[Federal Register Volume 76, Number 169 (Wednesday, August 31, 2011)]
[Notices]
[Pages 54202-54206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22332]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-357-812]


Honey From Argentina: Preliminary Results of Antidumping Duty New 
Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is conducting a 
new shipper review (NSR) under the antidumping duty order on honey from 
Argentina in response to a request from Villamora S.A. (Villamora), an 
Argentine exporter of the subject merchandise. The domestic interested 
parties for this proceeding are the American Honey Producers 
Association and the Sioux Honey Association (collectively, 
petitioners).
    We preliminarily find that the U.S. sale of subject merchandise 
exported by Villamora was bona fide and not sold below normal value 
(NV). If these preliminary results are adopted in our final results, 
the Department intends to instruct U.S. Customs and Border Protection 
(CBP) to assess antidumping duties on all appropriate entries covered 
by this review. See the ``Assessment Rate'' section of this notice. 
Interested parties are invited to comment on these preliminary results. 
See the ``Preliminary Results of Review'' section of this notice. The 
final results will be issued 90 days after the date of signature of 
these preliminary results, unless extended.

DATES: Effective Date: August 31, 2011.

FOR FURTHER INFORMATION CONTACT: Patrick Edwards or Ericka Ukrow, AD/
CVD Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
8029 or (202) 482-0405, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the antidumping duty order on honey from 
Argentina on December 10, 2001. See Notice of Antidumping Duty Order: 
Honey from Argentina, 66 FR 63672 (December 10, 2001). On January 3, 
2011, the Department received a timely filed request, dated December 
31, 2010, from Villamora, in accordance with section 751(a)(2)(B) of 
the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(b), to 
conduct a new shipper review of the antidumping duty order

[[Page 54203]]

on honey from Argentina. The Department found that the request for 
review met the statutory and regulatory requirements for initiation set 
forth in accordance with section 751(a)(2)(B) of the Act and 19 CFR 
351.214(d), and initiated the review on January 25, 2011. See Honey 
from Argentina: Notice of Initiation of Antidumping Duty New Shipper 
Review, 76 FR 5332 (January 31, 2011) (NSR Initiation).
    On February 7, 2011, the Department issued its new shipper 
questionnaire to Villamora. On March 14, 2011, Villamora submitted its 
section A response (AQR). On March 28, 2011, Villamora submitted its 
responses to sections B and C (BQR and CQR, respectively), and Appendix 
VIII (customer-specific) of the questionnaire. On May 16, 2011, the 
Department issued its first supplemental questionnaire to Villamora for 
which a response was filed on June 9, 2011. The Department also issued 
to Villamora a questionnaire regarding a ``particular market 
situation'' in Argentina on June 3, 2011, and a second supplemental 
questionnaire for sections A through C on June 22, 2011. Villamora 
submitted its response to the ``particular market situation'' 
questionnaire on June 29, 2011, and, in combination with its U.S. 
customer (through Villamora), submitted responses to the second 
supplemental questionnaire (SSQR) on June 29, 2011, and July 5, 2011.
    On July 25, 2011, the Department extended the deadline for the 
preliminary results to August 23, 2011. See Honey from Argentina: 
Extension of Time Limit for Preliminary Results of Antidumping Duty New 
Shipper Review, 76 FR 44305 (July 25, 2011). Additionally, on July 28, 
2011, the Department issued a third supplemental questionnaire to 
Villamora. On August 2, 2011, Villamora submitted its response to the 
third supplemental questionnaire (TSQR).

Scope of the Order

    The merchandise subject to the order is honey from Argentina. For 
purposes of this order, the products covered are natural honey, 
artificial honey containing more than 50 percent natural honey by 
weight, preparations of natural honey containing more than 50 percent 
natural honey by weight, and flavored honey. The subject merchandise 
includes all grades and colors of honey whether in liquid, creamed, 
comb, cut comb, or chunk form, and whether packaged for retail or in 
bulk form.
    The merchandise subject to the order is currently classifiable 
under subheadings 0409.00.00, 1702.90.90, and 2106.90.99 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Although the 
HTSUS subheadings are provided for convenience and U.S. Customs and 
Border Protection (CBP) purposes, the Department's written description 
of the merchandise under this order is dispositive.

