation
International Trade Commission (ITC) of V. Discussion of the Methodology
its preliminary determination. A. Determination of the Comparison
its preliminary determination. If the Method
Public Comment final determination is affirmative, the B. Results of the Differential Pricing
Case briefs or other written comments ITC will determine before the later of Analysis
may be submitted to the Assistant 120 days after the date of this VI. Date of Sale
Secretary for Enforcement and preliminary determination or 45 days VII. Product Comparisons
Compliance no later than seven days after the final determination whether VIII. Export Price and Constructed Export
after the date on which the last these imports are materially injuring, or Price
verification report is issued in this threaten material injury to, the U.S. IX. Normal Value
investigation. Rebuttal briefs, limited to A. Home Market Viability
industry. B. Level of Trade
issues raised in case briefs, may be C. Cost of Production (COP) Analysis
submitted no later than five days after Notification to Interested Parties
1. Calculation of COP
the deadline date for case briefs.7 This determination is issued and 2. Test of Comparison Market Sales Prices
Pursuant to 19 CFR 351.309(c)(2) and published in accordance with sections 3. Results of the COP Test
(d)(2), parties who submit case briefs or 733(f) and 777(i)(1) of the Act and 19 D. Calculation of NV Based on Comparison
rebuttal briefs in this investigation are CFR 351.205(c). Market Price
encouraged to submit with each X. Adjustment to Cash Deposit Rate for
Dated: February 28, 2017. Export Subsidies
argument: (1) A statement of the issue;
Ronald K. Lorentzen, XI. Currency Conversion
(2) a brief summary of the argument;
Acting Assistant Secretary for Enforcement XII. Conclusion
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c), and Compliance. [FR Doc. 2017–04416 Filed 3–6–17; 8:45 am]
interested parties who wish to request a Appendix I BILLING CODE 3510–DS–P
hearing, limited to issues raised in the
Scope of the Investigation
case and rebuttal briefs, must submit a
written request to the Assistant The merchandise subject to this DEPARTMENT OF COMMERCE
Secretary for Enforcement and investigation is steel concrete reinforcing bar
imported in either straight length or coil form International Trade Administration
Compliance, U.S. Department of
(rebar) regardless of metallurgy, length,
Commerce, within 30 days after the date diameter, or grade or lack thereof. Subject
[A–570–010]
of publication of this notice. Requests merchandise includes deformed steel wire
with bar markings (e.g., mill mark, size, or
Certain Crystalline Silicon Photovoltaic
Determination Margin Calculation for Icdas Celik grade) and which has been subjected to an Products From the People’s Republic
sradovich on DSK3GMQ082PROD with NOTICES
Enerji Tersane ve Ulasim Sanayi A.S.,’’ dated elongation test. of China: Preliminary Results of
concurrently with this Notice; See also The subject merchandise includes rebar Antidumping Duty Administrative
Memorandum to the File, ‘‘Antidumping Duty
Investigation of Steel Concrete Reinforcing Bar
that has been further processed in the subject Review and Preliminary Determination
From the Republic of Turkey: Preliminary country or a third country, including but not of No Shipments; 2014–2016
Determination Calculation for the ‘All Others’ limited to cutting, grinding, galvanizing,
Rate,’’ dated concurrently with this Notice. painting, coating, or any other processing AGENCY: Enforcement and Compliance,
7 See 19 CFR 351.309; see also 19 CFR 351.303 that would not otherwise remove the International Trade Administration,
(for general filing requirements). merchandise from the scope of the Department of Commerce.
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![12796 Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices
transactions. In addition, the date of this notice, as provided by 6. Preliminary Determination of No
Department will calculate an estimated section 751(a)(2)(C) of the Act: (1) For Shipments
ad valorem importer-specific the exporters listed above, the cash 7. Selection of Respondents
8. Single Entity Treatment
assessment rate to determine whether deposit rate will be equal to the
9. Discussion of the Methodology
this rate is de minimis, however, the weighted-average dumping margin a. Non-Market Economy Country
Department will direct CBP to assess established in the final results of this b. Separate Rates
importer-specific assessment rates based review (except, if the rate is de minimis c. Rate for Non-Examined, Separate Rate
on the resulting per-unit rates.15 Where (i.e., less than 0.5 percent), then the cash Respondents
an importer-specific ad valorem deposit rate will be zero for that d. Application of Facts Available
assessment rate is not zero or de exporter); (2) for previously investigated e. Surrogate Country Selection
or reviewed PRC and non-PRC exporters f. Date of Sale
minimis, the Department will instruct
g. Fair Value Comparisons
CBP to collect the appropriate duties at not listed above that have separate rates, h. U.S. Price
the time of liquidation. Where either the the cash deposit rate will continue to be i. Normal Value
respondent’s weighted average dumping the exporter-specific rate published for j. Adjustments for Countervailable
margin is zero or de minimis, or an the most recently completed segment of Subsidies
importer-specific ad valorem this proceeding; (3) for all PRC exporters k. Currency Conversion
assessment rate is zero or de minimis, of subject merchandise which have not 10. Recommendation
the Department will instruct CBP to been found to be entitled to a separate [FR Doc. 2017–04420 Filed 3–6–17; 8:45 am]
liquidate appropriate entries without rate, the cash deposit rate will be the BILLING CODE 3510–DS–P
regard to antidumping duties.16 rate for the PRC-wide entity (i.e., 165.04
Pursuant to Departmental practice, for percent) 19 and (4) for all non-PRC
entries that were not reported in the exporters of subject merchandise that DEPARTMENT OF COMMERCE
U.S. sales database submitted by an have not received their own rate, the
exporter individually examined during cash deposit rate will be the rate International Trade Administration
this review, the Department will applicable to the PRC exporter that [A–588–876]
instruct CBP to liquidate such entries at supplied that non-PRC exporter. These
the rate for the PRC-wide entity.17 deposit requirements, when imposed, Steel Concrete Reinforcing Bar From
Because no party requested a review of shall remain in effect until further Japan: Preliminary Affirmative
the PRC-wide entity, the entity is not notice. Determination of Sales at Less Than
under review and the entity’s rate (i.e., Fair Value
Notification to Importers
165.04 percent) is not subject to AGENCY: Enforcement and Compliance,
change.18 Additionally, if the This notice also serves as a
preliminary reminder to importers of International Trade Administration,
Department determines that an exporter Department of Commerce.
