[Federal Register Volume 79, Number 4 (Tuesday, January 7, 2014)]
[Notices]
[Pages 808-812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-00038]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-815]


Welded Stainless Pressure Pipe From Malaysia: Preliminary 
Determination of Sales at Less Than Fair Value, Affirmative Preliminary 
Determination of Critical Circumstances, in Part, and Postponement of 
Final Determination

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.

SUMMARY: The Department of Commerce (``Department'') preliminarily 
determines that welded stainless pressure pipe (``WSPP'') from Malaysia 
is being, or is likely to be, sold in the United States at less than 
fair value (``LTFV''), as provided in section 733 of the Tariff Act of 
1930, as amended (``the Act''). The estimated weighted-average dumping 
is shown in the ``Preliminary Determination'' section of this notice. 
Interested parties are invited to comment on this preliminary 
determination.

DATES: Effective Date: January 7, 2014.

FOR FURTHER INFORMATION CONTACT: Charles Riggle or Erin Kearney, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0650 or (202) 482-0167, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On May 16, 2013, the Department received an antidumping duty 
(``AD'') petition concerning imports of WSPP from Malaysia filed in 
proper form by Bristol Metals, LLC, Felker Brothers Corp., and 
Outokumpu Stainless Pipe, Inc. (``Petitioners'').\1\ The Department 
initiated an AD investigation of WSPP from Malaysia on June 12, 
2013.\2\ On July 26, 2013, the U.S. International Trade Commission 
(``ITC'') preliminarily determined that there is a reasonable 
indication that an industry in the United States is materially

[[Page 809]]

injured by reason of imports of WSPP from Malaysia.\3\
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    \1\ See Antidumping Duty Petitions on Welded Stainless Pressure 
Pipe from Malaysia, Thailand, and Vietnam, dated May 16, 2013 
(``Petition'').
    \2\ See Welded Stainless Pressure Pipe From Malaysia, Thailand, 
and the Socialist Republic of Vietnam: Initiation of Antidumping 
Duty Investigations, 78 FR 35253 (June 12, 2013) (``Initiation 
Notice'').
    \3\ See Welded Stainless Steel Pressure Pipe From Malaysia, 
Thailand, and Vietnam, 78 FR 45271 (July 26, 2013).
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    In the Initiation Notice, we set aside a period of time for parties 
to raise issues regarding product coverage and product characteristics 
but no interested party submitted comments. We also stated our 
intention to select respondents based on United States Customs and 
Border Protection (``CBP'') data. After releasing CBP data to 
interested parties on June 18, 2013, the Department received comments 
regarding the CBP data and respondent selection from Petitioners on 
June 21, 2013.\4\
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    \4\ See Letter from Petitioners, ``Welded Stainless Steel 
Pressure Pipe From Malaysia: Comments on CBP Data Release,'' dated 
June 21, 2013.
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    On July 19, 2013, based on its analysis of the CBP data, the 
Department selected Kanzen Tetsu Sdn. Bhd. (``Kanzen'') and Pantech 
Stainless & Alloy Industries Sdn. Bhd. (``Pantech'') as mandatory 
respondents.\5\ On July 23, 2013, the Department issued the AD 
questionnaire to Kanzen and Pantech. On August 27, 2013, after 
requesting and receiving extensions to its questionnaire deadlines, 
Pantech informed the Department that it would not be participating in 
the investigation of WSPP from Malaysia.\6\ Kanzen also requested and 
received extensions of its questionnaire response deadlines, but Kanzen 
submitted no questionnaire responses.
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    \5\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, Office 
4, ``Antidumping Duty Investigation of Welded Stainless Pressure 
Pipe from Malaysia: Respondent Selection Memorandum,'' dated July 
19, 2013.
    \6\ See Letter from Pantech, ``Welded Stainless Steel Pipe from 
Malaysia,'' dated August 27, 2013.
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    On August 5, 2013, Superinox Pipe Industry Sdn. Bhd. filed a 
submission with the Department stating that it wanted to participate in 
the investigation as a voluntary respondent. Between August 27 and 
September 9, 2013, Superinox Pipe Industry Sdn. Bhd. and its 
affiliates, Superinox International Sdn. Bhd., and Tatt Giap Hardware 
Sdn. Bhd. (collectively, ``Superinox''), submitted responses to 
sections A, B, and C of the Department's questionnaire, which were 
filed by the deadlines originally given to Kanzen and Pantech before 
they decided not to participate in the investigation. Based on an 
analysis of the CBP data used to select the original mandatory 
respondents, the Department found that the next largest producer or 
exporter was Superinox International Sdn. Bhd. On September 25, 2013, 
the Department selected Superinox International Sdn. Bhd. as the third 
mandatory respondent.\7\
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    \7\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, Office 
4, ``Antidumping Duty Investigation of Welded Stainless Pressure 
Pipe from Malaysia: Selection of Additional Mandatory Respondent,'' 
dated September 25, 2013.
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    On October 25, 2013, Petitioners requested that the Department make 
a finding that critical circumstances exist with respect to U.S. 
imports of WSPP from Malaysia and order suspension of liquidation 90 
days prior to the date of its preliminary determination.
    On November 18, 2013, Superinox requested a postponement of the 
final determination and an extension of provisional measures.\8\ On 
November 21, 2013, Petitioners requested a postponement of the final 
determination.\9\ On December 27, 2013, Superinox withdrew from 
participating in the investigation and no longer consented to the use 
of its business proprietary and public information in this 
investigation.\10\
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    \8\ See Submission from Superinox, ``Welded Stainless Steel Pipe 
from Malaysia; Request to Extend the Final Determination'' dated 
November 18, 2013.
    \9\ See Submission from Petitioners, ``Welded Stainless Steel 
Pressure Pipe from Malaysia: Contingent Request for Postponement of 
Final Determination'' dated November 21, 2013.
    \10\ See Submission from Superinox, ``Welded Stainless Steel 
Pipe from Malaysia; Withdrawal from Participation'' dated December 
27, 2013.
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Period of Investigation

