[Federal Register Volume 80, Number 5 (Thursday, January 8, 2015)]
[Notices]
[Pages 1025-1027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00112]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-875]
Non-Malleable Cast Iron Pipe Fittings From the People's Republic
of China: Preliminary Results of Antidumping Administrative Review;
2013-2014
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 non-malleable
cast iron pipe fittings (``NMPF'') from the People's Republic of China
(``PRC'') for the period of review (``POR'') April 1, 2013, through
March 31, 2014. This review covers one PRC company, Overseas Industrial
Corporation (``OIC'').\1\ The Department preliminarily finds that OIC
is part of the PRC-wide entity. Interested parties are invited to
comment on these preliminary results.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 79 FR 30809 (May 29, 2014).
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DATES: Effective Date: January 8, 2015.
FOR FURTHER INFORMATION CONTACT: Karine Gziryan, 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-
4081.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The products covered by the order are finished and unfinished non-
malleable cast iron pipe fittings with an inside diameter ranging from
1/4 inch to 6 inches, whether threaded or unthreaded, regardless of
industry or proprietary specifications. For a full description of the
scope of the order, see Preliminary Results Decision
[[Page 1026]]
Memorandum from Gary Taverman, Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, dated concurrently
with these results and hereby adopted by this notice (``Preliminary
Decision Memorandum'').
Methodology
The Department 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 the
Preliminary Decision Memorandum. The list of topics discussed in the
Preliminary Decision Memorandum is provided as an Appendix to the
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
(``ACCESS'').\2\ ACCESS is available to registered users at http://access.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/enforcement/. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
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\2\ On November 24, 2014, Enforcement and Compliance changed the
name of Enforcement and Compliance's AD and CVD Centralized
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized
Electronic Service System (``ACCESS''). The Web site location was
changed from http://iaaccess.trade.gov to http://access.trade.gov.
The Final Rule changing the references to the Regulations can be
found at 79 FR 69046 (November 20, 2014).
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Preliminary Results of Review
Because OIC has not demonstrated its eligibility for a separate
rate, we preliminarily find it to be part of the PRC-wide entity \3\
and subject for the rate previously established for the PRC-wide
entity, i.e., 75.50 percent.\4\
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\3\ See Preliminary Decision Memorandum. Pursuant to the
Department's change in practice, the Department no longer considers
the non-market economy entity as an exporter conditionally subject
to administrative reviews. See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent Selection in
Antidumping Duty Proceedings and Conditional Review of the Nonmarket
Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963,
65970 (November 4, 2013). Under this practice, the non-market
economy entity will not be under review unless a party specifically
requests, or the Department self-initiates, a review of the entity.
Because no party requested a review of the entity, the entity is not
under review and the entity's rate is not subject to change.
\4\ See Notice of Antidumping Duty Order: Non-Malleable Cast
Iron Pipe Filings (Sic.) From the People's Republic of China, 68 FR
16765 (April 7, 2003).
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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 ACCESS, within 30 days of the date of publication
of this notice, pursuant to 19 CFR 351.309(c)(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 ACCESS. Electronically filed case briefs/written
comments and hearing requests must be received successfully in their
entirety by the Department's electronic records system, ACCESS, by 5:00
p.m. Eastern Standard Time, within 30 days after the date of
publication of this notice.\5\ 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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\5\ 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.\6\ 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 Overseas Industrial Corporation at 75.50
percent (the rate previously determined for the PRC-wide entity).
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\6\ See 19 CFR 351.212(b)(1).
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The Department announced a refinement to its assessment practice in
NME antidumping duty cases. Pursuant to this refinement in practice,
for merchandise that was not reported in the U.S. sales databases
submitted by an exporter individually examined during this review, but
that entered under the case number of that exporter (i.e., at the
individually-examined exporter's cash deposit rate), the Department
will instruct CBP to liquidate such entries at the PRC-wide rate.
Additionally, pursuant to this refinement, 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 will be liquidated at the PRC-wide rate.\7\
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\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
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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 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; (2)
for all PRC exporters of subject merchandise that have not been found
to be entitled to a separate rate, including Overseas Industrial
Corporation, the cash deposit rate will be the PRC-wide rate of 75.50
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(s) that supplied that non-PRC
exporter. These deposit requirements, when imposed, shall remain in
effect until further notice.
[[Page 1027]]
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: December 30, 2015.
Paul Piquado,
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 Methodology
Separate Rates
Recommendation
[FR Doc. 2015-00112 Filed 1-7-15; 8:45 am]
BILLING CODE 3510-DS-P