83_FR_64065 83 FR 63827 - Welded Stainless Pressure Pipe From India: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017

83 FR 63827 - Welded Stainless Pressure Pipe From India: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 238 (December 12, 2018)

Page Range63827-63829
FR Document2018-26815

The Department of Commerce (Commerce) preliminarily determines that producers/exporters subject to this review made sales of subject merchandise at less than normal value during the May 10, 2016, through October 31, 2017, period of review (POR). We invite interested parties to comment on these preliminary results.

Federal Register, Volume 83 Issue 238 (Wednesday, December 12, 2018)
[Federal Register Volume 83, Number 238 (Wednesday, December 12, 2018)]
[Notices]
[Pages 63827-63829]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26815]



[[Page 63827]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-867]


Welded Stainless Pressure Pipe From India: Preliminary Results of 
Antidumping Duty Administrative Review; 2016-2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that producers/exporters subject to this review made sales of subject 
merchandise at less than normal value during the May 10, 2016, through 
October 31, 2017, period of review (POR). We invite interested parties 
to comment on these preliminary results.

DATES: Applicable December 12, 2018.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Stephanie Berger, 
AD/CVD Operations, Office III, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4243 
and (202) 482-2483, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce is conducting an administrative review of the antidumping 
duty (AD) order on welded stainless pressure pipe (WSPP) from India.\1\ 
We selected two companies, Bhandari Foils & Tubes, Ltd. (Bhandari) and 
Hindustan Inox, Ltd. (Hindustan Inox), for individual examination.\2\ 
For a complete description of the events that followed the initiation 
of this review, see the Preliminary Decision Memorandum.\3\ A list of 
topics included in the Preliminary Decision Memorandum is included as 
an Appendix to this notice.
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 1329 (January 11, 2018) (Initiation 
Notice).
    \2\ See memorandum, ``First Antidumping Duty Administrative 
Review of Welded Stainless Pressure Pipe from India: Respondent 
Selection,'' dated February 2, 2018.
    \3\ See memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review: Welded Stainless 
Pressure Pipe from India, 2016-2017,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order \4\
---------------------------------------------------------------------------

    \4\ For the full text of the scope of the order, see the 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    The merchandise covered by this order is circular welded austenitic 
stainless pressure pipe not greater than 14 inches in outside diameter. 
For purposes of this scope, references to size are in nominal inches 
and include all products within tolerances allowed by pipe 
specifications. This merchandise includes, but is not limited to, the 
American Society for Testing and Materials (ASTM) A-312 or ASTM A-778 
specifications, or comparable domestic or foreign specifications. ASTM 
A-358 products are only included when they are produced to meet ASTM A-
312 or ASTM A-778 specifications, or comparable domestic or foreign 
specifications.
    The subject imports are normally classified in subheadings 
7306.40.5005, 7306.40.5040, 7306.40.5062, 7306.40.5064, and 
7306.40.5085 of the Harmonized Tariff Schedule of the United States 
(HTSUS). They may also enter under HTSUS subheadings 7306.40.1010, 
7306.40.1015, 7306.40.5042, 7306.40.5044, 7306.40.5080, and 
7306.40.5090. The HTSUS subheadings are provided for convenience and 
customs purposes only; the written description of the scope of this 
order is dispositive.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1) and (2) of Tariff Act of 1930, as amended (the Act). Export 
price and constructed export price were calculated in accordance with 
section 772 of the Act. Normal value was calculated in accordance with 
section 773 of the Act.
    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 https://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 accessed directly on the 
internet at http://enforcement.trade.gov/frn/index.html. The signed 
Preliminary Decision Memorandum and the electronic version of the 
Preliminary Decision Memorandum are identical in content.

Preliminary Results of the Review

    We preliminarily determine the following weighted-average dumping 
margins exist for the POR:
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    \5\ This rate is based on the rates for the respondents that 
were selected for individual review, excluding rates that are zero, 
de minimis or based entirely on facts available. See section 
735(c)(5)(A) of the Act. See also See Memorandum, ``Welded Stainless 
Pressure Pipe from India: Calculation of the All-Others Rate in the 
Preliminary Results of Antidumping Duty Administrative Review; 2016-
2017,'' dated concurrently with this notice.

