[Federal Register Volume 79, Number 216 (Friday, November 7, 2014)]
[Notices]
[Pages 66356-66358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26542]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-822]
Helical Spring Lock Washers From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review; 2012-
2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Department) is conducting an
administrative review of the antidumping duty order on certain helical
spring lock washers (HSLW) from the People's Republic of China (PRC).
The period of review (POR) is October 1, 2012, through September 30,
2013. This review covers three exporters of subject merchandise,
Jiangsu RC Import & Export Co., Ltd. (Jiangsu RC), Suzhou Guoxin Group
Wang Shun Imp. and Exp. Co., Ltd. (Guoxin), and Winnsen Industry Co.,
Ltd. (Winnsen).
We preliminarily determine that Jiangsu RC made sales of subject
merchandise to the United States at prices below normal value (NV).
Guoxin ceased participating in this review, and, thus, we preliminarily
determine it is not eligible for a separate rate and it remains part of
the PRC-wide entity. In addition, we are not rescinding the review with
respect to Winnsen (see ``Intent Not to Rescind in Part,'' infra).
Interested parties are invited to comment on these preliminary results.
DATES: Effective Date: November 7, 2014.
FOR FURTHER INFORMATION CONTACT: Mary Kolberg or Sergio Balbontin, AD/
CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, Department of
[[Page 66357]]
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-1785 or (202) 482-6478, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order is HSLWs. The product is
currently classified under subheading 7318.21.0000, 7318.21.0030, and
7318.21.0090 of the Harmonized Tariff Schedule of the United States
(HTSUS). Although the HTSUS subheadings are provided for convenience
and customs purposes, the written product description is dispositive. A
full description of the scope of the order is contained in the
Preliminary Decision Memorandum, dated concurrently with and hereby
adopted by this notice.\1\
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\1\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, ``Decision Memorandum for Preliminary Results of
Antidumping Duty Administrative Review and Partial Rescission:
Helical Spring Lock Washers from the People's Republic of China;
2012-2013,'' dated concurrently with and hereby adopted by this
notice (Preliminary Decision Memorandum).
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Intent Not To Rescind Review in Part
We received a timely request for withdrawal of the administrative
review request for Winnsen, and there is no other review request
outstanding for that company. For a company named in the initiation
notice for which a review request has been withdrawn (in this case,
Winnsen), but which has not previously received separate rate status,
the Department's practice is to refrain from rescinding the review with
respect to that company at the preliminary results. While Winnsen's
request for review was timely withdrawn, Winnsen remains part of the
PRC-wide entity, which is under review.
Preliminary Determination To Deny Guoxin a Separate Rate
Taicang Zhongbo Railway Fastening Co., Ltd. (Zhongbo), the
manufacturer of subject merchandise exported by Guoxin, informed the
Department that Guoxin was no longer participating in this
administrative review. Accordingly, we preliminarily determine that
Guoxin is not entitled to a separate rate as the Department cannot
verify any of the information submitted on the record.
Methodology
The Department is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (Act). For a full
description of the methodology underlying our conclusions, please see
the Preliminary Decision Memorandum. The Preliminary Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance'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://enforcement.trade.gov/frn/. 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:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
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Jiangsu RC Import & Export Co., Ltd........................ 135.51
PRC-Wide Rate.............................................. 128.63
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Disclosure and Public Comment
The Department intends to disclose to parties to this proceeding
the calculations performed in reaching the preliminary results within
five days of the date of publication of these preliminary results.\2\
Interested parties may submit case briefs no later than 30 days after
the date of publication of the preliminary results.\3\ Rebuttals to
case briefs may be filed no later than five days after the deadline for
filing case briefs and all rebuttal comments must be limited to
comments raised in the case briefs.\4\ 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.\5\ Case and rebuttal briefs
must be filed electronically via IA ACCESS.\6\
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\2\ See 19 CFR 351.224(b).
\3\ See 19 CFR 351.309(c)(ii).
\4\ See 19 CFR 351.309(d).
\5\ See 19 CFR 351.309(c)(2) and (d)(2).
\6\ See 19 CFR 351.303(b).
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Any interested party may request a hearing within 30 days of
publication of this notice.\7\ 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, 14th Street and Constitution Avenue NW.,
Washington, DC 20230.\8\
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\7\ See 19 CFR 351.310(c).
\8\ See 19 CFR 351.310(d).
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The Department intends to issue the final results of this
administrative review, including the results of its analysis of issues
raised in any briefs, within 120 days of publication of these
preliminary results, pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuing the final results of review, the Department will
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this review.\9\ The Department intends to issue
appropriate assessment instructions directly to CBP 15 days after
publication of the final results of review.
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\9\ See 19 CFR 351.212(b)(1).
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For individually examined respondents whose weighted-average
dumping margin is above de minimis (i.e., 0.50 percent) in the final
results of this review, we will calculate importer-specific (or
customer-specific) ad valorem (or per-unit) assessment rates on the
basis of the ratio of the total amount of dumping calculated for the
importer's examined sales and the total entered value (or quantity) of
those sales in accordance with 19 CFR 351.212(b)(1). Specifically, the
Department will apply the assessment rate calculation method adopted in
Final Modification for Reviews.\10\ Where an importer- (or customer-)
specific ad valorem rate is zero or de minimis, we will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\11\
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\10\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8103 (February 14, 2012)
(Final Modification for Reviews).
\11\ See 19 CFR 351.106(c)(2).
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On October 24, 2011, the Department announced a refinement to its
assessment practice in NME cases.\12\ 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
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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 number (i.e., at that exporter's
rate) will be liquidated at the PRC-wide rate.\13\
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\12\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
\13\ Id.
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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) The cash deposit rate
for Jiangsu RC, which has a separate rate, will be that established in
the final results of this review (except, if the rate is zero or de
minimis, then zero cash deposit will be required); (2) 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; (3) 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 (128.63 percent); and (4) 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 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 Department'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 and 19 CFR 351.221(b)(4).
Dated: October 31, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Background
2. Scope of the Order
3. Intent Not To Rescind Review in Part
4. Discussion of the Methodology
a. Non-Market Economy Country
b. Separate Rates
c. Surrogate Country
5. Use of Facts Available
6. Fair Value Comparisons
a. Determination of Comparison Method
b. Results of the Differential Pricing Analysis
c. U.S. Price
d. Normal Value
e. Factor Valuations
7. Currency Conversion
8. Recommendation
[FR Doc. 2014-26542 Filed 11-6-14; 8:45 am]
BILLING CODE 3510-DS-P