[Federal Register Volume 79, Number 225 (Friday, November 21, 2014)]
[Notices]
[Pages 69425-69427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27292]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-849]
Certain Cut-to-Length Carbon Steel Plate From the People's
Republic of China: Preliminary Results of Antidumping Administrative
Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective Date: November 21, 2014.
SUMMARY: The Department of Commerce (``Department'') is conducting an
administrative review of the antidumping duty order on certain cut-to-
length carbon steel plate (``CTL plate'') from the People's Republic of
China (``PRC'') for the period of review (``POR'') November 1, 2012,
through October 31, 2013. This review covers
[[Page 69426]]
two PRC companies.\1\ The Department preliminarily finds that one of
the two companies, Hunan Valin, did not have reviewable transactions
during the POR. Further, the Department finds that the other company,
Zhengzhou Shangdao, is part of the PRC-wide entity to which the
Department has assigned a dumping margin based on total adverse facts
available (``AFA'').
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 78 FR
79392 (December 30, 2013). The companies under review are as
follows: Hunan Valin Xiangtan Iron & Steel Co. Ltd. (``Hunan
Valin''), and Zhengzhou Shangdao Iron & Steel Co. (``Zhengzhou
Shangdao'').
FOR FURTHER INFORMATION CONTACT: Patrick O'Connor, AD/CVD Operations,
Office IV, Enforcement & Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
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0989.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The product covered by the order is certain cut-to-length carbon
steel plate from the PRC.\2\ This merchandise is currently classified
in the Harmonized Tariff Schedule of the United States (``HTSUS'')
under item numbers 7208.40.3030, 7208.40.3060, 7208.51.0030,
7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000,
7210.70.3000, 7212.40.5000, and 7212.50.0000. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of the order is dispositive.
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\2\ See Decision Memorandum for Preliminary Results of
Antidumping Duty Administrative Review: Certain Cut-to-Length Carbon
Steel Plate from the People's Republic of China, issued concurrently
with this notice, for a complete description of the Scope of the
Order (``Preliminary Results Decision Memorandum'').
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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''). For a
full description of the methodology underlying our conclusions, see
Preliminary Results Decision Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty Operations
to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, dated concurrently with these results and hereby adopted by
this notice. This 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 Results Decision Memorandum can be accessed directly
on the Internet at http://www.trade.gov/enforcement/. The signed
Preliminary Results Decision Memorandum and the electronic versions of
the Preliminary Results 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:
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Weighted-
Average dumping
Exporter margin
(percent)
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PRC-Wide Entity \3\.................................... 128.59
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In addition, the Department preliminarily determines that Hunan
Valin did not have reviewable transactions during the POR.
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\3\ Including Zhengzhou Shangdao.
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Disclosure and Public Comment
Interested parties are invited to comment on the preliminary
results and may submit case briefs and/or written comments, filed
electronically using IA ACCESS, within 30 days of the date of
publication of this notice, pursuant to 19 CFR 351.309(c)(1)(ii).
Rebuttal briefs, limited to issues raised in the case briefs, will be
due five days after the due date for case briefs, pursuant to 19 CFR
351.309(d). Parties who submit case or rebuttal briefs in this
proceeding are requested to submit with each argument a statement of
the issue, a summary of the argument not to exceed five pages, and a
table of statutes, regulations, and cases cited, in accordance with 19
CFR 351.309(c)(2).
Pursuant to 19 CFR 351.310(c), interested parties, who wish to
request a hearing, or to participate in a hearing if one is requested,
must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, filed
electronically using IA ACCESS. Electronically filed case briefs/
written comments and hearing requests must be received successfully in
their entirety by the Department's electronic records system, IA
ACCESS, by 5:00 p.m. Eastern Standard Time, within 30 days after the
date of publication of this notice.\4\ Hearing 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 issues raised in the respective
case briefs. If a request for a hearing is made, parties will be
notified of the time and date of the hearing which will be held at the
U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington
DC 20230. 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.
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\4\ See 19 CFR 351.310(c).
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Assessment Rates
Upon issuance of the final results, the Department will determine,
and U.S. Customs and Border Protection (``CBP'') shall assess,
antidumping duties on all appropriate entries covered by this
review.\5\ The Department intends to issue assessment instructions to
CBP 15 days after the publication date of the final results of this
review. The Department intends to instruct CBP to liquidate entries of
subject merchandise from the PRC-wide entity, including entries of
subject merchandise from Zhengzhou Shangdao, at 128.59 percent (the
PRC-wide rate). Additionally, pursuant to the Department's practice in
NME cases, if we continue to determine that Hunan Valin 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. For a full discussion of
this practice, see Non-Market Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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\5\ See 19 CFR 351.212(b)(1).
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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 all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of review, as provided by section 751(a)(2)(C) of the
Act: (1) For Hunan Valin, which had no shipments, the cash deposit rate
will
[[Page 69427]]
remain unchanged from the rate assigned to this company in the most
recently completed review of the company; (2) for previously
investigated or reviewed PRC and non-PRC exporters which are not under
review in this segment of the proceeding but which have separate rates,
the cash deposit rate will continue to be the exporter-specific rate
published for the most recent period; (3) for all PRC exporters of
subject merchandise that have not been found to be entitled to a
separate rate, including Zhengzhou Shangdao, the cash deposit rate will
be the PRC-wide rate of 128.59 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(s) 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 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 351.213.
Dated: November 7, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Results Decision Memorandum
Summary
Background
Scope of the Order
Discussion of the Methodoogy
Preliminary Determination of No Shipments
Separate Rates
Application of Adverse Facts Available
Corroboration of Secondary Information Used as AFA
Duty Evasion
Recommendation
[FR Doc. 2014-27292 Filed 11-20-14; 8:45 am]
BILLING CODE 3510-DS-P