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                    Exporter/producer                         average
                                                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
Bhandari Foils & Tubes, Ltd.............................            7.19
Hindustan Inox, Ltd.....................................            2.03
Apex Tubes Private Ltd..................................        \5\ 3.89
Apurvi Industries.......................................            3.89
Arihant Tubes...........................................            3.89
Divine Tubes Pvt. Ltd...................................            3.89
Heavy Metal & Tubes.....................................            3.89
J.S.S. Steelitalia Ltd..................................            3.89
Linkwell Seamless Tubes Private Limited.................            3.89
Maxim Tubes Company Pvt. Ltd............................            3.89
MBM Tubes Pvt. Ltd......................................            3.89
Mukat Tanks & Vessel Ltd................................            3.89
Neotiss Ltd.............................................            3.89
Prakash Steelage Ltd....................................            3.89
Quality Stainless Pvt. Ltd..............................            3.89
Raajratna Metal Industries Ltd..........................            3.89
Ratnadeep Metal & Tubes Ltd.............................            3.89
Ratnamani Metals & Tubes Ltd............................            3.89
Remi Edelstahl Tubulars.................................            3.89
Shubhlaxmi Metals & Tubes Private Limited...............            3.89
SLS Tubes Pvt. Ltd......................................            3.89
Steamline Industries Ltd................................            3.89
------------------------------------------------------------------------

Assessment Rates

    Upon issuance of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review.
    If the weighted-average dumping margin for the mandatory 
respondents (i.e., Bhandari and Hindustan Inox) is not zero or de 
minimis (i.e., less than 0.5 percent), we will calculate importer-
specific ad valorem AD assessment rates based on the ratio of the total 
amount of dumping calculated for the importers examined sales to the 
total entered value of those same sales in accordance with 19 CFR 
351.212(b)(1).\6\ We will

[[Page 63828]]

instruct CBP to assess antidumping duties on all appropriate entries 
covered by this review when the importer-specific assessment rate 
calculated in the final results of this review is above de minimis 
(i.e., 0.5 percent). Where either the respondent's weighted-average 
dumping margin is zero or de minimis, or an importer-specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties. 
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 where applicable.
---------------------------------------------------------------------------

    \6\ In these preliminary results, Commerce applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: See Calculation of the Weighted-Average Dumping Margin 
and Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------

    For the companies which were not selected for individual review, we 
will assign an assessment rate based on the weighted-average of the 
cash deposit rates calculated for the companies selected for mandatory 
review (i.e., Bhandari and Hindustan), excluding any which are zero, de 
minimis, or determined entirely on adverse facts available. The final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated duties, 
where applicable.\7\
---------------------------------------------------------------------------

    \7\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by each 
respondent for which they did not know that their merchandise was 
destined for the United States, we will instruct CBP to liquidate 
entries not reviewed at the all-others rate of 8.35 percent if there is 
no rate for the intermediate company(ies) involved in the 
transaction.\8\ We intend to issue instructions to CBP 15 days after 
publication of the final results of this review.
---------------------------------------------------------------------------

    \8\ See Order.
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of WSPP from India entered, or withdrawn from warehouse, 
for consumption on or after the date of publication provided by section 
751(a)(2) of the Act: (1) The cash deposit rate for each company listed 
above will be equal to the dumping margins established in the final 
results of this review except if the ultimate rates are de minimis 
within the meaning of 19 CFR 351.106(c)(1), in which case the cash 
deposit rates will be zero; (2) for merchandise exported by producers 
or exporters not covered in this administrative review but covered in a 
prior segment of the proceeding, the cash deposit rate will continue to 
be the company-specific rate published for the most recently completed 
segment of this proceeding in which the producer or exporter 
participated; (3) if the exporter is not a firm covered in this review, 
a prior review, or the original less-than-fair-value investigation but 
the producer is, the cash deposit rate will be the rate established for 
the most recently completed segment of the proceeding for the producer 
of the merchandise; and (4) the cash deposit rate for all other 
producers or exporters will continue to be 8.35 percent, the all-others 
rate established in the antidumping investigation.\9\ These deposit 
requirements, when imposed, shall remain in effect until further 
notice.
---------------------------------------------------------------------------