Bona Fides Analysis

    Consistent with the Department's practice, we examined the bona 
fides of the new shipper sale at issue. In evaluating whether a sale in 
a NSR is commercially reasonable, and therefore bona fide, the 
Department considers, inter alia, such factors as: (1) The timing of 
the sale; (2) the price and quantity; (3) the expenses arising from the 
transaction; (4) whether the goods were resold at a profit; and (5) 
whether the transaction was made on an arm's-length basis. See Tianjin 
Tiancheng Pharmaceutical Co., Ltd. v. United States, 366 F. Supp. 2d 
1246, 1250 (Ct. Int'l Trade 2005) (TTPC). Accordingly, the Department 
considers a number of factors in its bona fides analysis, ``all of 
which may speak to the commercial realities surrounding an alleged sale 
of subject merchandise.'' See Hebei New Donghua Amino Acid Co., Ltd. v. 
United States, 374 F. Supp. 2d 1333, 1342 (Ct. Int'l Trade 2005) (New 
Donghua) (citing Fresh Garlic From the People's Republic of China: 
Final Results of Antidumping Administrative Review and Rescission of 
New Shipper Review, 67 FR 11283 (March 13, 2002), and accompanying 
Issues and Decision Memorandum (New Shipper Review of Clipper 
Manufacturing Ltd.)). In TTPC, the court also affirmed the Department's 
decision that ``any factor which indicates that the sale under 
consideration is not likely to be typical of those which the producer 
will make in the future is relevant,'' (TTPC, 366 F. Supp. 2d at 1250), 
and found that ``the weight given to each factor investigated will 
depend on the circumstances surrounding the sale.'' TTPC, 366 F. Supp. 
2d at 1263. Finally, in New Donghua, the Court of International Trade 
affirmed the Department's practice of evaluating the circumstances 
surrounding a NSR sale, so that a respondent does not unfairly benefit 
from an atypical sale and obtain a lower dumping margin than the 
producer's usual commercial practice would dictate.
    Based on the totality of circumstances, we preliminarily find that 
the sale made by Villamora during the POR was a bona fide commercial 
transaction. The facts that led us to this preliminary conclusion 
include the following: (1) Neither the price nor quantity of the sale 
were outside normal bounds; (2) neither Villamora nor its customer 
incurred any extraordinary expenses arising from this transaction; (3) 
the sale was made between unaffiliated parties at arm's length; and (4) 
the timing of the sale does not indicate that the sale was not bona 
fide. Since much of the factual information used in our analysis of the 
bona fides of the transaction involves business proprietary 
information, a full discussion of the basis for our decision is set 
forth in the Memorandum to Angelica Mendoza, Program Manager, from 
Ericka Ukrow and Patrick Edwards, International Trade Compliance 
Analysts, regarding Bona Fide Nature of the Sale in the Antidumping 
Duty New Shipper Review of Honey from Argentina: Villamora S.A. (Bona 
Fides Memorandum), dated concurrently with this notice and on file in 
the Central Records Unit (CRU), room 7046 of the main Department of 
Commerce building. We will continue to examine the bona fides of 
Villamora's sale after the preliminary results.

Period of Review

    The period of review (POR) for this NSR is December 1, 2009, 
through November 30, 2010.

Fair Value Comparisons

    To determine whether Villamora's sale of subject merchandise from 
Argentina was made in the United States at less than NV, we compared 
the export price (EP) to the NV, as described in the ``U.S. Price'' and 
``Normal Value'' section of this notice in accordance with section 
777A(d)(2) of the Act.

Home Market Viability

    In order to determine whether there is a sufficient volume of sales 
in the home market to serve as a viable basis for calculating NV (i.e., 
the aggregate volume of home market sales of the foreign like product 
is five percent or more of the aggregate volume of U.S. sales), we 
compared the volume of Villamora's home market sales of the foreign 
like product to the volume of its U.S. sale of subject merchandise, in 
accordance with section 773(a)(1)(B)(ii)(II) of the Act. Based on this 
comparison, we determined that Villamora's home market was viable 
during the POR. However, section 773(a)(1)(C)(iii) of the Act provides 
that the Department may determine that home market sales are 
inappropriate as a basis for determining NV if a particular market 
situation would not permit a proper comparison with EP or constructed 
export price (CEP). After reviewing information provided by

[[Page 54204]]

Villamora regarding the honey industry in Argentina, the Department has 
determined that a ``particular market situation'' exists with respect 
to the honey market in Argentina during the POR for Villamora, 
rendering the Argentine market inappropriate for purposes of 
determining NV. See Memorandum to Richard Weible, Director AD/CVD 
Operations, Office 7, from Patrick Edwards and Ericka Ukrow, entitled 
``Whether a particular market situation exists such that the Argentine 
honey market is not an appropriate comparison market for establishing 
normal value,'' dated August 24, 2011 (Particular Market Situation 
Memorandum). See also the discussion of ``Selection of Comparison 
Market'' under ``Normal Value'' below.

