[Federal Register Volume 80, Number 154 (Tuesday, August 11, 2015)]
[Notices]
[Pages 48073-48075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19710]


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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 and Preliminary Determination of No Shipments; 2013-2014

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

DATES: Effective Date: August 11, 2015.
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, 2013, 
through October 31, 2014. This review covers six PRC companies.\1\ The 
Department preliminarily finds that five of the six companies under 
review have not demonstrated their eligibility for separate rate 
status, and are part of the PRC-wide entity. The Department 
preliminarily finds that one of the companies under review made no 
shipments of subject merchandise during the POR.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 79 FR 76956 (December 23, 2014) 
(``Initiation Notice''). The companies under review are as follows: 
Hebei Iron & Steel Co., Ltd. (``Hebei Iron''); Hunan Valin Xiangtan 
Iron & Steel Co., Ltd. (``Hunan Valin''); Jiangyin Xingcheng Plastic 
Chemical Co., Ltd. (``Jiangyin Plastic''); Jiangyin Xingcheng 
Special Steel Works Co., Ltd. (``Jiangyin Steel''); Wuyang Iron & 
Steel Co, Ltd. (``Wuyang Iron''); and Xiamen C&D Paper & Pulp Co., 
Ltd. (``Xiamen Paper'').

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 the Preliminary Results of the 
Antidumping Duty Administrative Review of 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 conducted this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (``the Act''). For a 
full discussion of the decisions taken in these preliminary results, 
see the Preliminary Results Decision Memorandum. The Preliminary 
Results Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``ACCESS''). 
ACCESS is available to registered users at http://access.trade.gov and 
is available to all parties in the Central Records Unit, room B8024 of 
the main Department of Commerce building. In addition, a complete 
version of the Preliminary

[[Page 48074]]

Results Decision Memorandum can be accessed directly on the Internet at 
http://enforcement.trade.gov/frn//. The signed Preliminary Results 
Decision Memorandum and the electronic versions of the Preliminary 
Results Decision Memorandum are identical in content.

Separate Rates

    The following companies failed to submit a separate rate 
application or separate rate certification: Hebei Iron; Hunan Valin; 
Jiangyin Plastic; Jiangyin Steel; and Xiamen Paper. Therefore, the 
Department preliminarily determines that these companies have not 
demonstrated their eligibility for separate rate status and are part of 
the PRC-wide entity.\3\ The PRC-wide entity rate is 128.59 percent.
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    \3\ See Initiation Notice, 79 FR 76956, 76957 (``All firms 
listed below that wish to qualify for separate rate status in the 
administrative reviews involving NME countries must complete, as 
appropriate, either a separate rate application or certification . . 
.'').
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Preliminary Determination of No-Shipments

    Wuyang Iron submitted a timely-filed certification that it had no 
exports, sales, or entries of subject merchandise during the POR,\4\ 
and a query of U.S. Customs and Border Protection (``CBP'') data did 
not show any POR entries of Wuyang Iron's subject merchandise.\5\ In 
addition, CBP did not identify any entries of subject merchandise from 
Wuyang Iron during the POR in response to an inquiry from the 
Department asking CBP for such information.\6\ Based on the foregoing, 
the Department preliminarily determines that Wuyang Iron did not have 
any reviewable transactions during the POR. For additional information 
regarding this determination, see the Preliminary Results Decision 
Memorandum.
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    \4\ See Letter from Wuyang Iron to the Department, Re: 
``Administrative Review of Certain Cut-to-Length Carbon Steel Plate 
from China: Wuyang Iron & Steel's No Shipment Letter,'' dated 
January 12, 2015.
    \5\ See Memorandum from Patrick O'Connor, International Trade 
Compliance Analyst, to the File, Re: ``Results of Customs and Border 
Protection Query,'' dated January 9, 2015.
    \6\ See CBP Message Number 5173301 dated June 22, 2015.
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    Consistent with an announced refinement to its assessment practice 
in NME cases, the Department is not rescinding this administrative 
review for Wuyang Iron, but intends to complete the review and issue 
appropriate instructions to CBP based on the final results of the 
review.\7\
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    \7\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and 
the ``Assessment Rates'' section, below.
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Preliminary Results of Review

    The Department preliminarily determines that Hebei Iron; Hunan 
Valin; Jiangyin Plastic; Jiangyin Steel; and Xiamen Paper are not 
eligible for separate rates status. Moreover, the Department 
preliminarily determines that Wuyang Iron did not have reviewable 
transactions during the POR.

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)(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 review 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 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 p.m. Eastern Time, within 30 days after the date of publication of 
this notice.\8\ 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.
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    \8\ See 19 CFR 351.310(c).
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    Unless extended, 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.

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review.\9\ 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 any entries of subject merchandise from Hebei Iron, Hunan 
Valin; Jiangyin Plastic, Jiangyin Steel, and Xiamen Paper, at 128.59 
percent (the PRC-wide rate).
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    \9\ See 19 CFR 351.212(b)(1).
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    Additionally, pursuant to the Department's practice in NME cases, 
if we continue to determine that Wuyang Iron had no shipments of 
subject merchandise, any suspended entries of subject merchandise from 
Wuyang Iron will be liquidated at the PRC-wide rate.\10\
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    \10\ 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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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 Hebei Iron; Hunan Valin; 
Jiangyin Plastic; Jiangyin Steel; and Xiamen Paper, the cash deposit 
rate will be the PRC-wide rate of 128.59 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.

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

[[Page 48075]]

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: August 3, 2015.
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 Methodology
Companies that Have Not Demonstrated Eligibility for Separate Rate 
Status
Preliminary Determination of No Shipments
Allegation of Duty Evasion
Recommendation

[FR Doc. 2015-19710 Filed 8-10-15; 8:45 am]
 BILLING CODE 3510-DS-P