    \9\ Id.
---------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce will disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days of the date of publication of these preliminary results.\10\ 
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit 
case briefs not later than 30 days after the date of publication of 
this notice. Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed not later than five days after the date for filing 
case briefs.\11\ Parties who submit case briefs or rebuttal briefs in 
this proceeding are requested to submit with the argument: (1) A 
statement of the issue, (2) a summary of the argument, and (3) a table 
of authorities.\12\ All briefs must be filed electronically using 
ACCESS. An electronically filed document must be received successfully 
in its entirety by Commerce's electronic records system, ACCESS.
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.224(b).
    \11\ See 19 CFR 351.309(d).
    \12\ See 19 CFR 351.309(c)(2) and (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, using Enforcement and 
Compliance's ACCESS system within 30 days of publication of this 
notice.\13\ Requests should contain the party's name, address, and 
telephone number, the number of participants, and a list of the issues 
to be discussed. If a request for a hearing is made, we will inform 
parties of the scheduled date for the hearing which will be held at the 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230, at a time and location to be determined.\14\ Parties should 
confirm by telephone the date, time, and location of the hearing.
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.310(c).
    \14\ See 19 CFR 351.310.
---------------------------------------------------------------------------

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h)(2), Commerce will issue the final results 
of this administrative review, including the results of our analysis of 
the issues raised by the parties in their case briefs, within 120 days 
after issuance of these preliminary results.

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 and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping duties occurred and the 
subsequent assessment of doubled antidumping duties.
    These preliminary results of review is are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.213(h).

    Dated: December 3, 2018.
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:

I. Summary
II. Background
III. Scope of the Order
IV. Rates for Respondents Not Selected for Individual Examination
V. Discussion of the Methodology
    A. Comparisons to Normal Value
    B. Determination of the Comparison Method
    C. Results of the Differential Pricing Analysis
VI. Date of Sale
VII. Product Comparisons
VIII. Export Price
IX. Normal Value
    A. Home Market Viability
    B. Affiliated-Party Transactions and Arm's-Length Test
    C. Level of Trade
    D. Cost of Production Analysis
    E. Calculation of NV Based on Comparison Market Prices

[[Page 63829]]

X. Currency Conversion
XI. Recommendation

[FR Doc. 2018-26815 Filed 12-11-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                       Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Notices                                                          63827

                                              DEPARTMENT OF COMMERCE                                  14 inches in outside diameter. For                    Preliminary Results of the Review
                                                                                                      purposes of this scope, references to size              We preliminarily determine the
                                              International Trade Administration                      are in nominal inches and include all                 following weighted-average dumping
                                              [A–533–867]                                             products within tolerances allowed by                 margins exist for the POR:
                                                                                                      pipe specifications. This merchandise
                                              Welded Stainless Pressure Pipe From                     includes, but is not limited to, the                                                                Estimated
                                              India: Preliminary Results of                           American Society for Testing and                                                                    weighted-
                                              Antidumping Duty Administrative                                                                                                                              average
                                                                                                      Materials (ASTM) A–312 or ASTM A–                              Exporter/producer                    dumping
                                              Review; 2016–2017                                       778 specifications, or comparable                                                                    margin
                                              AGENCY:  Enforcement and Compliance,                    domestic or foreign specifications.                                                                 (percent)
                                              International Trade Administration,                     ASTM A–358 products are only
                                                                                                                                                            Bhandari Foils & Tubes, Ltd                           7.19
                                              Department of Commerce.                                 included when they are produced to
                                                                                                                                                            Hindustan Inox, Ltd ..............                    2.03
                                              SUMMARY: The Department of Commerce                     meet ASTM A–312 or ASTM A–778                         Apex Tubes Private Ltd ........                     5 3.89

