[Federal Register Volume 81, Number 71 (Wednesday, April 13, 2016)]
[Notices]
[Pages 21843-21845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08500]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-947]


Certain Steel Grating From the People's Republic of China: 
Preliminary Results of Antidumping Administrative Review and 
Preliminary Determination of No Shipments; 2014-2015

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

DATES: Effective April 13, 2016.

SUMMARY: The Department of Commerce (``Department'') is conducting an 
administrative review of the antidumping duty order on certain steel 
grating (``steel grating'') from the People's Republic of China 
(``PRC'') for the period of review (``POR'') July 1, 2014, through June 
30, 2015. This review covers two PRC companies.\1\ The Department 
preliminarily finds that Ningbo Haitian has not demonstrated its 
eligibility for separate rate status and is, thus, part of the PRC-wide 
entity. The Department preliminarily finds that Yantai Xinke made no 
shipments of subject merchandise during the POR. Interested parties are 
invited to comment on these preliminary results of review.
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    \1\ The companies under review are Ningbo Haitian International 
Co., Ltd. (``Ningbo Haitian'') and Yantai Xinke Steel Structure Co., 
Ltd. (``Yantai Xinke'').

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[[Page 21844]]


FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, 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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6412.

SUPPLEMENTARY INFORMATION: 

Background

    The Department published the notice of initiation of this 
administrative review on September 2, 2015.\2\ For a complete 
description of the events that followed the initiation of this 
administrative review, see the Preliminary Decision Memorandum,\3\ 
which is dated concurrently with, and hereby adopted by, this notice. 
The Preliminary 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 
in the Central Records Unit, room B8024 of the main Department of 
Commerce building. In addition, a complete version of the Preliminary 
Results Decision Memorandum can be accessed directly on the Internet at 
http://enforcement.trade.gov/frn/index.html. The signed and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.
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    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 80 FR 53106 (September 2, 2015) 
(``Initiation Notice'').
    \3\ See Decision Memorandum for Preliminary Results of 
Antidumping Duty Administrative Review of Certain Steel Grating from 
the People's Republic of China (``Preliminary Decision 
Memorandum''), from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations to Ronald K. 
Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance.
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    The Department has exercised its discretion to toll all 
administrative deadlines due to the recent closure of the Federal 
Government because of Snowstorm ``Jonas.'' Thus, all of the deadlines 
in this segment of the proceeding have been extended by four business 
days. The revised deadline for the preliminary results of review is now 
April 7, 2016.\4\
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    \4\ See Memorandum to the Record from Ron Lorentzen, Acting 
Assistant Secretary for Enforcement & Compliance, regarding 
``Tolling of Administrative Deadlines as a Result of the Government 
Closure during Snowstorm Jonas,'' dated January 27, 2016.
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Scope of the Order

    The products covered by this order are certain steel grating, 
consisting of two or more pieces of steel, including load-bearing 
pieces and cross pieces, joined by any assembly process.\5\ This 
merchandise is currently classified in the Harmonized Tariff Schedule 
of the United States (``HTSUS'') under item number 7308.90.7000. While 
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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    \5\ For the full scope of the order, see Preliminary Decision 
Memorandum at 2-3.
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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 Decision Memorandum.

Separate Rates

    Ningbo Haitian failed to submit a separate rate application or 
separate rate certification. Therefore, the Department preliminarily 
determines that Ningbo Haitian has not demonstrated its eligibility for 
a separate rate status and is part of the PRC-wide entity.\6\ The PRC-
wide entity rate is 145.18 percent.
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    \6\ See Initiation Notice, 80 FR 53106, 53107 (``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. . 
.''); Preliminary Decision Memorandum at 3.
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Preliminary Determination of No Shipments

    Yantai Xinke submitted a timely-filed certification that it had no 
exports, sales, or entries of subject merchandise during the POR.\7\ 
Additionally, our inquiry to U.S. Customs and Border Protection 
(``CBP'') did not identify any POR entries of Yantai Xinke's subject 
merchandise. Based on the foregoing, the Department preliminarily 
determines that Yantai Xinke did not have any reviewable transactions 
during the POR. For additional information regarding this 
determination, see the Preliminary Decision Memorandum.
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    \7\ See Letter from Yantai Xinke to the Department, Re: 
``Certain Steel Grating from the People's Republic of China: A-570-
947; No Shipment Certification,'' dated September 30, 2015.
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    Consistent with our practice in NME cases, the Department is not 
rescinding this administrative review for Yantai Xinke, but intends to 
complete the review and issue appropriate instructions to CBP based on 
the final results of the review.\8\
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    \8\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) 
(``NME AD Assessment'') and the ``Assessment Rates'' section, below.
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Preliminary Results of Review

    The Department preliminarily determines that Ningbo Haitian is not 
eligible for separate rates status. Moreover, the Department 
preliminarily determines that Yantai Xinke 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).\9\ 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).
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    \9\ See also 19 CFR 351.303 (for general filing requirements).
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    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 5:00 p.m. Eastern Time, within 30 days after the date of publication 
of this notice.\10\ 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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    \10\ 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.

[[Page 21845]]

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.\11\ 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 Ningbo Haitian at 
145.18 percent (the PRC-wide rate).
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    \11\ 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 Yantai Xinke had no shipments of 
subject merchandise, any suspended entries of subject merchandise from 
Yantai Xinke will be liquidated at the PRC-wide rate.\12\
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    \12\ For a full discussion of this practice, see NME AD 
Assessment, 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 Ningbo Haitian, the cash 
deposit rate will be the PRC-wide rate of 145.18 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 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: April 6, 2016.
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
Non-Market Economy Country Status
PRC-wide Entity
Preliminary Determination of No Shipments
Recommendation

[FR Doc. 2016-08500 Filed 4-12-16; 8:45 am]
 BILLING CODE 3510-DS-P