82 FR 55348 - Certain Tissue Paper Products From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016-2017

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 223 (November 21, 2017)

The Department of Commerce (Department) is conducting an administrative review of the antidumping duty order on certain tissue paper products (tissue paper) from the People's Republic of China (PRC) for the period of review (POR) March 1, 2016, through February 28, 2017. We preliminarily determine that mandatory respondent Global Key, Inc. (Global Key) is not eligible for a separate rate and, therefore, remains part of the PRC-wide entity. We also preliminarily determine that mandatory respondent Chung Rhy Special Paper Mill Co., Ltd. (Chung Rhy) had no shipments during the POR. If these preliminary results are adopted in the final results, the Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping (AD) duties on all appropriate entries of subject merchandise. Interested parties are invited to comment on these preliminary results.

[Federal Register Volume 82, Number 223 (Tuesday, November 21, 2017)]
[Notices]
[Pages 55348-55350]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25174]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-894]


Certain Tissue Paper Products From the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative Review 
and Preliminary Determination of No Shipments; 2016-2017

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 certain tissue 
paper products (tissue paper) from the People's Republic of China (PRC) 
for the period of review (POR) March 1, 2016, through February 28, 
2017. We preliminarily determine that mandatory respondent Global Key, 
Inc. (Global Key) is not eligible for a separate rate and, therefore, 
remains part of the PRC-wide entity. We also preliminarily determine 
that mandatory respondent Chung Rhy Special Paper Mill Co., Ltd. (Chung 
Rhy) had no shipments during the POR. If these preliminary results are 
adopted in the final results, the Department will instruct U.S. Customs 
and Border Protection (CBP) to assess antidumping (AD) duties on all 
appropriate entries of subject merchandise. Interested parties are 
invited to comment on these preliminary results.

DATES: Applicable November 21, 2017.

FOR FURTHER INFORMATION CONTACT: Brian Smith or Sergio Balbontin, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-1766 or (202) 
482-6478, respectively.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The merchandise subject to the order is certain tissue paper 
products. The merchandise subject to the order is classifiable under 
subheadings: 4802.30, 4802.54, 4802.61, 4802.62, 4802.69, 4804.31.1000, 
4804.31.2000, 4804.31.4020, 4804.31.4040, 4804.31.6000, 4804.39, 
4805.91.1090, 4805.91.5000, 4805.91.7000, 4806.40, 4808.30, 4808.90, 
4811.90, 4823.90, 4802.50.00, 4802.90.00, 4805.91.90, 
9505.90.40.2003.10.0027, 2003.10.0031, 2003.10.0037, 2003.10.0043 and 
2003.10.0047 of the Harmonized Tariff Schedule of the United States 
(HTSUS).

[[Page 55349]]

Although the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of this order is 
dispositive. A full description of the scope of the order is contained 
in the Preliminary Decision Memorandum.\1\
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    \1\ See Memorandum from James Maeder, Senior Director, 
performing the duties of the Associate Deputy Assistant Secretary 
for Antidumping and Countervailing Duty Operations, to Gary 
Taverman, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, performing the non-exclusive 
functions and duties of the Assistant Secretary for Enforcement and 
Compliance, ``Decision Memorandum for Preliminary Results of 
Antidumping Duty Administrative Review: Certain Tissue Paper 
Products from the People's Republic of China; 2016-2017,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Preliminary Determination of No Shipments

    Based on Chung Rhy's timely submitted certification \2\ and 
information from CBP,\3\ we preliminarily determine that Chung Rhy had 
no exports, sales, shipments, or entries of subject merchandise to the 
United States during the POR. In addition, the Department finds that, 
consistent with its assessment practice in non-market economy (NME) 
cases, it is appropriate not to rescind the review in part in these 
circumstances, but to complete the review with respect to Chung Rhy and 
issue appropriate instructions to CBP based on the final results of the 
review.\4\ For additional information regarding this determination, see 
the Preliminary Decision Memorandum.
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    \2\ See Letter from Chung Rhy, ``Antidumping Duty Administrative 
Review on Certain Tissue Paper Products from China (A-570-894) for 
the Period from March 1, 2016 to February 28, 2017,'' dated May 31, 
2017 (No Shipment Certification).
    \3\ See Memorandum, ``No Shipment Inquiry for Chung Rhy 
Specialty Paper Mfg. Co., during the period 03/01/2016-02/28/2017,'' 
dated August 4, 2017.
    \4\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``Assessment 
Notice''); see also ``Assessment Rates'' section below.
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Methodology