                                              (Commerce) preliminarily determines                     specifications, or comparable domestic                Apurvi Industries ...................                 3.89
                                              that producers/exporters subject to this                or foreign specifications.                            Arihant Tubes .......................                 3.89
                                              review made sales of subject                              The subject imports are normally                    Divine Tubes Pvt. Ltd ...........                     3.89
                                              merchandise at less than normal value                                                                         Heavy Metal & Tubes ...........                       3.89
                                                                                                      classified in subheadings 7306.40.5005,               J.S.S. Steelitalia Ltd .............                  3.89
                                              during the May 10, 2016, through                        7306.40.5040, 7306.40.5062,                           Linkwell Seamless Tubes
                                              October 31, 2017, period of review                      7306.40.5064, and 7306.40.5085 of the                   Private Limited ..................                 3.89
                                              (POR). We invite interested parties to                  Harmonized Tariff Schedule of the                     Maxim Tubes Company Pvt.
                                              comment on these preliminary results.                   United States (HTSUS). They may also                    Ltd .....................................          3.89
                                              DATES: Applicable December 12, 2018.                    enter under HTSUS subheadings                         MBM Tubes Pvt. Ltd .............                     3.89
                                              FOR FURTHER INFORMATION CONTACT:                                                                              Mukat Tanks & Vessel Ltd ...                         3.89
                                                                                                      7306.40.1010, 7306.40.1015,                           Neotiss Ltd ............................             3.89
                                              Laurel LaCivita or Stephanie Berger,                    7306.40.5042, 7306.40.5044,                           Prakash Steelage Ltd ...........                     3.89
                                              AD/CVD Operations, Office III,                          7306.40.5080, and 7306.40.5090. The                   Quality Stainless Pvt. Ltd .....                     3.89
                                              Enforcement and Compliance,                             HTSUS subheadings are provided for                    Raajratna Metal Industries
                                              International Trade Administration,                     convenience and customs purposes                        Ltd .....................................          3.89
                                              U.S. Department of Commerce, 1401                       only; the written description of the                  Ratnadeep Metal & Tubes
                                              Constitution Avenue NW, Washington,                     scope of this order is dispositive.                     Ltd .....................................          3.89
                                              DC 20230; telephone: (202) 482–4243                                                                           Ratnamani Metals & Tubes
                                              and (202) 482–2483, respectively.                       Methodology                                             Ltd .....................................          3.89
                                                                                                                                                            Remi Edelstahl Tubulars ......                       3.89
                                              SUPPLEMENTARY INFORMATION:
                                                                                                         Commerce is conducting this review                 Shubhlaxmi Metals & Tubes
                                              Background                                              in accordance with section 751(a)(1) and                Private Limited ..................                 3.89
                                                                                                      (2) of Tariff Act of 1930, as amended                 SLS Tubes Pvt. Ltd ..............                    3.89
                                                Commerce is conducting an                                                                                   Steamline Industries Ltd .......                     3.89
                                              administrative review of the                            (the Act). Export price and constructed
                                              antidumping duty (AD) order on welded                   export price were calculated in
                                                                                                                                                            Assessment Rates
                                              stainless pressure pipe (WSPP) from                     accordance with section 772 of the Act.
                                              India.1 We selected two companies,                      Normal value was calculated in                           Upon issuance of the final results,
                                              Bhandari Foils & Tubes, Ltd. (Bhandari)                 accordance with section 773 of the Act.               Commerce shall determine, and U.S.
                                              and Hindustan Inox, Ltd. (Hindustan                                                                           Customs and Border Protection (CBP)
                                                                                                         For a full description of the                      shall assess, antidumping duties on all
                                              Inox), for individual examination.2 For                 methodology underlying our
                                              a complete description of the events that                                                                     appropriate entries covered by this
                                                                                                      conclusions, see the Preliminary                      review.
                                              followed the initiation of this review,
                                                                                                      Decision Memorandum. The                                 If the weighted-average dumping
                                              see the Preliminary Decision
                                                                                                      Preliminary Decision Memorandum is a                  margin for the mandatory respondents
                                              Memorandum.3 A list of topics included
                                              in the Preliminary Decision                             public document and is on file                        (i.e., Bhandari and Hindustan Inox) is
                                              Memorandum is included as an                            electronically via Enforcement and                    not zero or de minimis (i.e., less than 0.5
                                              Appendix to this notice.                                Compliance’s Antidumping and                          percent), we will calculate importer-
                                                                                                      Countervailing Duty Centralized                       specific ad valorem AD assessment rates
                                              Scope of the Order 4                                    Electronic Service System (ACCESS).                   based on the ratio of the total amount of
                                                The merchandise covered by this                       ACCESS is available to registered users               dumping calculated for the importers
                                              order is circular welded austenitic                     at https://access.trade.gov and is                    examined sales to the total entered
                                              stainless pressure pipe not greater than                available to all parties in the Central               value of those same sales in accordance
                                                                                                      Records Unit, Room B8024 of the main                  with 19 CFR 351.212(b)(1).6 We will
                                                1 See Initiation of Antidumping and
                                                                                                      Department of Commerce building. In
                                              Countervailing Duty Administrative Reviews, 83 FR                                                               5 This rate is based on the rates for the
                                              1329 (January 11, 2018) (Initiation Notice).
                                                                                                      addition, a complete version of the
                                                                                                                                                            respondents that were selected for individual
                                                2 See memorandum, ‘‘First Antidumping Duty            Preliminary Decision Memorandum can                   review, excluding rates that are zero, de minimis or
                                              Administrative Review of Welded Stainless               be accessed directly on the internet at               based entirely on facts available. See section
                                              Pressure Pipe from India: Respondent Selection,’’       http://enforcement.trade.gov/frn/                     735(c)(5)(A) of the Act. See also See Memorandum,
amozie on DSK3GDR082PROD with NOTICES1




