[Federal Register Volume 77, Number 236 (Friday, December 7, 2012)]
[Notices]
[Pages 73011-73013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29642]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-908]
Sodium Hexametaphosphate From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review; 2011-
2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from interested parties, the
Department of Commerce (the ``Department'') is conducting the third
administrative review of the antidumping duty order on sodium
hexametaphosphate (``sodium hex'') from the People's Republic of China
(``PRC'') for the period of review (``POR'') March 1, 2011, through
February 29, 2012. The Department has preliminarily determined that
there are no reviewable entries during the POR.
DATES: Effective Date: December 7, 2012.
FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, Office
9, Import Administration, International Trade Administration,
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone 202.482.0413.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The scope of this order consists of sodium hexametaphosphate.\1\
The merchandise subject to this order is currently classifiable in the
Harmonized Tariff Schedule of the United States (``HTSUS'') statistical
reporting number 2835.39.5000. However, it may also be imported as a
blend or mixture under heading 3824.90.3900. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written product description, available in the Order remains
dispositive.\2\
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\1\ See ``Decision Memorandum for Preliminary Results of
Antidumping Duty Administrative Review: Sodium Hexametaphosphate
from the People's Republic of China,'' (``Preliminary Decision
Memorandum'') from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations to Paul Piquado,
Assistant Secretary for Import Administration, dated concurrently
with these results and hereby adopted by this notice.
\2\ See Notice of Antidumping Duty Order: Sodium
Hexametaphosphate from the People's Republic of China, 73 FR 14772
(March 19, 2008) (``Order'').
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Preliminary Finding of No Shipments
Hubei Xingfa Chemical Group Co., Ltd. (``Hubei Xingfa'') and
Sichuan Mianzhu Norwest Phosphate Co. (``Norwest'') submitted timely-
filed certifications that they had no sales of subject merchandise to
the United States during the POR.\3\ The Department also received
information from U.S. Customs and Border Protection (``CBP'')
indicating that there were no reviewable transactions from Hubei Xingfa
or Norwest during the POR. Therefore, we preliminarily determine that
Hubei Xingfa and Norwest had no reviewable transactions of subject
merchandise during the POR. Because Hubei Xingfa and Norwest submitted
timely no-shipment certifications and CBP data indicated that there
were no reviewable transactions for these companies during the POR, we
preliminarily determine that these two companies will retain their
separate rate from the previous
[[Page 73012]]
administrative review. For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum.\4\
The Preliminary Decision Memorandum is a public document and is on file
electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the Central Records Unit (``CRU''), room 7046
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://www.trade.gov/ia/. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
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\3\ See Hubei Xingfa's letter dated May 4, 2012; see also
Norwest's letter dated June 29, 2012.
\4\ See Preliminary Decision Memorandum.
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PRC-Wide Entity
There are 13 other companies also under review in this segment,
none of which have a separate rate from a prior segment of this
proceeding.\5\ Because these companies have not established their
eligibility for a separate rate, the Department preliminarily
determines that they will continue to be considered part of the PRC-
wide entity.\6\
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\5\ These companies are: Aditya Birla Chemicals (Thailand) Ltd.,
Anhui Technology Import & Export Co., Ltd., Anshan Career Economic
Trade Co., Ltd., Blue Science Limited, Boon Stream Chemical
International Trade, Chengdu Boon Stream Chemical Industry Co.,
Ltd., Dezhou Hualude Hardware Products Co. Ltd., Gatehouse
International Freight Ltd., Henan Sinchems Imp and Exp Co., Ltd.,
Hubei Xingfa Chemical Export Import Co. Ltd., Rushan Wooyoung
Trading Co., Ltd., Unison Chemical Industrial Co, Ltd. and Zhejiang
Chun-an Foreign Trade Co.
\6\ See the Preliminary Decision Memorandum.
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Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margin exists:
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Weighted
average
Exporter dumping
margin
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PRC-wide Entity \7\......................................... 188.05
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Public Comment
Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to the Assistant
Secretary for Import Administration, U.S. Department of Commerce, filed
electronically in IA ACCESS. An electronically filed document must be
received successfully in its entirety by the Department's electronic
records system, IA ACCESS, by 5 p.m. Eastern Time 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, and a list of the issues to be discussed. If a request
for a hearing is made, the Department will inform parties of the
scheduled date for the hearing which will be held at the U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230, at a time and location to be determined. Parties
should confirm by telephone the date, time, and location of the
hearing. Interested parties are invited to comment on the preliminary
results of this review.
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\7\ The PRC-wide entity includes Aditya Birla Chemicals
(Thailand) Ltd., Anhui Technology Import & Export Co., Ltd., Anshan
Career Economic Trade Co., Ltd., Blue Science Limited, Boon Stream
Chemical International Trade, Chengdu Boon Stream Chemical Industry
Co., Ltd., Dezhou Hualude Hardware Products Co. Ltd., Gatehouse
International Freight Ltd., Henan Sinchems Imp and Exp Co., Ltd.,
Hubei Xingfa Chemical Export Import Co. Ltd., Rushan Wooyoung
Trading Co., Ltd., Unison Chemical Industrial Co, Ltd. and Zhejiang
Chun-an Foreign Trade Co.
\8\ See section 351.310(c) of the Department's regulations.
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The Department will consider case briefs filed by interested
parties within 30 days after the date of publication of this notice in
the Federal Register.\9\ Interested parties may file rebuttal briefs,
limited to issues raised in the case briefs.\10\ The Department will
consider rebuttal briefs filed not later than five days after the time
limit for filing case briefs. Parties who submit arguments are
requested to submit with each argument a statement of the issue, a
brief summary of the argument, and a table of authorities cited. The
Department intends to issue the final results of this administrative
review, including the results of our analysis of issues raised in the
written comments, within 120 days of publication of these preliminary
results.
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\9\ See section 351.309(c)(1)(ii) of the Department's
regulations.
\10\ See section 351.309(d) of the Department's regulations.
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Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries.
The Department intends to issue assessment instructions to CBP 15 days
after the date of publication of the final results of review. The
Department recently announced a refinement to its assessment practice
in NME cases. Pursuant to this refinement in practice, for entries that
were not reported by companies examined during this review, the
Department will instruct CBP to liquidate such entries at the NME-wide
rate. In addition, 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 case number (i.e., at that
exporter's rate) will be liquidated at the NME-wide rate.\11\
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\11\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this 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 sections 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; 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 section 351.402(f)(2) of the Department's
regulations 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.
This determination is issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and section 351.221(b)(4)
of the Department's regulations.
[[Page 73013]]
Dated: November 29, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-29642 Filed 12-6-12; 8:45 am]
BILLING CODE 3510-DS-P