    The Department is conducting this review in accordance with 
sections 751(a)(1)(B) and 751(a)(2)(A) of the Tariff Act of 1930, as 
amended (the Act). Because Global Key did not respond to our AD 
questionnaire, we preliminarily determine that Global Key has not 
demonstrated its eligibility for a separate rate, and accordingly, we 
are preliminarily treating Global Key as part of the PRC-wide entity.
    The Department's policy regarding conditional review of the PRC-
wide entity applies to this administrative review.\5\ Under this 
policy, the PRC-wide entity will not be under review unless a party 
specifically requests, or the Department self-initiates, a review of 
the entity. Because no party requested a review of the PRC-wide entity 
in this review, the entity is not under review, and the entity's 
current rate, i.e., 112.64 percent,\6\ is not subject to change.
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    \5\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4, 
2013).
    \6\ See Notice of Amended Final Determination of Sales at Less 
than Fair Value and Antidumping Duty Order: Certain Tissue Paper 
Products from the People's Republic of China, 70 FR 16223 (March 30, 
2005). See also Certain Tissue Paper Products from the People's 
Republic of China: Final Results of the 2008-2009 Antidumping Duty 
Administrative Review, 75 FR 63806, 63809 (October 18, 2010), and 
accompanying Issues and Decision Memorandum, ``Issues and Decision 
Memorandum for the Final Results of the 2008-2009 Administrative 
Review of Certain Tissue Paper Products from the People's Republic 
of China (PRC).''
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    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
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 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 accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic 
version of the Preliminary Decision Memorandum are identical in 
content.

Disclosure

    Normally, the Department will disclose the calculations used in its 
analysis to parties in this review within five days of the date of 
publication of the notice of preliminary results in the Federal 
Register, in accordance with 19 CFR 351.224(b). However, in this case, 
there are no calculations to disclose.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than 30 
days after the publication of these preliminary results, unless the 
Secretary alters the time limit. Rebuttal briefs, limited to issues 
raised in case briefs, may be submitted no later than five days after 
the deadline for case briefs.\7\ Pursuant to 19 CFR 351.309(c)(2) and 
(d)(2), parties who submit case briefs or rebuttal briefs in this 
review are encouraged to submit with each argument: (1) A statement of 
the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
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    \7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, within 30 days after the date of 
publication of this notice. Requests should contain: (1) The party's 
name, address, and telephone number; (2) the number of participants; 
and (3) a list of the issues to be discussed. 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 time and date to be determined. Parties should confirm by 
telephone the date, time, and location of the hearing two days before 
the scheduled date.
    The Department intends to issue the final results of this 
administrative review, which will include the results of our analysis 
of the 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, AD duties on all appropriate entries covered by 
this review.\8\ The Department intends to issue assessment instructions 
to CBP 15 days after the publication date of the final results of this 
review. If the Department continues to find Global Key as part of the 
PRC-wide entity in the final results, the Department will instruct CBP 
to liquidate POR entries of subject merchandise from this company at 
the PRC-wide rate of 112.64 percent. Moreover, if the Department 
continues to make a no-shipment finding for Chung Rhy in the final 
results, any suspended entries of subject merchandise from Chung Rhy 
will also be liquidated at the PRC-wide rate.\9\
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    \8\ See 19 CFR 351.212(b).
    \9\ See Assessment Notice.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this

[[Page 55350]]

administrative review for shipments of the subject merchandise from the 
PRC entered, or withdrawn from warehouse, for consumption on or after 
the publication date, as provided by section 751(a)(2)(C) of the Act: 
(1) For previously investigated or reviewed PRC and non-PRC exporters 
not listed above that received a separate rate in a prior segment of 
this proceeding, the cash deposit rate will continue to be the existing 
exporter-specific rate; (2) for all PRC exporters of subject 
merchandise that have not been found to be entitled to a separate rate, 
the cash deposit rate will be that for the PRC-wide entity, 112.64 per 
cent; 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 that supplied that non-PRC 
exporter. These deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: November 15, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
    a. Preliminary Determination of No Shipments
    b. NME Country Status
    c. Separate Rates
5. Recommendation

[FR Doc. 2017-25174 Filed 11-20-17; 8:45 am]
BILLING CODE 3510-DS-P