                                              dated February 2, 2018.                                                                                       ‘‘Welded Stainless Pressure Pipe from India:
                                                3 See memorandum, ‘‘Decision Memorandum for           index.html. The signed Preliminary                    Calculation of the All-Others Rate in the
                                              the Preliminary Results of Antidumping Duty             Decision Memorandum and the                           Preliminary Results of Antidumping Duty
                                              Administrative Review: Welded Stainless Pressure        electronic version of the Preliminary                 Administrative Review; 2016–2017,’’ dated
                                              Pipe from India, 2016–2017,’’ dated concurrently        Decision Memorandum are identical in                  concurrently with this notice.
                                              with, and hereby adopted by, this notice                                                                        6 In these preliminary results, Commerce applied
                                              (Preliminary Decision Memorandum).                      content.                                              the assessment rate calculation method adopted in
                                                4 For the full text of the scope of the order, see                                                          Antidumping Proceedings: See Calculation of the
                                              the Preliminary Decision Memorandum.                                                                                                                           Continued




                                         VerDate Sep<11>2014   18:39 Dec 11, 2018   Jkt 247001   PO 00000   Frm 00003   Fmt 4703   Sfmt 4703   E:\FR\FM\12DEN1.SGM     12DEN1


                                              63828                    Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Notices

                                              instruct CBP to assess antidumping                      of 19 CFR 351.106(c)(1), in which case                scheduled date for the hearing which
                                              duties on all appropriate entries covered               the cash deposit rates will be zero; (2)              will be held at the U.S. Department of
                                              by this review when the importer-                       for merchandise exported by producers                 Commerce, 1401 Constitution Avenue
                                              specific assessment rate calculated in                  or exporters not covered in this                      NW, Washington, DC 20230, at a time
                                              the final results of this review is above               administrative review but covered in a                and location to be determined.14 Parties
                                              de minimis (i.e., 0.5 percent). Where                   prior segment of the proceeding, the                  should confirm by telephone the date,
                                              either the respondent’s weighted-                       cash deposit rate will continue to be the             time, and location of the hearing.
                                              average dumping margin is zero or de                    company-specific rate published for the                 Unless the deadline is extended
                                              minimis, or an importer-specific                        most recently completed segment of this               pursuant to section 751(a)(3)(A) of the
                                              assessment rate is zero or de minimis,                  proceeding in which the producer or                   Act and 19 CFR 351.213(h)(2),
                                              we will instruct CBP to liquidate the                   exporter participated; (3) if the exporter            Commerce will issue the final results of
                                              appropriate entries without regard to                   is not a firm covered in this review, a               this administrative review, including
                                              antidumping duties. The final results of                prior review, or the original less-than-              the results of our analysis of the issues
                                              this review shall be the basis for the                  fair-value investigation but the producer             raised by the parties in their case briefs,
                                              assessment of antidumping duties on                     is, the cash deposit rate will be the rate            within 120 days after issuance of these
                                              entries of merchandise covered by the                   established for the most recently                     preliminary results.
                                              final results of this review where                      completed segment of the proceeding
                                              applicable.                                                                                                   Notification To Importers
                                                                                                      for the producer of the merchandise;
                                                 For the companies which were not                     and (4) the cash deposit rate for all other             This notice also serves as a
                                              selected for individual review, we will                 producers or exporters will continue to               preliminary reminder to importers of
                                              assign an assessment rate based on the                  be 8.35 percent, the all-others rate                  their responsibility under 19 CFR
                                              weighted-average of the cash deposit                    established in the antidumping                        351.402(f)(2) to file a certificate
                                              rates calculated for the companies                      investigation.9 These deposit                         regarding the reimbursement of
                                              selected for mandatory review (i.e.,                    requirements, when imposed, shall                     antidumping and/or countervailing
                                              Bhandari and Hindustan), excluding                      remain in effect until further notice.                duties prior to liquidation of the
                                              any which are zero, de minimis, or                                                                            relevant entries during this review
                                              determined entirely on adverse facts                    Disclosure and Public Comment                         period. Failure to comply with this
                                              available. The final results of this                       Commerce will disclose to parties to               requirement could result in Commerce’s
                                              review shall be the basis for the                       this proceeding the calculations                      presumption that reimbursement of
                                              assessment of antidumping duties on                     performed in reaching the preliminary                 antidumping duties occurred and the
                                              entries of merchandise covered by the                   results within five days of the date of               subsequent assessment of doubled
                                              final results of this review and for future             publication of these preliminary                      antidumping duties.
                                              deposits of estimated duties, where                     results.10 Pursuant to 19 CFR                           These preliminary results of review is
