[Federal Register Volume 81, Number 48 (Friday, March 11, 2016)]
[Notices]
[Pages 12876-12878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05554]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-835]


Furfuryl Alcohol From the People's Republic of China: Preliminary 
Results of Antidumping Duty Administrative Review; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Commerce.
SUMMARY: The Department of Commerce (``Department'') is conducting an 
administrative review of the antidumping duty order on furfuryl alcohol 
from the People's Republic of China (``PRC''). The period of review 
(``POR'') is June 1, 2014, through May 31, 2015. The review covers one 
exporter of subject merchandise.\1\ The Department preliminarily finds 
that the mandatory respondent, Qingdao WenKem Co., Ltd. (``WenKem''), 
has not demonstrated that it is eligible for a separate rate in this 
segment of the proceeding, and therefore, for the preliminary results, 
we are treating it as part of the PRC-wide entity.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 80 FR 45947 (August 3, 2015) (``Initiation 
Notice'').

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DATES: Effective March 11, 2016.

FOR FURTHER INFORMATION CONTACT: Mandy Mallott, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6430.

SUPPLEMENTARY INFORMATION: 

Background

    On August 3, 2015, the Department initiated the first 
administrative review of the antidumping duty order on furfuryl alcohol 
from the PRC.\2\ On September 8, 2015, the Department issued an 
antidumping questionnaire to WenKem. WenKem submitted an entry of 
appearance on September 30, 2015, and on October 22, 2015, WenKem 
submitted a letter to the Department stating that it did not export 
furfuryl alcohol to the United States during the POR.\3\ However, U.S. 
Customs and

[[Page 12877]]

Border Protection (``CBP'') import data on the record of this 
administrative review indicate that WenKem did have exports of subject 
merchandise to the United States during the POR.\4\ Additionally, 
PennAKem LLC (``Petitoner'') placed publicly available information on 
the record of this administrative review indicating that WenKem 
exported furfuryl alcohol to the United States during the POR.\5\ 
WenKem did not comment on either the CBP import data or the information 
placed on the record by the Petitioner (both of which were on the 
record prior to WenKem's statement that it had no shipments of furfuryl 
alcohol to the United States during the POR).
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    \2\ See Initiation Notice.
    \3\ See letters from WenKem, ``ENTRY OF APPEARANCE A-570-835, 
Administrative Review of the Antidumping Order on Furfuryl Alcohol 
from the People's Republic of China (PRC) for the Period 6/1/2014 
through 5/31/2015,'' dated September 30, 2015, and ``Administrative 
Review of the Antidumping Order on Furfuryl Alcohol from the 
People's Republic of China (PRC) for the Period 6/1/2014 through 5/
31/2015,'' dated October 22, 2015.
    \4\ See letter from the Department, ``2014-2015 Administrative 
Review of the Antidumping Duty Order on Furfuryl Alcohol from the 
People's Republic of China: U.S. Customs and Border Protection 
Import Data, for Use in Respondent Selection,'' dated August 19, 
2015 (``CBP Import Data'').
    \5\ See letter from Petitioner, '' Furfuryl Alcohol from the PRC 
Administrative Review (06.01.14-05.31.15): Evidentiary Submission,'' 
dated October 13, 2015.
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Scope of the Order

    The merchandise covered by this order is furfuryl alcohol 
(C4H3OCH2OH). Furfuryl alcohol is a 
primary alcohol, and is colorless or pale yellow in appearance. It is 
used in the manufacture of resins and as a wetting agent and solvent 
for coating resins, nitrocellulose, cellulose acetate, and other 
soluble dyes. The product subject to this order is classifiable under 
subheading 2932.13.00 \6\ of the Harmonized Tariff Schedule of the 
United States (``HTSUS''). Although the HTSUS subheading is provided 
for convenience and customs purposes, our written description of the 
scope is dispositive.
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    \6\ 29 (``Organic Chemicals''); .32 (``Heterocyclic compounds 
with oxygen hetero-atom(s) only: Compounds containing an unfused 
furan ring (whether or not hydrogenated) in the structure:''); 
.13.00 (``Furfuryl alcohol and tetrahydrofurfuryl alcohol'').
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Nonmarket Economy Country

    The Department considers the PRC to be an nonmarket economy 
(``NME'') country.\7\ In accordance with section 771(18)(C)(i) of the 
Tariff Act of 1930, as amended (``the Act''), any determination that a 
foreign country is an NME country shall remain in effect until revoked 
by the administering authority. Therefore, we continue to treat the PRC 
as an NME country for purposes of these preliminary results.
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    \7\ See, e.g., Certain Kitchen Appliance Shelving and Racks From 
the People's Republic of China: Preliminary Results of the First 
Administrative Review, Preliminary Rescission, in Part, and 
Extension of Time Limits for the Final Results, 76 FR 62765, 62767-
68 (October 11, 2011), unchanged in Certain Kitchen Appliance 
Shelving and Racks From the People's Republic of China: Final 
Results and Partial Rescission of First Antidumping Duty 
Administrative Review, 77 FR 21734 (April 11, 2012).
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Application of Separate Rates in NME Proceedings

