[Federal Register Volume 84, Number 116 (Monday, June 17, 2019)]
[Notices]
[Pages 28009-28011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12727]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-885]
Phosphor Copper From the Republic of Korea: Preliminary Results
of Antidumping Duty Administrative Review; 2016-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
Bongsan Co., Ltd. (Bongsan), the sole producer or exporter subject to
this administrative review, has not made sales of subject merchandise
at less than normal value during the October 14, 2016, through March
31, 2018 period of review (POR). We invite interested parties to
comment on these preliminary results.
DATES: Applicable June 17, 2019.
FOR FURTHER INFORMATION CONTACT: Cindy Robinson, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3797.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the
[[Page 28010]]
antidumping duty order on phosphor copper from Korea.\1\
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\1\ See Phosphor Copper from the Republic of Korea: Antidumping
Duty Order, 82 FR 18893 (April 24, 2017) (Order).
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On December 11, 2018, we postponed the preliminary results of
review of review by 120 days until June 10, 2019.\2\
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\2\ See Memorandum, ``Phosphor Copper from The Republic of
Korea: Extension of Time Limit for Preliminary Results of
Antidumping Duty Administrative Review; 2016/2018,'' dated December
11, 2018.
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Commerce exercised its discretion to toll all deadlines affected by
the partial federal government closure from December 22, 2018, through
the resumption of operations on January 29, 2019.\3\ If the new
deadline falls on a non-business day, in accordance with Commerce's
practice, the deadline will become the next business day. Accordingly,
the revised deadline for the preliminary results is now June 10, 2019.
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\3\ See memorandum to the record from Gary Taverman, Deputy
Assistant Secretary for Antidumping and countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
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Scope of the Order
The merchandise subject to the Order is phosphor copper and is
currently classified in the Harmonized Tariff Schedule of the United
States (HTSUS) under subheading 7405.00.1000. While the HTSUS number is
provided for convenience and customs purposes, the written product
description is dispositive. A full description of the scope of the
Order is contained in the Preliminary Decision Memorandum.\4\
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\4\ See the ``Decision Memorandum for the Preliminary Results of
Antidumping Duty Administrative Review: Phosphor Copper from the
Republic of Korea; 2016-2018,'' dated concurrently and hereby
adopted by this notice (Preliminary Decision Memorandum).
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Methodology
Commerce is conducting this review in accordance with section 751
of the Tariff Act of 1930, as amended (the Act). Export price is
calculated in accordance with section 772 of the Act. Normal value is
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying our preliminary results, see
the Preliminary Decision Memorandum. A list of the topics discussed in
the Preliminary Decision Memorandum is attached as an Appendix to 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 https://access.trade.gov,
and ACCESS is available to all parties in the Central Records Unit,
Room B-8024 of the main Department of Commerce building. In addition, a
complete version of the Preliminary Decision memorandum can be accessed
directly at http://enforcement.trade.gov/frn/index.html.
Preliminary Results of the Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margin for Bongsan for the period
October 14, 2016, through March 31, 2018.
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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Bongsan Co., Ltd........................................... 0.00
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Assessment Rate
Upon issuance of the final results of this review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this review.
If the weighted-average dumping margin for Bongsan is not zero or de
minimis (i.e., less than 0.5 percent), then we will calculate importer-
specific ad valorem antidumping duty assessment rates based on the
ratio of the total amount of dumping calculated for each importer's
examined sales to the total entered value of those same sales in
accordance with 19 CFR 351.212(b)(1).\5\ If the weighted-average
dumping margin for Bongsan is zero or de minimis in the final results,
or an importer-specific assessment rate is zero or de minimis in the
final results, we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties.
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\5\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for
Reviews).
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For entries of subject merchandise during the POR produced by
Bongsan for which it did not know that its merchandise was destined for
the United States, we will instruct CBP to liquidate unreviewed entries
at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction, consistent with the Final
Modification for Reviews.\6\
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\6\ Id. at 8102.
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We intend to issue instructions to CBP 15 days after publication of
the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of phosphor copper from Korea entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results in the Federal Register, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for Bongsan Co.,
Ltd. will be equal to the weighted-average dumping margin established
in the final results of this administrative review; (2) for merchandise
exported by producers or exporters not covered in this administrative
review but covered in a prior segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published in
a completed segment for the most recent period or review; (3) if the
exporter is not a firm covered in this review or the original
investigation, but the producer is, the cash deposit rate will be the
rate established for the most recently completed segment of this
proceeding for the producer of the merchandise; and (4) the cash
deposit rate for all other producers or exporters will continue to be
8.43 percent, the all-others rate established in the investigation.\7\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\7\ See Phosphor Copper from the Republic of Korea: Final
Affirmative Determination of Sales at Less Than Fair Value and
Negative Final Determination of Critical Circumstances, 82 FR 12433
(March 3, 2017).
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Disclosure and Public Comment
We intend to disclose the calculations performed in these
preliminary results to parties in this proceeding within five days of
the date of publication of this notice.\8\
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\8\ See 19 CFR 351.224(b).
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Pursuant to 19 CFR 351.309(c)(ii), interested parties may submit
case briefs not later than 30 days after the date of publication of
this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than five days after the date for filing
case briefs.\9\ Parties who submit case briefs or rebuttal briefs in
this proceeding are encouraged to submit with each argument: (1) A
statement of the issue; (2) a brief summary of the argument;
[[Page 28011]]
and (3) a table of authorities.\10\ All briefs must be filed
electronically using ACCESS. An electronically filed document must be
received successfully in its entirety by the established deadline.
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\9\ See 19 CFR 351.309(d).
\10\ See 19 CFR 351.309(c)(2) and (d)(2); and 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, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, within 30 days after the date of
publication of this notice. 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. 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, 1401 Constitution Avenue
NW, Washington, DC 20230.
We intend to issue the final results of this administrative review,
including the results of our analysis of each of the issues raised in
written briefs, not later than 120 days after the date of publication
of this notice in the Federal Register, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Importers
This notice 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 Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: June 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Methodology
A. Comparisons to Normal Value
B. Date of Sale
C. Product Comparisons
D. Export Price
E. Normal Value
F. Cost of Production Analysis
G. Calculation of Normal Value Based on Comparison Market Prices
H. Currency Conversion
V. Recommendation
[FR Doc. 2019-12727 Filed 6-14-19; 8:45 am]
BILLING CODE 3510-DS-P