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Notice

Helical Spring Lock Washers From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2012-2013

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Information about this document as published in the Federal Register.

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AGENCY:

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

SUMMARY:

The Department of Commerce (Department) is conducting an administrative review of the antidumping duty order on certain helical spring lock washers (HSLW) from the People's Republic of China (PRC). The period of review (POR) is October 1, 2012, through September 30, 2013. This review covers three exporters of subject merchandise, Jiangsu RC Import & Export Co., Ltd. (Jiangsu RC), Suzhou Guoxin Group Wang Shun Imp. and Exp. Co., Ltd. (Guoxin), and Winnsen Industry Co., Ltd. (Winnsen).

We preliminarily determine that Jiangsu RC made sales of subject merchandise to the United States at prices below normal value (NV). Guoxin ceased participating in this review, and, thus, we preliminarily determine it is not eligible for a separate rate and it remains part of the PRC-wide entity. In addition, we are not rescinding the review with respect to Winnsen (see “Intent Not to Rescind in Part,” infra). Interested parties are invited to comment on these preliminary results.

DATES:

Effective Date: November 7, 2014.

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FOR FURTHER INFORMATION CONTACT:

Mary Kolberg or Sergio Balbontin, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, Department of Start Printed Page 66357Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1785 or (202) 482-6478, respectively.

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SUPPLEMENTARY INFORMATION:

Scope of the Order

The merchandise subject to the order is HSLWs. The product is currently classified under subheading 7318.21.0000, 7318.21.0030, and 7318.21.0090 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are 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, dated concurrently with and hereby adopted by this notice.[1]

Intent Not To Rescind Review in Part

We received a timely request for withdrawal of the administrative review request for Winnsen, and there is no other review request outstanding for that company. For a company named in the initiation notice for which a review request has been withdrawn (in this case, Winnsen), but which has not previously received separate rate status, the Department's practice is to refrain from rescinding the review with respect to that company at the preliminary results. While Winnsen's request for review was timely withdrawn, Winnsen remains part of the PRC-wide entity, which is under review.

Preliminary Determination To Deny Guoxin a Separate Rate

Taicang Zhongbo Railway Fastening Co., Ltd. (Zhongbo), the manufacturer of subject merchandise exported by Guoxin, informed the Department that Guoxin was no longer participating in this administrative review. Accordingly, we preliminarily determine that Guoxin is not entitled to a separate rate as the Department cannot verify any of the information submitted on the record.

Methodology

The Department is conducting this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (Act). For a full description of the methodology underlying our conclusions, please see the Preliminary Decision Memorandum. 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 (IA ACCESS). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/​frn/​. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content.

Preliminary Results of Review

The Department preliminarily determines that the following weighted-average dumping margin exists:

ExporterWeighted-average dumping margin
Jiangsu RC Import & Export Co., Ltd135.51
PRC-Wide Rate128.63

Disclosure and Public Comment

The Department intends to disclose to parties to this proceeding the calculations performed in reaching the preliminary results within five days of the date of publication of these preliminary results.[2] Interested parties may submit case briefs no later than 30 days after the date of publication of the preliminary results.[3] Rebuttals to case briefs may be filed no later than five days after the deadline for filing case briefs and all rebuttal comments must be limited to comments raised in the case briefs.[4] 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; and (3) a table of authorities.[5] Case and rebuttal briefs must be filed electronically via IA ACCESS.[6]

Any interested party may request a hearing within 30 days of publication of this notice.[7] 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.[8]

The Department intends to issue the final results of this administrative review, including the results of its analysis of issues raised in any briefs, within 120 days of publication of these preliminary results, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

Upon issuing the final results of review, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.[9] The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of the final results of review.

For individually examined respondents whose weighted-average dumping margin is above de minimis (i.e., 0.50 percent) in the final results of this review, we will calculate importer-specific (or customer-specific) ad valorem (or per-unit) assessment rates on the basis of the ratio of the total amount of dumping calculated for the importer's examined sales and the total entered value (or quantity) of those sales in accordance with 19 CFR 351.212(b)(1). Specifically, the Department will apply the assessment rate calculation method adopted in Final Modification for Reviews.[10] Where an importer- (or customer-) specific ad valorem rate is zero or de minimis, we will instruct CBP to liquidate appropriate entries without regard to antidumping duties.[11]

On October 24, 2011, the Department announced a refinement to its assessment practice in NME cases.[12] Pursuant to this refinement in practice, for entries that were not reported in the U.S. sales databases submitted by companies individually examined during this review, the Department will Start Printed Page 66358instruct CBP to liquidate such entries at the PRC-wide rate. In addition, if the Department determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter's case number (i.e., at that exporter's rate) will be liquidated at the PRC-wide rate.[13]

Cash Deposit Requirements

The following cash deposit requirements will be effective upon publication of the final results of this administrative review for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by sections 751(a)(2)(C) of the Act: (1) The cash deposit rate for Jiangsu RC, which has a separate rate, will be that established in the final results of this review (except, if the rate is zero or de minimis, then zero cash deposit will be required); (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (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 that for the PRC-wide entity (128.63 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 that supplied that non-PRC exporter. These cash 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 351.221(b)(4).

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Dated: October 31, 2014.

Ronald K. Lorentzen,

Acting Assistant Secretary for Enforcement and Compliance.

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Appendix I—List of Topics Discussed in the Preliminary Decision Memorandum

1. Background

2. Scope of the Order

3. Intent Not To Rescind Review in Part

4. Discussion of the Methodology

a. Non-Market Economy Country

b. Separate Rates

c. Surrogate Country

5. Use of Facts Available

6. Fair Value Comparisons

a. Determination of Comparison Method

b. Results of the Differential Pricing Analysis

c. U.S. Price

d. Normal Value

e. Factor Valuations

7. Currency Conversion

8. Recommendation

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Footnotes

1.  See 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 Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission: Helical Spring Lock Washers from the People's Republic of China; 2012-2013,” dated concurrently with and hereby adopted by this notice (Preliminary Decision Memorandum).

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5.  See 19 CFR 351.309(c)(2) and (d)(2).

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10.  See Antidumping Proceeding: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8103 (February 14, 2012) (Final Modification for Reviews).

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12.  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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[FR Doc. 2014-26542 Filed 11-6-14; 8:45 am]

BILLING CODE 3510-DS-P