[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Notices]
[Pages 53412-53414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19250]


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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, Preliminary Determination of No Shipments, in Part, and Partial 
Rescission; 2014-2015

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

DATES: Effective August 12, 2016.

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'') covering the period of review (``POR'') November 1, 
2014, through October 31, 2015. We preliminarily find that of the two 
companies under review, one made no shipments of subject merchandise 
during the POR and the other company has not demonstrated its 
eligibility for separate rate status, and, thus, is part of the PRC-
wide entity. Interested parties are invited to comment on these 
preliminary results.

FOR FURTHER INFORMATION CONTACT: Jonathan Hill, 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-
3518.

SUPPLEMENTARY INFORMATION:

Background

    After initiating this review,\1\ the Department issued an 
antidumping duty questionnaire to Hunan Valin Xiangtan Iron and Steel 
Co., Ltd. (``Hunan Valin''), which notified the Department that it 
would not respond to the questionnaire. The other respondent, Wuyang 
Iron & Steel Co., Ltd. (``Wuyang Steel'') reported that it made no 
exports, sales, or entries during the POR. All review requests were 
timely withdrawn for the other 14 companies for which this review was 
initiated. For a complete description of the events that followed the 
initiation of this administrative review, see the Preliminary Decision 
Memorandum hereby adopted by, this notice.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 739 (January 7, 2016) (``Initiation 
Notice'').
    \2\ See the memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance ``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,'' dated 
concurrently with this notice (``Preliminary Decision Memorandum'').
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    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.
    The Department has exercised its discretion to toll all 
administrative deadlines due to the 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 August 5, 
2016.\3\
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    \3\ 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 product covered by the order is certain cut-to-length carbon 
steel plate from the PRC.\4\ 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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    \4\ For a complete description of the scope of the order see 
Preliminary Decision Memorandum.
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Partial Rescission

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an

[[Page 53413]]

administrative review, in whole or in part, if a party that requested 
the review withdraws its request within 90 days of the date of 
publication of the notice of initiation of the requested review. Nucor 
Corporation (``Petitioner''), the only party to request a review of the 
companies listed below, withdrew its request for an administrative 
review of these 14 companies within 90 days of the date of publication 
of Initiation Notice.\5\ Accordingly, the Department is rescinding this 
review, in part, with respect to the following companies, in accordance 
with 19 CFR 351.213(d)(1): \6\
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    \5\ See Letter from Petitioner to the Secretary of Commerce 
``Certain Cut-To-Length Carbon Steel Plate from the People's 
Republic of China: Withdrawal of Request for Administrative 
Review,'' dated April 6, 2016.
    \6\ As stated in Change in Practice in NME Reviews, the 
Department will no longer consider the non-market economy (``NME'') 
entity as an exporter conditionally subject to administrative 
reviews. 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) 
(``Change in Practice in NME Reviews''). The PRC-wide entity is not 
subject to this administrative review because no interested party 
requested a review of the entity. See Initiation Notice.

Fujitrans Corporation
Guangzhou Metals and Minerals Imp. & Exp. Ltd.
Guardian Shanghai
Hong Kong Shengyu Trading Co. Ltd.
Hong Kong Zhong Yuan Industrial Co., Ltd.
Jiangyin Xingcheng Plastic Chemical Co., Ltd.
Jiangyin Xingcheng Special Steel Works Co., Ltd.
Ningbo Jiangdong Trusty Import and Export Co., Ltd.
Shanghai Ruyi Import and Export Co., Ltd.
Shanxi Taigang Stainless Steel Co., Ltd.
Shenzhen Wins Technology Co., Ltd.
UBI Logistics China Limited
Wuxi Philloy Machinery Co., Ltd.
Xiamen C&D Paper & Pulp Co., Ltd.

Methodology

    The Department is conducting 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.

Preliminary Results of Review

    As noted above, Hunan Valin did not respond to the Department's 
antidumping duty questionnaire. Therefore, the Department preliminarily 
determines that Hunan Valin has not demonstrated its eligibility for 
separate rate status and is part of the PRC-wide entity.\7\ The PRC-
wide entity rate is 128.59 percent.\8\
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    \7\ See Preliminary Decision Memorandum.
    \8\ See Final Determination of Sales at Less Than Fair Value: 
Certain Cut-to-Length Carbon Steel Plate From the People's Republic 
of China, 62 FR 61964 (November 20, 1997). Because no party 
requested a review of the PRC-wide entity in this segment of the 
proceeding, the entity's rate is not subject to change. See Change 
in Practice in NME Reviews.
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Preliminary Determination of No Shipments

    Wuyang Steel submitted a timely-filed certification that it had no 
exports, sales, or entries of subject merchandise during the POR.\9\ A 
query of U.S. Customs and Border Protection (``CBP'') data did not show 
any POR entries of subject merchandise from Wuyang Steel.\10\ In 
addition, CBP did not identify any entries of subject merchandise from 
Wuyang Steel during the POR in response to an inquiry from the 
Department asking CBP for such information.\11\ Based on the foregoing, 
the Department preliminarily determines that Wuyang Steel did not have 
any reviewable transactions during the POR. For additional information 
regarding this determination, see the Preliminary Decision Memorandum.
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    \9\ See Letter from Wuyang Steel to the Secretary of Commerce 
``Administrative Review of Certain Cut-to-Length Carbon Steel Plate 
from China: Wuyang Iron & Steel's No Shipment Certification,'' dated 
January 15, 2016.
    \10\ See letter from Howard Smith, Program Manager, AD/CVD 
Operations, Office IV, Enforcement & Compliance to interested 
parties dated January 21, 2016.
    \11\ See CBP Message Number 6155301 dated June 3, 2016.
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    Consistent with its practice in NME cases, the Department is not 
rescinding this administrative review for Wuyang Steel, but intends to 
complete the review and issue appropriate instructions to CBP based on 
the final results of the review.

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 5:00 p.m. Eastern Time, within 30 days after the date of publication 
of this notice.\12\ 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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    \12\ 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 of this review, the Department 
will determine, and CBP shall assess, antidumping duties on all 
appropriate entries covered by this review.\13\ 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 Hunan 
Valin at 128.59 percent (the PRC-wide rate). Additionally, pursuant to 
the Department's practice in NME cases, if we continue to determine 
that Wuyang Steel had no shipments of subject merchandise, any 
suspended entries of subject merchandise during the POR from Wuyang 
Steel will be liquidated at the PRC-wide rate.\14\
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    \13\ See 19 CFR 351.212(b)(1).
    \14\ 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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    For companies for which the review has been rescinded, the 
Department will instruct CBP to assess antidumping duties on entries of 
subject merchandise at rates equal to the cash deposit of estimated 
antidumping duties required at the time of entry, or withdrawal from

[[Page 53414]]

warehouse, for consumption, in accordance with 19 CFR 351.212(c)(l)(i).

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 granted 
a separate rate, including Hunan Valin, 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 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(d)(4) 
and 351.221(b)(4).

    Dated: August 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Sections in the Preliminary Decision Memorandum

Summary
Background
Scope of the Order
Partial Rescission
Discussion of the Methodology
    Non-Market Economy Country Status
    Separate Rates
    Preliminary Determination of No Shipments
    Allegation of Duty Evasion
Recommendation

[FR Doc. 2016-19250 Filed 8-11-16; 8:45 am]
BILLING CODE 3510-DS-P