                                              applicable.7                                            351.309(c)(1)(ii), interested parties may             are issued and published in accordance
                                                 In accordance with Commerce’s                        submit case briefs not later than 30 days             with sections 751(a)(1) and 777(i)(1) of
                                              ‘‘automatic assessment’’ practice, for                  after the date of publication of this                 the Act and 19 CFR 351.213(h).
                                              entries of subject merchandise during                   notice. Rebuttal briefs, limited to issues              Dated: December 3, 2018.
                                              the POR produced by each respondent                     raised in the case briefs, may be filed               Gary Taverman,
                                              for which they did not know that their                  not later than five days after the date for
                                              merchandise was destined for the                                                                              Deputy Assistant Secretary for Antidumping
                                                                                                      filing case briefs.11 Parties who submit              and Countervailing Duty Operations,
                                              United States, we will instruct CBP to                  case briefs or rebuttal briefs in this                performing the non-exclusive functions and
                                              liquidate entries not reviewed at the all-              proceeding are requested to submit with               duties of the Assistant Secretary for
                                              others rate of 8.35 percent if there is no              the argument: (1) A statement of the                  Enforcement and Compliance.
                                              rate for the intermediate company(ies)                  issue, (2) a summary of the argument,
                                              involved in the transaction.8 We intend                                                                       Appendix
                                                                                                      and (3) a table of authorities.12 All briefs
                                              to issue instructions to CBP 15 days                    must be filed electronically using                    List of Topics Discussed in the Preliminary
                                              after publication of the final results of               ACCESS. An electronically filed                       Decision Memorandum:
                                              this review.                                            document must be received successfully                I. Summary
                                              Cash Deposit Requirements                               in its entirety by Commerce’s electronic              II. Background
                                                                                                      records system, ACCESS.                               III. Scope of the Order
                                                The following deposit requirements                                                                          IV. Rates for Respondents Not Selected for
                                                                                                         Interested parties who wish to request
                                              will be effective upon publication of the                                                                           Individual Examination
                                                                                                      a hearing must submit a written request               V. Discussion of the Methodology
                                              notice of final results of administrative
                                                                                                      to the Assistant Secretary for                           A. Comparisons to Normal Value
                                              review for all shipments of WSPP from
                                                                                                      Enforcement and Compliance, U.S.                         B. Determination of the Comparison
                                              India entered, or withdrawn from
                                                                                                      Department of Commerce, using                               Method
                                              warehouse, for consumption on or after                                                                           C. Results of the Differential Pricing
                                                                                                      Enforcement and Compliance’s ACCESS
                                              the date of publication provided by                                                                                 Analysis
                                                                                                      system within 30 days of publication of
                                              section 751(a)(2) of the Act: (1) The cash                                                                    VI. Date of Sale
                                                                                                      this notice.13 Requests should contain
                                              deposit rate for each company listed                                                                          VII. Product Comparisons
                                                                                                      the party’s name, address, and
                                              above will be equal to the dumping                                                                            VIII. Export Price
                                              margins established in the final results                telephone number, the number of                       IX. Normal Value
                                              of this review except if the ultimate                   participants, and a list of the issues to                A. Home Market Viability
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                                              rates are de minimis within the meaning                 be discussed. If a request for a hearing                 B. Affiliated-Party Transactions and Arm’s-
                                                                                                      is made, we will inform parties of the                      Length Test
                                                                                                                                                               C. Level of Trade
                                              Weighted-Average Dumping Margin and
                                              Assessment Rate in Certain Antidumping
                                                                                                        9 Id.                                                  D. Cost of Production Analysis
                                              Proceedings: Final Modification, 77 FR 8101               10 See 19 CFR 351.224(b).                              E. Calculation of NV Based on Comparison
                                              (February 14, 2012).                                      11 See 19 CFR 351.309(d).                                 Market Prices
                                                7 See section 751(a)(2)(C) of the Act.                  12 See 19 CFR 351.309(c)(2) and (d)(2).
                                                8 See Order.                                            13 See 19 CFR 351.310(c).                             14 See   19 CFR 351.310.