Product Comparisons

    Pursuant to section 771(16)(A) of the Act, for purposes of 
determining appropriate product comparisons to the U.S. sales, the 
Department considers all products, as described in the ``Scope of the 
Order'' section of this notice above, that were sold in the comparison 
or third-country market in the ordinary course of trade. In accordance 
with sections 771(16)(B) and (C) of the Act, where there are no sales 
of identical merchandise in the comparison or third-country market made 
in the ordinary course of trade, we compare U.S. sales to sales of the 
most similar foreign like product based on the characteristics listed 
in sections B and C of our antidumping questionnaire: Type, grade or 
color, and form. We found that Villamora had sales of foreign like 
product that were identical in these respects to the merchandise sold 
in the United States, and therefore compared the U.S. product with the 
identical merchandise sold in the third-country market, i.e., Germany, 
based on the characteristics listed above, in that order of 
priority.\1\
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    \1\ See ``Selection of Comparison Market'' section below.
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Date of Sale

    Pursuant to 19 CFR 351.401(i), the Department will normally use the 
date of invoice as the date of sale, unless a different date better 
reflects the date on which the material terms of sale are established. 
In its initial response, Villamora reported invoice date as the date of 
sale for its third-country market sales and its U.S. sale. Moreover, 
Villamora reported that for both markets, it issues the invoice 
concurrently with the departure of the vessel. See Villamora's BQR at 
10 and CQR at 9. In its first supplemental questionnaire reponse 
(FSQR), dated June 9, 2011, Villamora clarified that while the purchase 
order generally sets the expected terms of sale, such orders are 
subject to change prior to shipment. Furthermore, Villamora notes that 
the quantity specified in the purchase order is not always identical to 
the actual quantity shipped. See Villamora's FSQR, dated June 9, 2011, 
at 16-18. Accordingly, we preliminarily find that there is potential 
for change to the essential terms of sale between the order date and 
invoice date, and therefore, invoice date continues to be the 
appropriate date of sale with respect to Villamora's sales to the U.S. 
and third-country markets. However, during the POR, for all of 
Villamora's sales, shipment occurred prior to invoice and, consistent 
with past segments of this proceeding and the Department's practice, we 
used the shipment date as the date of sale. See Stainless Steel Sheet 
and Strip in Coils from the Republic of Korea: Preliminary Results and 
Partial Rescission of Antidumping Duty Administrative Review, 71 FR 
18074, 18079-80 (April 10, 2006), unchanged in Stainless Steel Sheet 
and Strip in Coils from the Republic of Korea; Final Results and 
Rescission of Antidumping Duty Administrative Review in Part, 72 FR 
4486 (January 31, 2007), and the accompanying Issues and Decision 
Memorandum at Comments 4 and 5; Certain Cold-Rolled and Corrosion-
Resistant Carbon Steel Flat Products From Korea: Final Results of 
Antidumping Duty Administrative Reviews, 63 FR 13170, 13172-73 (March 
18, 1998).

U.S. Price

    Section 772(a) of the Act defines EP as ``the price at which the 
subject merchandise is first sold (or agreed to be sold) before the 
date of importation by the producer or exporter of subject merchandise 
outside of the United States to an unaffiliated purchaser in the United 
States or to an unaffiliated purchaser for exportation to the United 
States, as adjusted under (section 772(c) of the Act).'' Section 772(b) 
of the Act defines CEP as ``the price at which the subject merchandise 
is first sold (or agreed to be sold) in the United States before or 
after the date of importation by or for the account of the producer or 
exporter of such merchandise or by a seller affiliated with the 
producer or exporter, to a purchaser not affiliated with the producer 
or exporter,'' as adjusted under sections 772(c) and (d) of the Act. 
For purposes of this new shipper review, Villamora classified their 
U.S. sale as EP because this sale was made before the date of 
importation directly to an unaffiliated customer in the U.S. market. 
For purposes of these preliminary results, we have accepted this 
classification. We calculated EP using the price Villamora charged its 
unaffiliated customer. We made deductions and adjustments, where 
appropriate, for movement expenses, export taxes, inland insurance, 
shipping revenues, brokerage and handling, and other expenses incurred 
in Argentina.
    Information about the specific adjustments and our analysis of the 
adjustments is business proprietary, and is detailed in the Memorandum 
to The File, through Angelica Mendoza, Program Manager, from Patrick 
Edwards and Ericka Ukrow, International Trade Compliance Analysts, 
Analysis Memorandum for the Preliminary Results of the Antidumping Duty 
New Shipper Review of Honey from Argentina: Villamora S.A., dated 
concurrently with this notice (Preliminary Analysis Memorandum).