    The period of investigation (``POI'') is April 1, 2012, through 
March 31, 2013. This period corresponds to the four most recent fiscal 
quarters prior to the month of the filing of the petition, which was 
May 2013.\11\
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    \11\ See 19 CFR 351.204(b)(1).
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Postponement of Preliminary Determination

    On September 19, 2013, Petitioners made a timely request, which 
they amended on September 24, 2013, for a 50-day postponement of the 
preliminary determination pursuant to section 733(c)(1)(A) of the Act 
and 19 CFR 351.205(e).\12\
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    \12\ See Welded Stainless Pressure Pipe From Malaysia, Thailand, 
and the Socialist Republic of Vietnam: Postponement of Preliminary 
Determinations of Antidumping Duty Investigations, 78 FR 62583 
(October 22, 2013). The Department notified interested parties of 
the postponement of the preliminary determination more than twenty 
days before the original deadline for issuing the preliminary 
determination.
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    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department exercised its discretion to 
toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013.\13\ Therefore, all 
deadlines in this segment of the proceeding have been extended by 16 
days. If the new deadline falls on a non-business day, in accordance 
with the Department's practice, the deadline will become the next 
business day. Accordingly, the revised deadline for the preliminary 
determination of this investigation is now December 30, 2013.\14\
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    \13\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, ``Deadlines Affected by 
the Shutdown of the Federal Government,'' dated October 18, 2013.
    \14\ The deadline of December 28, 2013, falls on a Saturday; 
therefore, the deadline is the next business day, i.e. Monday, 
December 30, 2013.
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Postponement of Final Determination and Extension of Provisional 
Measures

    Pursuant to section 735(a)(2) of the Act, on November 18 and 
November 21, 2013, Superinox and Petitioners, respectively, requested 
that the Department postpone the final determination by 60 days (135 
days after publication of the preliminary determination), and Superinox 
requested that the Department extend the provisional measures.\15\ 
Section 735(a)(2) of the Act provides that a final determination may be 
postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. The Department's regulations, at 19 CFR 351.210(e)(2), 
require that requests by respondents for postponement of a final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to not more than six months.
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    \15\ See Submission from Superinox, ``Welded Stainless Steel 
Pipe from Malaysia; Request to Extend the Final Determination,'' 
dated November 18, 2013; see also Submission from Petitioners, 
``Welded Stainless Steel Pressure Pipe from Malaysia: Contingent 
Request for Postponement of Final Determination,'' dated November 
21, 2013.
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    In accordance with sections 735(a)(2) and 733(d) of the Act and 19 
CFR 351.210(b) and (e), because: (1) our preliminary determination is 
affirmative; (2) the exporter requesting the postponement, Superinox, 
accounts for a significant proportion of exports of the subject 
merchandise; and (3) no compelling reasons for denial of the 
postponement exist, we are postponing

[[Page 810]]

the final determination until no later than 135 days after the 
publication of the preliminary determination notice in the Federal 
Register, and we are extending provisional measures from four months to 
a period not to exceed six months. We are also extending the 
application of the provisional measures prescribed under section 733(d) 
of the from a four-month period to not more than a six-month period.

