[Federal Register Volume 78, Number 111 (Monday, June 10, 2013)]
[Notices]
[Pages 34640-34642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13698]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-901]
Certain Lined Paper Products From the People's Republic of China:
Preliminary Results and Rescission in Part of Antidumping Duty
Administrative Review; 2011-2012
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting
an administrative review of the antidumping duty order on certain lined
paper products (``CLPP'') from the People's Republic of China
(``PRC''). The period of review (``POR'') is September 1, 2011, through
August 31, 2012. Of the three companies requested for review, the
Department has preliminarily determined that Leo's Quality Products
Co., Ltd./Denmax Plastic Stationery Factory (``Leo's/Denmax'') did not
cooperate and will be treated as part of the PRC-wide entity; Shanghai
Lian Li Paper Products Co., Ltd. (``Lian Li'') made no shipments of
subject merchandise during the POR and will retain its separate rate
status; and Hwa Fuh Plastics Co., Ltd./Li Teng Plastics (Shenzhen) Co.,
Ltd. (``Hwa Fuh/Li Teng'') could not be contacted so review of this
company will be rescinded.
DATES: Effective Date: June 10, 2013.
FOR FURTHER INFORMATION CONTACT: Cindy Robinson or Eric B. Greynolds,
AD/CVD Operations, Office 8, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington DC 20230; telephone (202) 482-3797
or (202) 482-6071, respectively.
Scope of the Order
The merchandise subject by the CLPP Order is certain lined paper
products.\1\ The products are currently classified under the following
Harmonized Tariff Schedule of the United States (``HTSUS'')
subheadings: 4811.90.9035, 4811.90.9080, 4820.30.0040, 4810.22.5044,
4811.90.9050, 4811.90.9090, 4820.10.2010, 4820.10.2020, 4820.10.2030,
4820.10.2040, 4820.10.2050, 4820.10.2060, and 4820.10.4000. Although
the HTSUS numbers are provided for convenience and customs purposes,
the written product description in the CLPP Order \2\ remains
dispositive.\3\
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\1\ See Notice of Amended Final Determination of Sales at Less
Than Fair Value: Certain Lined Paper Products from the People's
Republic of China; Notice of Antidumping Duty Orders: Certain Lined
Paper Products from India, Indonesia, and the People's Republic of
China; and Notice of Countervailing Duty Orders: Certain Lined Paper
Products from India and Indonesia, 71 FR 56949 (September 28, 2006)
(``CLPP Order'').
\2\ Id.
\3\ For a complete description of the scope of the order, see
``Decision Memorandum for Preliminary Results of 2011-2012
Antidumping Duty Administrative Review: Certain Lined Paper Products
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 preliminary results.
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Methodology
The Department has conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (``the Act''). In
making our findings, we have relied, in part, on facts available, and
because Leo's/Denmax did not act to the best of its ability to respond
to the Department's requests for information, we have drawn an adverse
inference in selecting from among the facts otherwise available. In
addition, we assigned a dumping margin to the separate rate recipients
based on Departmental practice which is described in the ``Separate
Rates'' section below.
For a full description of the methodology underlying our
conclusions, see ``Preliminary Decision Memorandum,'' dated
concurrently with these preliminary results 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 it is available to all parties 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.
Preliminary Finding of No Sales Made During the POR
Due to Lian Li's timely certification of non-shipment of subject
merchandise to the United States during the POR, and our analysis of
U.S. Customs and Border Protection (``CBP'') information, the
Department preliminarily determines that Lian Li had no sales of
subject merchandise 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,\4\ it is not
appropriate to rescind the review with respect to Lian Li, but, rather,
to complete the review with respect to Lian Li and issue appropriate
instructions to CBP based on the final results of the review.
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\4\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) and the
``Assessment Rates'' section below.
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Intent To Rescind the Review, in Part
With respect to Hwa Fuh/Li Teng, the Department was unable to
deliver the initial questionnaire to Hwa Fu/Li Teng using the address
provided by petitioner \5\ in its 2011-2012 administrative review
request letter.\6\ Therefore, the Department intends to rescind the
review with respect to Hwa Fuh/Li Teng, in accordance with our
practice, from which we see no reason to deviate here.\7\
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\5\ Petitioner is the Association of American School Lined Paper
Suppliers (``AASPS'') and its individual members: Norcom Inc., Top
Flight, Inc. and ACCO Brands USA LLC (collectively, ``petitioner'').
