[Federal Register Volume 78, Number 67 (Monday, April 8, 2013)]
[Notices]
[Pages 20890-20891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08110]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-841]
Polyvinyl Alcohol From Taiwan: Preliminary Results of Antidumping
Duty Administrative Review; 2010-2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on polyvinyl
alcohol (PVA) from Taiwan. The period of review (POR) is September 13,
2010, through February 29, 2012. The review covers one producer/
exporter of the subject merchandise, Chang Chun Petrochemical Co., Ltd.
(CCPC). We preliminarily find that CCPC has not sold subject
merchandise at less than normal value.
DATES: Effective Date: April 8, 2013
FOR FURTHER INFORMATION CONTACT: Sandra Dreisonstok or Minoo Hatten,
AD/CVD Operations, Office 1, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0768, and (202) 482-1690, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order is PVA. The PVA subject to the
order is currently classifiable under subheading 3905.30.00 of the
Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS
subheading is provided for convenience and customs purposes. A full
description of the scope of the order is contained in the memorandum
from Edward C. Yang, Senior Director, China/Non-Market Economy Unit, to
Ronald K. Lorentzen, Acting Assistant Secretary for Import
Administration, ``Decision Memorandum for Preliminary Results of
Antidumping Duty Administrative Review: Polyvinyl Alcohol from Taiwan;
2010-2012'' dated concurrently with this notice (``Preliminary Decision
Memorandum''), which is hereby adopted by this notice. The written
description is dispositive.
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''). Access to IA ACCESS is available to registered users at
http://iaaccess.trade.gov and is available to all parties in the
Central Records Unit, 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.
Methodology
The Department has conducted this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price
is calculated in accordance with section 772 of the Act. Normal value
is calculated in accordance with section 773 of the Act. In accordance
with section 773(b) of the Act, we disregarded certain sales by CCPC in
the home market which were made at below-cost prices. To determine the
appropriate comparison method, the Department applied a ``differential
pricing'' analysis and has preliminarily determined to use the average-
to-average method in making comparisons of export price and normal
value for CCPC. For a full description of the methodology underlying
our conclusions, see Preliminary Decision Memorandum.
Preliminary Results of Review
As a result of this review, we preliminarily determine that a
weighted-average dumping margin of 0.00 percent exists for CCPC for the
period September 13, 2010, through February 29, 2012.
Disclosure and Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit cases
briefs not later than 30 days after the date of publication of this
notice.\1\ 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.\2\ Parties who submit case briefs or rebuttal briefs in
this proceeding 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.\3\
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\1\ See 19 CFR 351.309(c)(1).
\2\ See 19 CFR 351.309(d).
\3\ See 19 CFR 351.309(d)(2) and (d)(2).
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Pursuant to 19 CFR 351.310(c), 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,
filed electronically via 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. Requests should
contain: (1) The party's name, address and telephone number; (2) the
number of participants; and (3) a list of issues to be discussed.
Issues raised in the hearing will be limited to those raised in the
respective case briefs. The Department intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon completion of the administrative review, the Department shall
determine and U.S. Customs and Border Protection (CBP) shall assess
antidumping duties on all appropriate entries. If CCPC's weighted-
average dumping margin is not zero or de minimis in the final results
of this review, we will calculate an importer-specific assessment rate
on the basis of
[[Page 20891]]
the ratio of the total amount of dumping calculated for the importer's
examined sales and the total entered value of the sales in accordance
with 19 CFR 351.212(b)(1). Where an importer-specific assessment rate
is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties. If CCPC's
weighted-average dumping margin continues to be zero or de minimis in
the final results of review, we will instruct CBP not to assess duties
on any of its entries in accordance with the Final Modification for
Reviews, i.e., ``{w{time} here the weighted-average margin of dumping
for the exporter is determined to be zero or de minimis, no antidumping
duties will be assessed.'' \4\
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\4\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 80102 (February 14,
2012).
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The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\5\ This clarification will apply to entries of subject
merchandise during the POR produced by CCPC for which it did not know
its merchandise was destined for the United States. In such instances,
we will instruct CBP to liquidate unreviewed entries at the all-others
rate if there is no rate for the intermediate company(ies) involved in
the transaction.
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\5\ For a full discussion of this clarification, see Antidumping
and Countervailing Duty Proceedings: Assessment of Antidumping
Duties, 68 FR 23954 (May 6, 2003).
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We intend to issue instructions to CBP 15 days after publication of
the final results of this review.
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 PVA from Taiwan entered, or withdrawn from warehouse,
for consumption on or after the date of publication as provided by
section 751(a)(2) of the Act: (1) The cash deposit rate for CCPC will
be the rate established in the final results of this administrative
review; (2) for merchandise exported by manufacturers or exporters not
covered in this 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 recent period; (3) if the exporter
is not a firm covered in this review or the original investigation but
the manufacturer is, the cash deposit rate will be the rate established
for the most recent period for the manufacturer of the merchandise; and
(4) the cash deposit rate for all other manufacturers or exporters will
continue to be 3.08 percent, the all-others rate established in the
Antidumping Duty Order: Polyvinyl Alcohol From Taiwan, 76 FR 13982
(March 15, 2011). These cash 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 Secretary'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.
Dated: April 2, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
1. Scope of the Order
2. Comparisons to Normal Value
3. Determination of Comparison Method
4. Results of the Differential Pricing Analysis
5. Product Comparisons
6. Date of Sale
7. Export Price
8. Normal Value
9. Home Market Viability as Comparison Market
10. Level of Trade
11. Cost of Production
12. Calculation of Cost of Production
13. Test of Home Market Sales Prices
14. Results of the COP Test
15. Calculation of Normal Value Based on Home Market Prices
16. Currency Conversion
[FR Doc. 2013-08110 Filed 4-5-13; 8:45 am]
BILLING CODE 3510-DS-P