Scope of the Investigation

    The merchandise covered by this investigation is circular welded 
austenitic stainless pressure pipe not greater than 14 inches in 
outside diameter. For purposes of this investigation, references to 
size are in nominal inches and include all products within tolerances 
allowed by pipe specifications. This merchandise includes, but is not 
limited to, the American Society for Testing and Materials (ASTM) A-312 
or ASTM A-778 specifications, or comparable domestic or foreign 
specifications. ASTM A-358 products are only included when they are 
produced to meet ASTM A-312 or ASTM A-778 specifications, or comparable 
domestic or foreign specifications.
    Excluded from the scope are: (1) Welded stainless mechanical 
tubing, meeting ASTM A-554 or comparable domestic or foreign 
specifications; (2) boiler, heat exchanger, superheater, refining 
furnace, feedwater heater, and condenser tubing, meeting ASTM A-249, 
ASTM A-688 or comparable domestic or foreign specifications; and (3) 
specialized tubing, meeting ASTM A269, ASTM A-270 or comparable 
domestic or foreign specifications.
    The subject imports are normally classified in subheadings 
7306.40.5005, 7306.40.5040, 7306.40.5062, 7306.40.5064, and 
7306.40.5085 of the Harmonized Tariff Schedule of the United States 
(HTSUS). They may also enter under HTSUS subheadings 7306.40.1010, 
7306.40.1015, 7306.40.5042, 7306.40.5044, 7306.40.5080, and 
7306.40.5090. The HTSUS subheadings are provided for convenience and 
customs purposes only; the written description of the scope of this 
investigation is dispositive.

Scope Comments

    In accordance with the preamble to the Department's 
regulations,\16\ in our Initiation Notice we set aside a period of time 
for parties to raise issues regarding product coverage, and encouraged 
all parties to submit comments within 20 calendar days of publication 
of the Initiation Notice. No interested party submitted comments.
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    \16\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
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Adverse Facts Available

    Because the mandatory respondents Kanzen, Pantech, and Superinox 
either failed to respond to the Department's questionnaire or informed 
the Department that they would no longer participate in the 
investigation, we have preliminarily determined to apply facts 
otherwise available with an adverse inference to these respondents 
pursuant to sections 776(a) and (b) of the Act.\17\ Although it 
requested that its information be removed from the record, we have 
retained Superinox's business proprietary and public information on the 
record of this investigation in order to prevent the manipulation of 
the final weighted-average dumping margins for the mandatory 
respondents, which are the largest three exporters of the merchandise 
under consideration. We have based the adverse facts available 
(``AFA'') rate for the three mandatory respondents on this 
information.\18\ As AFA, we assigned the three mandatory respondents a 
rate of 167.11 percent.
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    \17\ See memorandum from Abdelali Elouaradia, Director, Office 
IV Antidumping and Countervailing Duty Operations to Christian 
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations regarding ``Welded Stainless Pressure Pipe from 
Malaysia: Application of Facts Available and Selection of Adverse 
Facts Available Rate'' dated concurrently with this notice.
    \18\ See memorandum from Abdelali Elouaradia, Director, Office 
IV Antidumping and Countervailing Duty Operations to Christian Marsh 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations regarding ``Welded Stainless Pressure Pipe from Malaysia: 
Retention of Superinox's Data'' dated concurrently with this notice.
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Critical Circumstances