    In the Initiation Notice, the Department notified parties of the 
application process by which exporters may obtain separate rate status 
in an NME proceeding.\8\ It is the Department's policy to assign all 
exporters of the merchandise subject to review in NME countries a 
single rate unless an exporter can affirmatively demonstrate an absence 
of government control, both in law (de jure) and in fact (de facto), 
with respect to exports. To establish whether a company is sufficiently 
independent to be entitled to a separate, company-specific rate, the 
Department analyzes each exporting entity in an NME country under the 
test established in Sparklers,\9\ as further developed by Silicon 
Carbide.\10\ However, if the Department determines that a company is 
wholly foreign-owned, then an analysis of the de jure and de facto 
criteria is not necessary to determine whether it is independent from 
government control.\11\
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    \8\ See Initiation Notice.
    \9\ See Final Determination of Sales at Less Than Fair Value: 
Sparklers From the People's Republic of China, 56 FR 20588 (May 6, 
1991) (``Sparklers'').
    \10\ See Notice of Final Determination of Sales at Less Than 
Fair Value: Silicon Carbide From the People's Republic of China, 59 
FR 22585 (May 2, 1994) (``Silicon Carbide'').
    \11\ See, e.g., Final Results of Antidumping Duty Administrative 
Review: Petroleum Wax Candles From the People's Republic of China, 
72 FR 52355, 52356 (September 13, 2007).
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Separate Rates

    Although WenKem reported it had no shipments of furfuryl alcohol to 
the United States during the POR, we received a response from CBP 
contrary to this claim.\12\ Because WenKem did not address evidence 
contrary to its no shipments claim (i.e., that it in fact shipped 
subject merchandise to the United States during the POR), the 
uncontroverted evidence on the record of this segment of the proceeding 
is that this company had shipments of subject merchandise to the United 
States during the POR and, thus, is properly under review. Furthermore, 
WenKem did not submit a separate rate application or certification to 
demonstrate that it was eligible to receive a separate rate. Thus, 
consistent with our practice in NME proceedings discussed above, we are 
treating WenKem as part of the PRC-wide entity for the preliminary 
results of this review. In this regard, we note that our determination 
with respect to WenKem is not the result of adverse facts available.
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    \12\ See CBP Import Data.
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PRC-Wide Entity

    The Department's change in policy regarding conditional review of 
the PRC-wide entity applies to this administrative review.\13\ Under 
this policy, the PRC-wide 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 PRC-wide 
entity in this review, the entity is not under review, and the entity's 
rate is not subject to change (i.e., 45.27 percent).
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    \13\ 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 (November 4, 2013).
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Preliminary Results of Review

    The Department preliminarily determines that Qingdao WenKem Co., 
Ltd. is part of the PRC-wide entity and that the following weighted-
average dumping margin applies for the period June 1, 2014, through May 
31, 2015:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                          dumping margin
                                                             (percent)
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PRC-Wide Entity.........................................           45.27
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Public Comment and Opportunity To Request a Hearing

    Interested parties may submit case briefs within 30 days after the 
date of publication of these preliminary results of review in the 
Federal Register.\14\ Rebuttals to case briefs, which must be limited 
to issues raised in the case briefs, must be filed within five days 
after the time limit for filing case briefs.\15\ Parties who submit 
arguments are requested to submit with the argument (a) a statement of 
the issue, (b) a brief summary of the argument, and (c) a table of 
authorities.\16\ Parties submitting briefs should do so pursuant to the 
Department's electronic filing system, ACCESS.\17\
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    \14\ See 19 CFR 351.309(c)(1)(ii).
    \15\ See 19 CFR 351.309(d)(1)-(2).
    \16\ See 19 CFR 351.309(c)(2), (d)(2).
    \17\ See 19 CFR 351.303 (for general filing requirements).
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    Any interested party may request a hearing within 30 days of 
publication of

[[Page 12878]]

this notice.\18\ Hearing requests should contain the following 
information: (1) The party's name, address, and telephone number; (2) 
the number of participants; and (3) a list of the issues to be 
discussed. Oral presentations will be limited to issues raised in the 
briefs. If a request for a hearing is made, parties will be notified of 
the time and date for the hearing to be held at the U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230.\19\
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    \18\ See 19 CFR 351.310(c).
    \19\ See 19 CFR 351.310(d).
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    The Department intends to issue the final results of this 
administrative review, which will include the results of our analysis 
of all issues raised in the case briefs, within 120 days of publication 
of these preliminary results in the Federal Register, 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. The Department intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review.

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, as 
provided for by section 751(a)(2)(C) of the Act: (1) As described 
above, we preliminarily determine that WenKem is not eligible for a 
separate rate, and therefore, as part of the PRC-wide entity, its 
exports to the U.S. are subject to the PRC-wide rate of 45.27 percent; 
(2) for previously investigated or reviewed PRC and non-PRC exporters 
who are not under review in this segment of the proceeding but who have 
separate rates, the cash deposit rate will continue to be the exporter-
specific rate published for the most recent period; (3) 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 the PRC-wide 
rate of 45.27 percent; and (4) 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 off antidumping duties prior to liquidation 
of the relevant entries during this 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 administrative review and notice are in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213.

     Dated: March 7, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-05554 Filed 3-10-16; 8:45 am]
 BILLING CODE 3510-DS-P