Normal Value

1. Selection of Comparison Market

    In accordance with section 773(a)(1)(C) of the Act, to determine 
whether there was a sufficient volume of sales in the home market to 
serve as a viable basis for calculating NV (i.e., the aggregate volume 
of home market sales of the foreign like product is greater than or 
equal to five percent of the aggregate volume of U.S. sales), we 
compared Villamora's aggregate volume of home market sales of the 
foreign like product to its aggregate volume of U.S. sales of subject 
merchandise. Villamora's volume of home market sales were greater than 
five percent of the aggregate volume of U.S. sales. However, section 
773(a)(1)(C)(iii) of the Act provides that the Department may determine 
that home market sales are inappropriate as a basis for determining NV 
if a particular market situation would not permit a proper comparison 
with EP and CEP.
    As noted above, the Department determined that a particular market 
situation does, in fact, exist with respect to Villamora's sales of 
honey in Argentina, rendering the Argentine market inappropriate for 
purposes of determining NV. See Particular Market Situation Memorandum.
    When sales in the home market are not suitable to serve as the 
basis for NV, section 773(a)(1)(B)(ii) of the Act provides that sales 
to a third-country market may be utilized if: (i) The prices in such 
market are representative; (ii) the aggregate quantity of the foreign 
like product sold by the producer or exporter in the third-country 
market is

[[Page 54205]]

five percent or more of the aggregate quantity of the subject 
merchandise sold in or to the United States; and (iii) the Department 
does not determine that a particular market situation in the third-
country market prevents a proper comparison with the EP or CEP. In 
terms of volume of sales (and with five percent or more of sales by 
quantity to the United States), Villamora reported Germany as its 
largest third-country market during the POR.
    The Department preliminarily finds there is no evidence on the 
record to demonstrate that these prices in Germany are not 
representative. See Villamora's AQR at Exhibit A.1. In addition, the 
record shows the aggregate quantity of Villamora's sales to Germany is 
greater than five percent of Villamora's sales to the United States. 
Nor is there evidence that any other third-country market to which 
Villamora sells would offer greater similarity of product to that sold 
to the United States. Further, we find there is no particular market 
situation in Germany with respect to Villamora or the general honey 
market that would prevent a proper comparison to EP. As a result, we 
preliminarily find Villamora's sales to Germany serve as the most 
appropriate basis for NV.
    In addition to looking at volume, we also examined and found 
product similarity between Villamora's product sold to the largest 
third-country market and the product sold to the United States. Thus, 
the Department determines to select Germany as the appropriate 
comparison market for Villamora.
    Therefore, Villamora's NV is based on its German sales to 
unaffiliated purchasers made in commercial quantities and in the 
ordinary course of trade. For NV, we used the prices at which the 
foreign like product was first sold for consumption in the usual 
commercial quantities, in the ordinary course of trade, and at the same 
level of trade (LOT) as the EP. See ``Level of Trade'' section below. 
We calculated NV as noted in the relevant section of this notice, 
infra.