    On October 25, 2013, Petitioners requested that the Department make 
a finding that critical circumstances exist with respect to U.S. 
imports of WSPP from Malaysia. Petitioners alleged that U.S. importers 
of WSPP from Malaysia should have known that exporters were selling 
subject merchandise in the United States at less than fair value and 
there was likely to be material injury by reason of such sales because 
the weighted-average dumping margins that will be assigned as AFA in 
this investigation will likely exceed 25 percent, the level required to 
impute knowledge of dumping, and the ITC preliminarily found that an 
industry in the United States is materially injured by such imports. 
Moreover, Petitioners allege that there have been massive imports of 
the subject merchandise into the United States over a relatively short 
period, which is the second criterion for finding critical 
circumstances, because there was an 87.6 percent increase in the volume 
of imports in the three months following the filing of the Petition 
compared to the volume of imports during the three months immediately 
preceding the filing of the Petition.
    Section 733(e)(1) of the Act provides that the Department will 
determine that critical circumstances exist if there is a reasonable 
basis to believe or suspect that: (A)(i) There is a history of dumping 
and material injury by reason of dumped imports in the United States or 
elsewhere of the subject merchandise; or (ii) the person by whom, or 
for whose account, the merchandise was imported knew or should have 
known that the exporter was selling the subject merchandise at less 
than its fair value and that there was likely to be material injury by 
reason of such sales; and (B) there have been massive imports of 
subject merchandise over a relatively short period.
    The Department normally considers weighted-average dumping margins 
of 25 percent or more, for export price sales, or 15 percent or more, 
for constructed export price sales, sufficient to impute knowledge of 
the exporter selling the subject merchandise at less than its fair 
value.\19\ We have assigned Kanzen, Pantech, and Superinox a 
preliminary weighted-average dumping margin based on total AFA equal to 
167.11 percent, which provides a sufficient basis for imputing 
knowledge of sales of subject merchandise at less than fair value to 
the importers.
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    \19\ See Notice of Preliminary Determination of Sales at Less 
Than Fair Value: Certain Lined Paper Products from Indonesia, 71 FR 
15162, 15166 (March 27, 2006), unchanged in Final Determination of 
Sales at Less Than Fair Value and Affirmative Final Determination of 
Critical Circumstances: Certain Lined Paper Products from Indonesia, 
71 FR 47171 (August 16, 2006).
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    In determining whether the importer knew or should have known that 
there was likely to be material injury caused by reason of such 
imports, the Department normally will look to the preliminary injury 
determination of the ITC.\20\ If the ITC finds a reasonable indication 
of material injury to the relevant U.S. industry, the Department will 
determine that a reasonable basis exists to imputer importer knowledge

[[Page 811]]

that material injury is likely by reason of such imports. Here the ITC 
preliminarily found that there is a reasonable indication that an 
industry in the United States is materially injured by reason of 
imports of WSPP from Malaysia.\21\ Therefore, the ITC's preliminary 
injury determination in this investigation is sufficient to impute 
knowledge that material injury is likely.
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    \20\ See Final Determination of Sales at Less Than Fair Value 
and Affirmative Determination of Critical Circumstances: Small 
Diameter Graphite Electrodes from the People's Republic of China, 74 
FR 2049, 2053 (January 14, 2009) (``Graphite Electrodes'') (``We 
also continue to find the ITC's preliminary injury determination in 
the instant investigation is sufficient to impute knowledge of 
material injury to importers.'').
    \21\ See Welded Stainless Steel Pressure Pipe From Malaysia, 
Thailand, and Vietnam, 78 FR 45271 (July 26, 2013).
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    Furthermore, because the mandatory respondents are not 
participating in this investigation, consistent with Department 
practice, we have also based our ``massive imports'' determination on 
AFA.\22\ Specifically, we have made an adverse inference that imports 
from these three respondents were massive during the relevant time 
period.
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    \22\ See, e.g., Graphite Electrodes 74 FR 2049, 2052-2053 and 
accompanying Issues and Decision Memorandum at Comment 4 (stating 
that ``we have based our determination of whether there were massive 
imports with respect to the Fangda Group on AFA . . . the Department 
may employ adverse inferences in selecting from among the facts 
available `to ensure that the party does not obtain a more favorable 
result by failing to cooperate fully . . . 'To ensure that the 
Fangda Group does not obtain a more favorable result by failing to 
cooperate, for this final determination, we continue to find, as 
AFA, that imports of subject merchandise were massive for the Fangda 
Group.'').
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    However, we have preliminarily found that critical circumstances do 
not exist with respect to all other exporters or producers of WSPP from 
Malaysia because we do not find the criterion of section 733(e)(1)(A) 
of the Act satisfied with respect to all other exporters or producers. 
Due to the absence of cooperative mandatory respondents, we have 
calculated the weighted-average dumping margin for ``all-other'' 
exporters or producers by averaging the dumping margins alleged in the 
Petition, as adjusted at initiation. The average of the Petition's 
dumping margins is 22.70 percent. Since the preliminary ``all-others'' 
rate is not greater than 25 percent, we preliminarily find that this 
weighted-average dumping margin does not provide a sufficient basis for 
imputing knowledge of sales of subject merchandise at less than fair 
value to importers with respect to exporters or producers in the all-
others group.\23\
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    \23\ See memorandum from Erin Kearney International Trade 
Analyst, Office IV AD/CVD Operations to Abdelali Elouaradia, 
Director, Office IV AD/CVD Operations regarding ``Welded Stainless 
Pressure Pipe from Malaysia: Critical Circumstances'' dated 
concurrently with this notice.
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Preliminary Determination