\6\ See Preliminary Decision Memorandum for details.
\7\ See Certain Steel Concrete Reinforcing Bars from Turkey;
Preliminary Results and Partial Rescission of Antidumping Duty
Administrative Review, 71 FR 26,455, 26,457 (May 5, 2006) (unchanged
in Certain Steel Concrete Reinforcing Bars From Turkey: Final
Results and Rescission of Antidumping Duty Administrative Review in
Part, 71 FR 65082 (November 7, 2006)); see also Certain Frozen
Warmwater Shrimp from India: Preliminary Results and Partial
Rescission of Antidumping Duty Administrative Review, 72 FR 10,658,
(March 9, 2007) (unchanged in Certain Frozen Warmwater Shrimp from
India: Final Results and Partial Rescission of Antidumping Duty
Administrative Review, 72 FR 52055 (September 12, 2007)).
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[[Page 34641]]
Separate Rates
In the Initiation Notice,\8\ we informed parties of the opportunity
to request a separate rate. In proceedings involving NME countries, the
Department begins with a rebuttable presumption that all companies
within the country are subject to government control and, thus, should
be assigned a single antidumping duty deposit rate. It is the
Department's policy to assign all exporters of merchandise subject to
an administrative review involving an NME country this single rate
unless an exporter can demonstrate that it is sufficiently independent
so as to be entitled to a separate rate. Companies that wanted to be
considered for a separate rate in this review were required to timely
file a separate rate application or a separate rate certification to
demonstrate eligibility for a separate rate. Separate rate applications
and separate rate certifications were due to the Department within 60
calendar days of the publication of the Initiation Notice.
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\8\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 77 FR
65858 (October 31, 2012) (``Initiation Notice'').
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In this review, Leo's/Denmax did not respond to the Department's
questionnaire nor file any information with the Department's IA ACCESS
system, as required by 19 CFR 351.303, to rebut the presumption that
like all companies within the PRC it is subject to government control.
As further discussed in the Preliminarily Decision Memo, we determine
that Leo's/Denmax has not demonstrated that it operates free from
government control. Thus, we find that for purposes of the preliminary
results of this review, Leo's/Denmax is part of the PRC-wide entity.
Preliminary Results of the Review
The following preliminary dumping margin exists for the period
September 1, 2011, through August 31, 2012:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
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PRC-wide entity (which includes Leo's/Denmax).............. 258.21
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Disclosure and Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit cases
briefs not later than the later of 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.\9\ Parties who submit case briefs or
rebuttal briefs in this proceeding are encouraged to submit with each
argument: (1) A brief summary of the argument not to exceed five pages,
and (2) a table of statutes, regulations and cases cited.\10\ Case and
rebuttal briefs should be filed using IA ACCESS.\11\
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\9\ See 19 CFR 351.309(d).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
\11\ 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 within 30 days after the date of
publication of this notice.\12\ Requests should contain: (1) The
party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. Issues
raised in the hearing will be limited to those raised in the respective
case 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.
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\12\ See 19 CFR 351.310(c).
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The Department will issue the final results of this administrative
review, including the results of its analysis of the issues raised by
the parties in any written briefs, not later 120 days after the date of
publication of this notice, pursuant to section 751(a)(3)(A) of the
Act.
Assessment Rate
Upon issuance of the final results, the Department shall determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review.\13\ The Department intends to issue assessment
instructions to CBP 15 days after the publication date of the final
results of this review.
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\13\ See 19 CFR 351.212(b)(1).
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For any individually examined respondents 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). We will 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., 0.50 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.
For the PRC-wide entity, we will instruct CBP to assess antidumping
duties at an ad valorem rate equal to the weighted-average dumping
margin published above.
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 of the
final results, 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 published for the most recently completed
period; (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 the rate for the PRC-wide entity, 258.21 percent; 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 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.
[[Page 34642]]
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
Dated: June 3, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
I. Summary
II. Background
III. Scope
IV. Discussion of the Methodology
V. Conclusion
[FR Doc. 2013-13698 Filed 6-7-13; 8:45 am]
BILLING CODE 3510-DS-P