2. Affiliated Entities

    Villamora claimed in its responses that Enzo Juan Garaventa is 
affiliated with Villamora. See Villamora's AQR at A-9; see also 
Villamora's response to the Department's letter titled ``Antidumping 
Duty New Shipper Review of Honey from Argentina: Treatment of Certain 
Information as Business Proprietary,'' dated July 25, 2011. Much of the 
discussion concerning Villamora and its affiliate, Enzo Juan Garaventa, 
is proprietary in nature. Therefore, for a complete analysis of the 
affiliation that exists between the two entities, see Memorandum to 
Richard Weible, Office Director, from Patrick Edwards and Ericka Ukrow, 
International Trade Compliance Analysts, titled ``Antidumping Duty New 
Shipper Review of Honey from Argentina: Analysis of the Relationship 
Between Villamora S.A. (Villamora) and Enzo Juan Garaventa 
(Garaventa),'' dated August 24, 2011 (Affiliation and Collapsing 
Memorandum). As a result of our analysis and pursuant to section 
771(33)(E) of the Act and 19 CFR 351.102(b)(3), we preliminarily find 
that Villamora and Enzo Juan Garaventa are affiliated.
    Pursuant to 19 CFR 351.401(f), the Department will treat two or 
more affiliated producers as a single entity where: (1) Those producers 
have production facilities for similar or identical product that would 
not require substantial retooling of either facility; and (2) there is 
a significant potential for manipulation of price or production. 
Evidence on the record shows that Enzo Juan Garaventa and Villamora 
produce similar or identical merchandise. Additionally, the nature of 
their affiliation, as well as Enzo Juan Garaventa's involvement in 
several aspects of Villamora's operations, demonstrates a significant 
potential for manipulation of price and/or production between the two 
entities. Therefore, for purposes of this new shipper review, the 
Department has also preliminarily determined that it is appropriate to 
treat Enzo Juan Garaventa and Villamora as a single entity, pursuant to 
19 CFR 351.401(f)(1) and (2). For a more detailed discussion of our 
collapsing analysis, see Affiliation and Collapsing Memorandum.

Level of Trade

    In accordance with section 773(a)(1)(B)(i) of the Act, to the 
extent practicable, we determine NV based on sales in the comparison 
market at the same LOT as the EP or CEP sales in the U.S. market. For 
further discussion of our LOT analysis, see Preliminary Analysis 
Memorandum.
    After analyzing the information on the record with respect to these 
selling functions, we preliminarily find that all reported sales are 
made at the same LOT. For a further discussion of LOT, see ``Level of 
Trade'' section in the Preliminary Analysis Memorandum.

Calculation of Normal Value

    We based NV on the third-country prices to unaffiliated customers 
in Germany. Pursuant to section 773(a)(6)(B)(ii) of the Act, we made 
adjustments, where applicable, for movement expenses (i.e., inland 
freight, export taxes, and shipping revenues). In accordance with 
section 773(a)(6)(C)(iii) of the Act and 19 CFR 351.410(c), we made, 
where appropriate, circumstance-of-sale adjustments for third-country 
market and U.S. direct selling expenses including imputed credit and 
warranty expenses. See Preliminary Analysis Memorandum.

Currency Conversion

    The Department's preferred source for daily exchange rates is the 
Federal Reserve Bank. See Preliminary Results of Antidumping Duty 
Administrative Review: Stainless Steel Sheet and Strip in Coils from 
France, 68 FR 47049, 47055 (August 7, 2003) (unchanged in Notice of 
Final Results of Antidumping Duty Administrative Review: Stainless 
Steel Sheet and Strip in Coils From France, 68 FR 69379 (December 12, 
2003)). However, the Federal Reserve Bank does not track or publish 
exchange rates for the Argentine peso. Therefore, we made currency 
conversions from Argentine pesos to U.S. dollars based on the daily 
exchange rates from Factiva, a Dow Jones retrieval service. Factiva 
publishes exchange rates for Monday through Friday only. We used the 
rate of exchange on the most recent Friday for conversion dates 
involving Saturday through Sunday where necessary.

Preliminary Results of New Shipper Review

    As a result of our review, we preliminarily find, in accordance 
with 19 CFR 351.214(i)(1), that the following weighted-average dumping 
percentage margin exists for Enzo Juan Garaventa/Villamora for the 
period December 1, 2009, through November 30, 2010:

------------------------------------------------------------------------
                                                               Weighted-
                                                                Average
                    Manufacturer/Exporter                       margin
                                                               (percent)
------------------------------------------------------------------------
Enzo Juan Garaventa or Villamora S.A./Enzo Juan Garaventa or        0.00
 Villamora S.A..............................................
------------------------------------------------------------------------

Assessment Rate

    Upon completion of this new shipper review, the Department shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries, in accordance with 19 CFR 351.212(b). The Department intends 
to issue assessment instructions for Enzo Juan Garaventa/Villamora 
directly to CBP 15 days after the date of publication of the final 
results of this new shipper review.
    Pursuant to 19 CFR 351.212(b)(1), we will calculate an importer-
specific assessment rate on the basis of the ratio

