[Federal Register Volume 78, Number 60 (Thursday, March 28, 2013)]
[Notices]
[Pages 18956-18957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07254]
[[Page 18956]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-908]
Sodium Hexametaphosphate from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; 2011-2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 7, 2012, the Department of Commerce (the
``Department'') published the Preliminary Results of the third
administrative review of sodium hexametaphosphate from the People's
Republic of China (``PRC'').\1\ We gave interested parties an
opportunity to comment on the Preliminary Results. No party commented
on the Preliminary Results.
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\1\ See Sodium Hexametaphosphate from the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative
Review; 2011-2012, 77 FR 73011 (December 7, 2012) (``Preliminary
Results'').
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DATES: Effective Date: March 28, 2013.
FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, Office
9, Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW,
Washington, DC 20230; telephone: 202.482.0413.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The scope of this order consists of sodium hexametaphosphate.\2\
The merchandise subject to this order is currently classifiable in the
Harmonized Tariff Schedule of the United States (``HTSUS'') statistical
reporting number 2835.39.5000. However, it may also be imported as a
blend or mixture under heading 3824.90.3900. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written product description, available in the Order remains
dispositive.\3\
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\2\ See ``Decision Memorandum for Preliminary Results of
Antidumping Duty Administrative Review: Sodium Hexametaphosphate
from the People's Republic of China,'' from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations to Paul Piquado, Assistant Secretary for Import
Administration, dated November 29, 2012 (``Preliminary Decision
Memorandum'').
\3\ See Notice of Antidumping Duty Order: Sodium
Hexametaphosphate from the People's Republic of China, 73 FR 14772
(March 19, 2008) (``Order'').
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Final Finding of No Shipments
As noted in the Preliminary Results, because Hubei Xingfa Chemical
Group Co., Ltd. (``Hubei Xingfa'') and Sichuan Mianzhu Norwest
Phosphate Co. (``Norwest'') submitted timely no-shipment certifications
and U.S. Customs and Border Protection (``CBP'') data indicated that
there were no reviewable transactions for these companies during the
period of review (``POR''), we determined that Hubei Xingfa and Norwest
had no reviewable transactions of subject merchandise and retained
their separate rate from the previous administrative review.\4\ As no
information, or argument, has been placed on the record to challenge
these findings, for the final results we continue to find that Hubei
Xingfa and Norwest had no reviewable transactions of subject
merchandise, and thus, have retained their separate rate from the
previous administrative review.
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\4\ See Preliminary Results, 77 FR at 73011-12; see also
Preliminary Decision Memorandum at 2-3.
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PRC-Wide Entity
As noted in the Preliminary Results, there are 13 other companies
also under review in this segment, none of which have a separate rate
from a prior segment of this proceeding.\5\ As no information, or
argument, has been placed on the record to challenge these findings,
for the final results we continue to find that these companies have not
established their eligibility for a separate rate, and they will
continue to be considered part of the PRC-wide entity.
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\5\ See Preliminary Results, 77 FR at 73012.
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Final Results of Review
The weighted-average dumping margins for the POR are as follows:
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\6\ The PRC-wide entity includes Aditya Birla Chemicals
(Thailand) Ltd., Anhui Technology Import & Export Co., Ltd., Anshan
Career Economic Trade Co., Ltd., Blue Science Limited, Boon Stream
Chemical International Trade, Chengdu Boon Stream Chemical Industry
Co., Ltd., Dezhou Hualude Hardware Products Co. Ltd., Gatehouse
International Freight Ltd., Henan Sinchems Imp and Exp Co., Ltd.,
Hubei Xingfa Chemical Export Import Co. Ltd., Rushan Wooyoung
Trading Co., Ltd., Unison Chemical Industrial Co, Ltd. and Zhejiang
Chun-an Foreign Trade Co.
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Weighted-
average
Exporter dumping margin
(percent)
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PRC-wide Entity \6\..................................... 188.05
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Assessment
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries.
The Department intends to issue assessment instructions to CBP 15 days
after the date of publication of the final results of review. The
Department recently announced a refinement to its assessment practice
in NME cases. Pursuant to this refinement in practice, for entries that
were not reported by companies examined during this review, the
Department will instruct CBP to liquidate such entries at the NME-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 NME-wide rate.\7\
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\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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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 Tariff Act of 1930, as amended
(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; (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 that for the PRC-wide
entity; 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.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under section 351.402(f) of the Department's regulations
to file a certificate regarding the reimbursement of antidumping duties
prior to liquidation of the relevant entries during this POR. Failure
to comply with this requirement could result in the Department's
presumption that reimbursement of antidumping duties has occurred and
the subsequent assessment of doubled antidumping duties.
[[Page 18957]]
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with section 351.305 of the
Department's regulations, which continues to govern business
proprietary information in this segment of the proceeding. Timely
written notification of the return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a violation which is
subject to sanction.
We are issuing and publishing this administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: March 21, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-07254 Filed 3-27-13; 8:45 am]
BILLING CODE 3510-DS-P