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                                                                       Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Notices                                                  63829

                                              X. Currency Conversion                                     The Preliminary Decision                           information contradicting the claims of
                                              XI. Recommendation                                      Memorandum is a public document and                   five of the companies under review
                                              [FR Doc. 2018–26815 Filed 12–11–18; 8:45 am]            is on file electronically via Enforcement             which claimed to have made no
                                              BILLING CODE 3510–DS–P                                  and Compliance’s Antidumping and                      shipments, Commerce preliminarily
                                                                                                      Countervailing Duty Centralized                       determines that these five companies
                                                                                                      Electronic Service System (ACCESS).                   did not have any reviewable
                                              DEPARTMENT OF COMMERCE                                  ACCESS is available to registered users               transactions during the POR.6 For
                                                                                                      at http://access.trade.gov and in the                 additional information regarding this
                                              International Trade Administration                      Central Records Unit, room B8024 of the               determination, see the Preliminary
                                              [A–570–890]                                             main Department of Commerce                           Decision Memorandum. Consistent with
                                                                                                      building. In addition, a complete                     Commerce’s practice in non-market
                                              Wooden Bedroom Furniture From the                       version of the Preliminary Decision                   economy (NME) cases, Commerce is not
                                              People’s Republic of China:                             Memorandum can be accessed directly                   rescinding this AR, in part, with respect
                                              Preliminary Results of Antidumping                      at http://enforcement.trade.gov/frn/.                 to these five companies, but intends to
                                              Duty Administrative Review; 2017                        The signed Preliminary Decision                       complete the review with respect to the
                                              AGENCY:   Enforcement and Compliance,                   Memorandum and the electronic                         companies for which it has
                                              International Trade Administration,                     version of the Preliminary Decision                   preliminarily found no shipments and
                                              Department of Commerce.                                 Memorandum are identical in content.                  issue appropriate instructions to CBP
                                              SUMMARY: The Department of Commerce                     Scope of the Order                                    based on the final results of the review.7
                                              (Commerce) preliminarily determines                                                                           Separate Rates
                                                                                                        The product covered by the Order is
                                              that eight companies, including the
                                                                                                      wooden bedroom furniture, subject to
                                              mandatory respondent, Decca Furniture                                                                            Decca was the only company under
                                                                                                      certain exceptions.4 Imports of subject
                                              Ltd. (Decca), have not established their                                                                      review that submitted a separate rate
                                                                                                      merchandise are classified under the
                                              entitlement to a separate rate and are                                                                        application, and Commerce issued the
                                                                                                      Harmonized Tariff Schedule of the
                                              part of the China-wide entity, and that                                                                       antidumping duty questionnaire to
                                                                                                      United States (HTSUS) subheadings:
                                              five companies had no reviewable                                                                              Decca as the sole mandatory
                                                                                                      9403.90.7005, 9403.90.7080,
                                              transactions during the January 1, 2017,                                                                      respondent. However, as noted above,
                                                                                                      9403.50.9041, 9403.60.8081,
                                              through December 31, 2017, period of                                                                          Decca did not respond to Commerce’s
                                                                                                      9403.20.0018, 9403.90.8041,
                                              review (POR). We invite interested                                                                            antidumping duty questionnaire.
                                                                                                      7009.92.1000 or 7009.92.5000. Although
                                              parties to comment on these preliminary                                                                       Therefore, Commerce preliminarily
                                                                                                      the HTSUS subheadings are provided
                                              results.                                                                                                      determines that Decca did not establish
                                                                                                      for convenience and customs purposes,
                                              DATES: Applicable December 12, 2018.                                                                          its eligibility for separate rate status. In
                                                                                                      the written product description in the
                                              FOR FURTHER INFORMATION CONTACT:                                                                              addition, seven other companies for
                                                                                                      Order remains dispositive.5
                                              Patrick O’Connor, AD/CVD Operations,                                                                          which a review was requested failed to
                                              Office IV, Enforcement and Compliance,                  Methodology                                           provide separate rate applications or
                                              International Trade Administration,                        Commerce is conducting this review                 certifications.8 Therefore, Commerce
                                              Department of Commerce, 1401                            in accordance with section 751(a)(1)(B)               preliminarily determines that these
                                              Constitution Avenue NW, Washington,                     of the Tariff Act of 1930, as amended                 eight companies are part of the China-
                                              DC 20230; telephone: (202) 482–0989.                    (the Act) and 19 CFR 351.213. For a full              wide entity. Because no party requested
                                              SUPPLEMENTARY INFORMATION:                              description of the methodology                        a review of the China-wide entity, the
                                                                                                      underlying our preliminary results of                 entity is not under review, and the
                                              Background                                                                                                    entity’s dumping margin of 216.01
                                                                                                      review, see the Preliminary Decision
                                                 After initiating this review with                    Memorandum. A list of topics discussed                percent is not subject to change.9 For
                                              respect to 73 companies or company                      in the Preliminary Decision
                                                                                                                                                               6 The five companies/company groupings are: (1)
                                              groupings,1 interested parties withdrew                 Memorandum is provided in the
                                                                                                                                                            Dongguan Sunrise Furniture Co., Ltd., Taicang
                                              all review requests for 60 of the 73                    Appendix to this notice.                              Sunrise Wood Industry Co., Ltd., Taicang
                                              companies. Thus, Commerce rescinded                                                                           Fairmount Designs Furniture Co., Ltd., Meizhou
                                              this review with respect to those                       Preliminary Determination of No                       Sunrise Furniture Co., Ltd.; (2) Dongguan Sunrise
                                              companies.2 On June 20, 2018,                           Shipments                                             Furniture Co., Taicang Sunrise Wood Industry Co.,
                                                                                                                                                            Ltd., Shanghai Sunrise Furniture Co. Ltd., Fairmont
                                              Commerce issued an antidumping duty                       Because U.S. Customs and Border                     Designs; (3) Eurosa (Kunshan) Co., Ltd., Eurosa
                                              questionnaire to Decca, the only                        Protection (CBP) did not provide any                  Furniture Co., (PTE) Ltd.; (4) Shenyang Shining
                                              company under review that filed a                                                                             Dongxing Furniture Co., Ltd. (Shenyang Shining);
                                              separate rate application. Decca did not                Review: Wooden Bedroom Furniture from the             and (5) Yeh Brothers World Trade Inc.
                                              respond to the questionnaire. For a                     People’s Republic of China,’’ from James Maeder,         7 See Non-Market Economy Antidumping