    The preliminarily weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Exporter or producer                    dumping margin
                                                             (percent)
------------------------------------------------------------------------
Superinox Pipe Industry Sdn. Bhd./Superinox                       167.11
 International Sdn. Bhd.................................
Kanzen Tetsu Sdn. Bhd...................................          167.11
Pantech Stainless & Alloy Industries Sdn. Bhd...........          167.11
All Others..............................................           22.70
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All Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated ``all 
others'' rate shall be an amount equal to the weighted average of the 
estimated weighted-average dumping margins established for exporters or 
producers individually investigated, excluding rates that are zero, de 
minimis or determined entirely under section 776 of the Act. The 
weighted-average dumping margin assigned to the three mandatory 
respondents was determined entirely under section 776 of the Act. 
Pursuant to section 735(c)(5)(B) of the Act, if the estimated weighted-
average dumping margins established for all exporters and producers 
individually examined are zero, de minimis or determined based entirely 
under section 776 of the Act, the Department may use any reasonable 
method to establish the estimated weighted-average dumping margin for 
all other producers or exporters. Consistent with our practice, we 
calculated an all-others rate equal to a simple average of the petition 
rates,\24\ as listed in the Federal Register notice announcing the 
initiation of this investigation.\25\
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    \24\ See, e.g., Notice of Final Determination of Sales at Less 
Than Fair Value: Raw Flexible Magnets From Taiwan, 73 FR 39673, 
39674 (July 10, 2008).
    \25\ See Initiation Notice.
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Disclosure and Public Comment

    We will disclose the calculations used to determine the AFA rate to 
parties in this proceeding within five days of the date of publication 
of this notice in accordance with 19 CFR 351.224(b).
    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than 21 
days after the date of publication of this notice in the Federal 
Register, and rebuttal briefs, limited to issues raised in case briefs, 
may be submitted no later than five days after the deadline date for 
case briefs.\26\ A table of contents, list of authorities used, and an 
executive summary of issues should accompany any briefs submitted to 
the Department.\27\ This summary should be limited to five pages total, 
including footnotes. Interested parties who wish to request a hearing, 
or to participate if one is requested, must submit a written request 
for a hearing to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce within 30 days after the date 
of publication of this notice.\28\ Hearing requests should contain the 
party's name, address, and telephone number, the number of participants 
in the hearing, and a list of the issues to be discussed. If a request 
for a hearing is made, the Department intends to hold the hearing at 
the U.S. Department of Commerce, 14th Street and Constitution Avenue 
NW, Washington, DC 20230, at a time and location to be determined. 
Parties should confirm the date, time, and location of the hearing two 
days before the scheduled date. With limited exceptions, all documents 
submitted to the Department must be filed electronically using IA 
ACCESS. An electronically filed document must be received successfully 
in its entirety by the Department's electronic records system, IA 
ACCESS, by 5:00 p.m. Eastern Standard Time on the date it is due.
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    \26\ See 19 CFR 351.309.
    \27\ See 19 CFR 351.309(c)(2).
    \28\ See 19 CFR 351.310(c).
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Suspension of Liquidation

    As noted above, the Department found that critical circumstances 
exist with respect to imports of the merchandise under consideration 
from SI/SPI, Kanzen, and Pantech. Therefore, in accordance with section 
733(e)(2) of the Act, we will direct CBP to suspend liquidation of all 
entries of WSPP from Malaysia from SI/SPI, Kanzen, and

[[Page 812]]

Pantech that are entered, or withdrawn from warehouse, for consumption 
on or after the date 90 days prior to the date of publication of this 
notice in the Federal Register and require a cash deposit for such 
entries as noted below. Since we did not find that critical 
circumstances exist with respect to exporters or producers in the all-
others group, we will instruct CBP to suspend liquidation of all other 
entries of WSPP from Malaysia entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of this notice in the 
Federal Register.
    Pursuant to section 733(d) of the Act and 19 CFR 351.205(d), we 
will instruct CBP to require cash deposits \29\ equal to the weighted-
average dumping margins indicated in the chart above. These suspension 
of liquidation instructions will remain in effect until further notice.
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    \29\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
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International Trade Commission (``ITC'') Notification

    In accordance with section 733(f) of the Act, we will notify the 
ITC of our preliminary affirmative determination of sales at LTFV. 
Because the preliminary determination in this proceeding is 
affirmative, section 735(b)(2) of the Act requires that the ITC make 
its final determination as to whether the domestic industry in the 
United States is materially injured, or threatened with material 
injury, by reason of imports of WSPP from Malaysia before the later of 
120 days after the date of this preliminary determination or 45 days 
after our final determination. Because we are postponing the deadline 
for our final determination to 135 days from the date of the 
publication of this preliminary determination, as discussed above, the 
ITC will make its final determination no later than 45 days after our 
final determination.
    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: December 30, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2014-00038 Filed 1-6-14; 8:45 am]
BILLING CODE 3510-DS-P