[[Page 54206]]

of the total amount of antidumping duties calculated for the examined 
sales and the total entered value of the examined sales. We will 
instruct CBP to assess antidumping duties on all appropriate entries 
covered by this review if the importer-specific assessment rate 
calculated in the final results of this review is above de minimis 
(i.e., at or above 0.50 percent). Pursuant to 19 CFR 351.106(c)(2), we 
intend to instruct CBP to liquidate without regard to antidumping 
duties any entries for which the assessment rate is zero or de minimis 
(i.e., less than 0.50 percent). See 19 CFR 351.106(c)(1).

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 new shipper review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for subject 
merchandise that is manufactured by Enzo Juan Garaventa or Villamora 
and exported by Enzo Juan Garaventa or Villamora will be the rate 
established in the final results of this new shipper review, except no 
cash deposit will be required if its weighted-average margin is de 
minimis (i.e., less than 0.5 percent); (2) if the exporter is not a 
firm covered in this review, but was covered in a previous review or 
the original less-than-fair-value (LTFV) investigation, 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, a previous review, or the original 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 
and/or exporters of this merchandise, shall be 30.24 percent, the all-
others rate established in the LTFV investigation. See Notice of 
Antidumping Duty Order; Honey From Argentina, 66 FR 63672 (December 10, 
2001). These requirements, when imposed, shall remain in effect until 
further notice.
    Further, effective upon publication of the final results, we intend 
to instruct CBP that importers may no longer post a bond or other 
security in lieu of a cash deposit on imports of honey from Argentina, 
manufactured by Enzo Juan Garaventa or Villamora and exported by Enzo 
Juan Garaventa or Villamora. These cash deposit requirements, when 
imposed, shall remain in effect until further notice.

Disclosure and Public Hearing

    The Department will disclose to parties the calculations performed 
in connection with these preliminary results within five days of the 
date of public announcement. See 19 CFR 351.224(b). Unless notified by 
the Department, pursuant to 19 CFR 351.309(c)(ii), interested parties 
may submit cases 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 
deadline for filing the case briefs. See 19 CFR 351.309(d). Parties who 
submit case briefs or rebuttal briefs in this proceeding are requested 
to submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities. Additionally, 
parties are requested to provide their case briefs and rebuttal briefs 
in electronic format (e.g., WordPerfect, Microsoft Word, Adobe Acrobat, 
etc.).
    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 within 30 days of the date of 
publication of this notice. 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 case and rebuttal briefs. See 19 CFR 
351.310(c).
    Beginning August 5, 2011, with certain limited exceptions, 
interested parties are required to file electronically all submissions 
for all proceedings using Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (IA ACCESS). 
An electronically-filed document must be successfully received in its 
entirety by the Department's electronic records system, IA ACCESS, by 
the time and date of the above-referenced deadline for the submission 
of case briefs. Documents excepted from the electronic submission 
requirements, must be filed manually (i.e., in paper form) with the 
APO/Dockets Unit in Room 1870 and stamped with the date and time of 
receipt by the deadline. See Antidumping and Countervailing Duty 
Proceedings: Electronic Filing Procedures; Administrative Protective 
Order Procedures, 76 FR 39263 (July 6, 2011).\2\
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    \2\ Available online at http://www.gpo.gov/fdsys/pkg/FR-2011-07-06/pdf/2011-16352.pdf.
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    The Department will issue the final results of this review, 
including the results of its analysis of issues raised in any written 
briefs, within 90 days of signature of these preliminary results, 
unless the final results are extended. See section 751(a)(2)(B)(iv) of 
the Act.

Notification to Importers

    This notice 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.
    This new shipper review is issued and published in accordance with 
sections 751(a)(2)(B)(iv) and 777(i)(1) of the Act, as well as 19 CFR 
351.214(i).\3\
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    \3\ There was an earthquake on Tuesday, August 23, 2011, which 
resulted in the Commerce building being closed from 2 pm until COB 
on that day. Because the closure affected our ability to issue this 
determination within the statutory deadline, we have tolled the 
deadline by one day.

    Dated: August 24, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-22332 Filed 8-30-11; 8:45 am]
BILLING CODE 3510-DS-P