[Federal Register Volume 78, Number 92 (Monday, May 13, 2013)]
[Notices]
[Pages 27954-27956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11194]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-933]
Frontseating Service Valves 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: The Department of Commerce (``the Department'') is conducting
an administrative review of the antidumping duty order on frontseating
service valves from the People's Republic of China (``PRC''). The
period of review (``POR'') is April 1, 2011, through March 31, 2012.
The review covers two exporters of subject merchandise, Zhejiang DunAn
Hetian Metal Co., Ltd. (``DunAn'') and Zhejiang Sanhua Co., Ltd.
(``Sanhua''). The Department preliminarily finds that DunAn did not
have reviewable transactions during the POR. In addition, we
preliminarily determine that Sanhua made sales of subject merchandise
at less than normal value during the POR.
DATES: Effective Date: May 13, 2013.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, AD/CVD Operations,
Office 8, Import Administration, International Trade Administration,
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-4243.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise covered by this order is frontseating service
valves, assembled or unassembled, complete or incomplete, and certain
parts thereof of any size, configuration, material composition or
connection type.\1\ Frontseating service valves are classified under
subheading 8481.80.1095, and also have been classified under subheading
8415.90.80.85, of the Harmonized Tariff Schedule of the United States
(``HTSUS''). It is possible for frontseating service valves to be
manufactured out of primary materials other than copper and brass, in
which case they would be classified under HTSUS subheadings
8481.80.3040, 8481.80.3090, or 8481.80.5090. In addition, if
unassembled or incomplete frontseating service valves are imported, the
various parts or components would be classified under HTSUS subheadings
8481.90.1000, 8481.90.3000, or 8481.90.5000. The HTSUS subheadings are
provided for convenience and customs purposes, but the written
description of the scope of this proceeding is dispositive.\2\
---------------------------------------------------------------------------
\1\ See Decision Memorandum for the Preliminary Results of
Antidumping Duty Administrative Review issued concurrently with this
notice for a complete description of the Scope of the Order.
\2\ See Antidumping Duty Order: Frontseating Service Valves from
the People's Republic of China, 74 FR 19196 (April 28, 2009)
(``Order'').
---------------------------------------------------------------------------
Preliminary Determination of No Shipments for DunAn
DunAn submitted a timely-filed certification indicating that it had
no shipments of subject merchandise to the United States during the
POR.\3\ Consistent with its practice, the Department asked U.S. Customs
and Border Protection (``CBP'') to conduct a query on potential
shipments made by DunAn during the POR; CBP did not provide any
evidence that contradicts DunAn's claim of no shipments.\4\ Further, on
August 2, 2012, the Department released to interested parties the
results of the CBP query that it intended to use for corroboration of
DunAn's no shipment claims.\5\ The Department received no comments from
interested parties concerning the results of the CBP query.
---------------------------------------------------------------------------
\3\ See letter from DunAn, ``No Shipment Letter for Zhejiang
DunAn Hetian Metal Co., Ltd.: Third Annual Administrative Review of
the Antidumping Duty Order on Frontseating Service Valves from the
People's Republic of China, A-570-933 (POR: 04/01/11-03/31/12),''
dated July 19, 2012.
\4\ See CBP Message Number, 2240301, dated 08/27/2012.
\5\ See Memorandum to the File, ``2011-2012 Administrative
Review of Frontseating Service Valves from the People's Republic of
China: U.S. Customs and Border Protection Data,'' dated August 2,
2012.
---------------------------------------------------------------------------
Based on DunAn's certification and our analysis of CBP information,
we preliminarily determine that DunAn did not have any reviewable
transactions during the POR. In addition, the Department finds that,
consistent with its recently announced refinement to its assessment
practice in non-market economy (``NME'') cases, it is appropriate not
to rescind the review in part in this circumstance, but rather to
complete the review with respect to DunAn and issue appropriate
instructions to CBP based on the final results of the review.\6\
---------------------------------------------------------------------------
\6\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and
the ``Assessment Rates'' section, below.
---------------------------------------------------------------------------
Methodology
The Department has conducted this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (``the Act'').
Constructed
[[Page 27955]]
export prices have been calculated in accordance with section 772(b) of
the Act. Because the PRC is a NME within the meaning of section 771(18)
of the Act, normal value has been calculated in accordance with section
773(c) of the Act. Specifically, the respondents' factors of production
have been valued in the Philippines (when available), which is a market
economy country that is economically comparable to the PRC and is a
significant producer of comparable merchandise.\7\ 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 constructed export price and
normal value for Sanhua.
---------------------------------------------------------------------------
\7\ See Memorandum to Eugene Degnan, ``Request for a List of
Surrogate Countries for an Administrative Review of the Antidumping
Duty Order on Frontseating Service Valves (``FSV'') from the
People's Republic of China (``China''), dated August 29, 2012
(``Surrogate Country Memorandum'').
---------------------------------------------------------------------------
For a full description of the methodology underlying our
preliminary determinations, please see ``Decision Memorandum for
Preliminary Results of 2011-2012 Antidumping Duty Administrative
Review: Frontseating Service Valves from the People's Republic of
China,'' from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations to Paul Piquado,
Assistant Secretary for Import Administration, dated concurrent with
this notice (``Preliminary Decision Memorandum'') and hereby adopted by
this notice. 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, 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.
Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margin exists for the POR April 1, 2011,
through March 31, 2012:
------------------------------------------------------------------------
Weighted
Exporter average dumping
margin
------------------------------------------------------------------------
Zhejiang Sanhua Co., Ltd............................... 9.03
------------------------------------------------------------------------
Disclosure and Public Comment
The Department intends to disclose to the parties the calculations
performed for these preliminary results within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit written comments no later than 30 days
after the date of publication of these preliminary results of
review.\8\ Rebuttals to written comments may be filed no later than
five days after the written comments are filed.\9\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.309(c).
\9\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------
Any interested party may request a hearing within 30 days of
publication of this notice.\10\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230.\11\
---------------------------------------------------------------------------
\10\ See 19 CFR 351.310(c).
\11\ See 19 CFR 351.310(d)(1).
---------------------------------------------------------------------------
Unless otherwise extended, the Department intends to issue the
final results of this administrative review, which will include the
results of its analysis of issues raised in any such comments, within
120 days of publication of these preliminary results, pursuant to
section 751(a)(3)(A) of the Act.
Deadline for Submission of Publicly Available Surrogate Value
Information
In accordance with 19 CFR 351.301(c)(3)(ii), the deadline for
submission of publicly available information to value factors of
production under 19 CFR 351.408(c) is 20 days after the date of
publication of the preliminary results. In accordance with 19 CFR
351.301(c)(1), if an interested party submits factual information less
than ten days before, on, or after (if the Department has extended the
deadline), the applicable deadline for submission of such factual
information, an interested party may submit factual information to
rebut, clarify, or correct the factual information no later than ten
days after such factual information is served on the interested party.
However, the Department generally will not accept in the rebuttal
submission additional or alternative surrogate value information not
previously on the record, if the deadline for submission of surrogate
value information has passed.\12\ Furthermore, the Department generally
will not accept business proprietary information in either the
surrogate value submissions or the rebuttals thereto, as the regulation
regarding the submission of surrogate values allows only for the
submission of publicly available information.\13\
---------------------------------------------------------------------------
\12\ See, e.g., Glycine from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review and Final
Rescission, in Part, 72 FR 58809 (October 17, 2007), and
accompanying Issues and Decision Memorandum at Comment 2.
\13\ See 19 CFR 351.301(c)(3).
---------------------------------------------------------------------------
Assessment Rates
Upon issuance of the final results of this review, the Department
will determine, and CBP shall assess, antidumping duties on all
appropriate entries covered by this review.\14\ The Department intends
to issue appropriate assessment instructions to CBP 15 days after
publication of the final results of this review.
---------------------------------------------------------------------------
\14\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
For any individually examined respondent whose weighted-average
dumping margin is above de minimis, we will calculate importer-specific
ad valorem duty assessment rates based on the ratio of the total amount
of dumping calculated for the importer's examined sales to the total
entered value of those same sales in accordance with 19 CFR
351.212(b)(1).\15\ For duty assessment rates calculated on this basis,
we will direct CBP to assess the resulting ad valorem rate against the
entered customs values for the subject merchandise.
---------------------------------------------------------------------------
\15\ In these preliminary results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------
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 in the U.S. sales databases submitted by
companies individually examined during this review, the Department will
instruct CBP to liquidate such entries at the PRC-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
[[Page 27956]]
number (i.e., at that exporter's rate) will be liquidated at the PRC-
wide rate.\16\
---------------------------------------------------------------------------
\16\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011).
---------------------------------------------------------------------------
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.
Cash Deposit Requirements
The following cash deposit requirements, when imposed, will apply
to all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication of the final
results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) For DunAn, which claimed no shipments, the
cash deposit rate will remain unchanged from the rate assigned to DunAn
in the most recently completed review of the company; (2) for Sanhua,
which has a separate rate, the cash deposit rate will be the one
established in the final results of this review (except, if the rate is
zero or de minimis, then zero cash deposit will be required); (3) for
any previously investigated or reviewed PRC and non-PRC exporter that
is not under review in this segment of the proceeding but that received
a separate rate in a previous segment, the cash deposit rate will
continue to be the exporter-specific rate published for the most recent
period; (4) 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 the PRC-wide rate of 55.62 percent, which is rate assigned to
the PRC-Wide Entity in the investigation; \17\ and (5) 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(s) that supplied that non-PRC exporter. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
---------------------------------------------------------------------------
\17\ See Frontseating Service Valves from the People's Republic
of China: Final Determination of Sales at Less Than Fair Value and
Final Negative Determination of Critical Circumstances, 74 FR 10886
(March 13, 2009) (``Final Determination'').
---------------------------------------------------------------------------
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 notice of these results in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated; May 2, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Background
2. Scope of the Order
3. Non-Market Economy Country
4. Separate Rates
5. Surrogate Country and Surrogate Value Data
6. Surrogate Country
7. Economic Comparability
8. Significant Producers of Identical or Comparable Merchandise
9. Data Availability
10. Date of Sale
11. Comparisons to Normal Value
12. Constructed Export Price
13. Normal Value
14. Factor Valuations
15. Currency Conversion
[FR Doc. 2013-11194 Filed 5-10-13; 8:45 am]
BILLING CODE 3510-DS-P