                                                                                                      Senior Director, performing the duties of Deputy      Proceedings: Assessment of Antidumping Duties, 76
                                              complete description of the events that                 Assistant Secretary for Antidumping Duty and          FR 65694, 65694–95 (October 24, 2011) and the
                                              followed the initiation of this                         Countervailing Duty Operations, to Gary Taverman,     ‘‘Assessment Rates’’ section, below.
                                              administrative review, see the                          Deputy Assistant Secretary for Antidumping and           8 The seven companies are: (1) Dongguan

                                              Preliminary Decision Memorandum                         Countervailing Duty Operations, performing the        Kingstone Furniture Co., Ltd.; Kingstone Furniture
                                                                                                      non-exclusive functions and duties of the Assistant   Co., Ltd.; (2) Kunshan Summit Furniture Co., Ltd.;
                                              which is hereby adopted by this notice.3                Secretary for Enforcement and Compliance              (3) Qingdao Liangmu Co., Ltd.; (4) Restonic
                                                                                                      (Preliminary Decision Memorandum), dated              (Dongguan) Furniture Ltd.; Restonic Far East
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                                                1 See Initiation of Antidumping and                   concurrently with this notice.                        (Samoa) Ltd.; (5) Rizhao Sanmu Woodworking Co.,
                                              Countervailing Duty Administrative Reviews, 83 FR         4 See Notice of Amended Final Determination of      Ltd.; (6) Techniwood Industries Ltd.; Ningbo
                                              11685 (March 16, 2018) (Initiation Notice).             Sales at Less Than Fair Value and Antidumping         Furniture Industries Ltd.; Ningbo Hengrun
                                                2 See Wooden Bedroom Furniture from the               Duty Order: Wooden Bedroom Furniture from the         Furniture Co., Ltd.; and (7) Zhangjiagang Zheng Yan
                                              People’s Republic of China: Notice of Partial           People’s Republic of China, 70 FR 329 (January 4,     Decoration Co., Ltd.
                                              Rescission of Antidumping Duty Administrative           2005) (Order).                                           9 See Second Amended Final Results of
                                              Review, 83 FR 45607 (September 10, 2018).                 5 For a complete description of the scope of the    Antidumping Duty Administrative Review: Wooden
                                                3 See ‘‘Decision Memorandum for the Preliminary       Order, please see the Preliminary Decision            Bedroom Furniture from the People’s Republic of
                                              Results of the Antidumping Duty Administrative          Memorandum.                                           China, 72 FR 62834 (November 7, 2007).



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Document Created: 2018-12-12 01:39:59
Document Modified: 2018-12-12 01:39:59
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
DatesApplicable December 12, 2018.
ContactLaurel LaCivita or Stephanie Berger, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4243 and (202) 482-2483, respectively.
FR Citation83 FR 63827 

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