[Federal Register Volume 78, Number 98 (Tuesday, May 21, 2013)]
[Notices]
[Pages 29703-29704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12084]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-844]
Narrow Woven Ribbons With Woven Selvedge From Taiwan: 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 narrow woven
ribbons with woven selvedge (narrow woven ribbons) from Taiwan. Two of
the companies for which this administrative review was requested,
Intercontinental Skyline and Pacific Imports, failed to respond to the
Department's quantity and value questionnaire. As a result, we have
preliminarily assigned these companies a margin based on adverse facts
available (AFA). The period of review (POR) is September 1, 2011,
through August 31, 2012.
If these preliminary results are adopted in the final results of
this review, we will instruct U.S. Customs and Border Protection (CBP)
to assess antidumping duties on all appropriate entries.
DATES: Effective Date: May 21, 2013.
FOR FURTHER INFORMATION CONTACT: David Crespo or Elizabeth Eastwood,
AD/CVD Operations, Office 2, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3693, or (202) 482-3874, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to this order covers narrow woven ribbons
with woven selvedge.\1\ The merchandise subject to this order is
classifiable under the HTSUS statistical categories 5806.32.1020;
5806.32.1030; 5806.32.1050 and 5806.32.1060. Subject merchandise also
may enter under subheadings 5806.31.00; 5806.32.20; 5806.39.20;
5806.39.30; 5808.90.00; 5810.91.00; 5810.99.90; 5903.90.10; 5903.90.25;
5907.00.60; and 5907.00.80 and under statistical categories
5806.32.1080; 5810.92.9080; 5903.90.3090; and 6307.90.9889. The HTSUS
statistical categories and subheadings are provided for convenience and
customs purposes; however, the written description of the merchandise
covered by this order is dispositive.
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\1\ See the ``Decision Memorandum for the Preliminary Results of
Antidumping Duty Administrative Review on Narrow Woven Ribbons with
Woven Selvedge from Taiwan,'' (Preliminary Decision Memorandum) from
Gary Taverman, Senior Advisor for Antidumping and Countervailing
Duty Operations, to Paul Piquado, Assistant Secretary for Import
Administration, dated concurrently with these results, for a
complete description of the scope of the order.
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Methodology
The Department has conducted this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). In these
preliminary results, we have relied on facts available and, because the
respondents did not act to the best of their abilities to respond to
the Department's request for information, we have drawn an adverse
inference in selecting from among the facts otherwise available.\2\
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\2\ See sections 776(a) and (b) of the Act.
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Pursuant to section 776(b) of the Act, we are relying on
information from the petition in order to ensure that the AFA rate is
sufficiently adverse so as to induce cooperation. Accordingly, we have
preliminarily determined to apply a 137.20 percent rate as AFA for
Intercontinental Skyline and Pacific Imports. For a full description of
the methodology underlying our conclusions, see the Preliminary
Decision Memorandum, which is 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 (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
[[Page 29704]]
version of the Preliminary Decision Memorandum are identical in
content.
Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period September 1, 2011, through August
31, 2012, as follows:
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Percent
Manufacturer/exporter margin
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Intercontinental Skyline...................................... 137.20
Pacific Imports............................................... 137.20
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Public Comment
Pursuant to 19 CFR 351.309(c), 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.\3\ 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.\4\ Case and rebuttal briefs should be filed using IA
ACCESS.\5\
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\3\ See 19 CFR 351.309(d).
\4\ See 19 CFR 351.309(c)(2) and (d)(2).
\5\ See 19 CFR 351.303.
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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 Standard Time
within 30 days after the date of publication of this notice.\6\
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 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.
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\6\ See 19 CFR 351.310(c).
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Assessment Rates
Upon issuance of the final results, the Department shall determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review, in accordance with 19 CFR 351.212(b)(1). The
Department intends to issue assessment instructions to CBP 15 days
after the date of publication of the final results of this review.
Where assessments are based upon total facts available, including
total AFA, we instruct CBP to assess duties at the AFA margin rate. If
these preliminary results are unchanged in the final results, then the
Department intends to instruct CBP to assess antidumping duties on POR
entries of the subject merchandise produced or exported by
Intercontinental Skyline and Pacific Imports at the rate of 137.20
percent of the entered value.\7\ 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.\8\
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\7\ See 19 CFR 351.212(b)(1).
\8\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rates for
Intercontinental Skyline and Pacific Imports will be those established
in the final results of this review; (2) for previously reviewed or
investigated companies not participating in this review, 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 less than fair value (LTFV)
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 4.37 percent, the all-
others rate made effective by the LTFV investigation.\9\ These deposit
requirements, when imposed, shall remain in effect until further
notice.
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\9\ See Notice of Final Determination of Sales at Less than Fair
Value: Narrow Woven Ribbons with Woven Selvedge from Taiwan, 75 FR
41804 (July 19, 2010).
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) 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: May 14, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-12084 Filed 5-20-13; 8:45 am]
BILLING CODE 3510-DS-P