under review had no shipments of the their responsibility under 19 CFR
351.402(f)(2) to file a certificate SUMMARY: The Department of Commerce
subject merchandise, any suspended
regarding the reimbursement of (the Department) preliminarily
entries that entered under that
antidumping duties and/or determines that steel concrete
exporter’s CBP case number will be reinforcing bar (rebar) from Japan is
liquidated at the rate for the PRC-wide countervailing duties prior to
liquidation of the relevant entries being, or is likely to be, sold in the
entity. United States at less than fair value
In accordance with section during this POR. Failure to comply with
this requirement could result in the (LTFV). The period of investigation
751(a)(2)(C) of the Act, the final results
Department’s presumption that (POI) is July 1, 2015, through June 30,
of this review shall be the basis for the 2016. The estimated dumping margins
assessment of antidumping duties on reimbursement of antidumping duties
and/or countervailing duties has of sales at LTFV are listed in the
entries of merchandise covered by the ‘‘Preliminary Determination’’ section of
final results of this review and for future occurred, and the subsequent
assessment of double antidumping this notice. Interested parties are invited
deposits of estimated antidumping to comment on this preliminary
duties, where applicable. duties and/or increase the amount of
antidumping duties by the amount of determination.
Cash Deposit Requirements the countervailing duties. DATES: Effective March 7, 2017.
The Department will instruct CBP to FOR FURTHER INFORMATION CONTACT:
Notification to Interested Parties
require a cash deposit for antidumping David Lindgren, AD/CVD Operations,
duties equal to the weighted-average We are issuing and publishing these Office VII, Enforcement and
amount by which the normal value results in accordance with sections Compliance, International Trade
exceeds U.S. price. The following cash 751(a)(1) and 777(i)(1) of the Act and 19 Administration, U.S. Department of
deposit requirements will be effective CFR 351.213 and 351.221(b)(4). Commerce, 1401 Constitution Avenue
for shipments of the subject Dated: February 28, 2017. NW., Washington, DC 20230; telephone:
merchandise from the PRC entered, or Ronald K. Lorentzen, (202) 482–3870.
withdrawn from warehouse, for Acting Assistant Secretary for Enforcement SUPPLEMENTARY INFORMATION:
consumption on or after the publication and Compliance. Background
15 Id. Appendix—List of Topics Discussed in This preliminary determination is
sradovich on DSK3GMQ082PROD with NOTICES
16 See Final Modification, 77 FR at 8103. the Preliminary Decision Memorandum made in accordance with section 733(b)
17 See Non-Market Economy Antidumping 1. Summary of the Tariff Act of 1930, as amended
Proceedings: Assessment of Antidumping Duties, 76 2. Background (the Act). The Department published the
FR 65694 (October 24, 2011), for a full discussion
of this practice.
3. Period of Review notice of initiation of this investigation
18 See Certain Crystalline Silicon Photovoltaic
4. Extension of Preliminary Results on October 18, 2016.1 For a complete
Products From the People’s Republic of China: 5. Scope of the Order
Final Determination of Sales at Less Than Fair 1 See Steel Concrete Reinforcing Bar From Japan,
Value, 79 FR 76970 (December 23, 2014). 19 See Final Determination at 76973. Taiwan and the Republic of Turkey: Initiation of
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Document Created: 2018-02-01 14:48:52
Document Modified: 2018-02-01 14:48:52
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective March 7, 2017. | |
| Contact | Jeff Pedersen, AD/CVD Operations, Office IV, Enforcement & Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-2769. | |
| FR Citation | 82 FR 12793 |
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