72166 Federal Register / Vol. 79, No. 234 / Friday, December 5, 2014 / Notices 

6 Id. 

7See Albemarle Corp. v. United States, 931 F. 

Supp. 2d 1280 (CIT 2013). The Court reserved 

judgment on the dumping margin assigned to 

Huahui, which was different from the margin that 

the Department assigned to Shanxi DMD, Ningxia 

Guanghua, and Beijing Pacific. Id. It explained that 

the Department could, but was not required to, 

reconsider Huahui’s margin on remand. Id. 

8See Remand at 3–8. 

9 Id. at 10. 

10 Id. 

11 Id. at 10–13. The Department did not change 

the dumping margin assigned to Huahui. Id. at 22. 

12 Id. at 13–15. 

13See Albemarle Corp. et al. v. United States, 

Consol. Court No. 11–00451 (CIT November 24, 

2014). 

14This dumping margin also applies to Beijing 

Pacific. See supra note 3. 

15See Certain Activated Carbon From the 

People’s Republic of China: Final Results of 

Antidumping Duty Administrative Review; 2012– 

2013, 79 FR 70163, 70165 (November 25, 2014). 

16 Id. 

Background 

On October 31, 2011, the Department 

issued AR3 Final Results.6 Cherishmet 

and Shanxi DMD, exporters of subject 

merchandise, timely filed complaints 

with the Court. Albemarle Corporation 

(‘‘Albemarle’’), a U.S. importer of 

subject merchandise, and Ningxia 

Huahui Activated Carbon Co., Ltd. 

(‘‘Huahui’’), an exporter of subject 

merchandise, also timely filed a 

complaint with the Court. Together, 

these parties challenged four aspects of 

the Department’s final results: (1) The 

surrogate value for Calgon Tianjin’s 

carbonized material; (2) the surrogate 

values for Calgon Tianjin’s coal and fine 

by-products; (3) the dumping margins 

assigned to Huahui, Shanxi DMD, 

Ningxia Guanghua, and Beijing Pacific, 

which were not selected for individual 

examination in the review; and (4) the 

use of a per-unit assessment rate for 

Shanxi DMD’s entries. On August 15, 

2013, the Court remanded the 

Department’s AR3 Final Results and 

instructed the Department to reconsider 

each of these issues.7

On January 9, 2014, the Department 

filed the Remand with the Court. First, 

the Department continued to calculate 

Calgon Tianjin’s surrogate value for 

carbonized material with the same data 

that it used in AR3 Final Results.8

Second, the Department recalculated 

Calgon Tianjin’s surrogate values for 

coal and fine by-products by capping 

those values at the value assigned to 

their main input, carbonized material.9

The Department’s recalculation of the 

by-products surrogate values continued 

to yield a de minimis weighted-average 

dumping margin for Calgon Tianjin.10

Third, and under protest, the 

Department averaged the zero and de 

minimis rates calculated for the two 

mandatory respondents in this 

administrative review (i.e., Jacobi 

Carbons AB and Calgon Tianjin) and 

assigned the resulting zero dumping 

margin to Ningxia Guanghua, Beijing 

Pacific, and Shanxi DMD.11 Finally, the 

Department determined that the issue 

concerning the use of a per-unit 

assessment rate for Shanxi DMD’s 

entries was moot, given that the 

Department assigned Shanxi DMD a 

dumping margin of zero.12 On 

November 24, 2014, the Court entered 

judgment sustaining the Remand.13

Timken Notice 

In its decision in Timken, 893 F.2d at 

341, as clarified by Diamond Sawblades, 

the CAFC held that, pursuant to section 

516A(e) of the Tariff Act of 1930, as 

amended (‘‘the Act’’), the Department 

must publish a notice of a court 

decision that is not ‘‘in harmony’’ with 

a Department determination and must 

suspend liquidation of entries pending 

a ‘‘conclusive’’ court decision. The 

Court’s November 24, 2014, judgment 

sustaining the Remand constitutes a 

final decision of the Court that is not in 

harmony with the Department’s AR3 

Final Results. This notice is published 

in fulfillment of the publication 

requirement of Timken. 

Amended Final Results 

Because there is now a final court 

decision, the Department amends AR3 

Final Results with respect to Cherishmet 

and Shanxi DMD. The revised weightedaverage dumping margins for these 

exporters during the period April 1, 

2009, through March 31, 2010, follow: 

Exporter name 

Weighted average 

dumping margin 

(dollars per 

kilogram) 

Ningxia Guanghua 

Cherishmet Activated 

Carbon Co., Ltd 14 ..... 0.00 

Shanxi DMD Corporation ............................ 0.00 

Accordingly, the Department will 

continue the suspension of liquidation 

of the subject merchandise pending the 

expiration of the period of appeal or, if 

appealed, pending a final and 

conclusive court decision. In the event 

the Court’s ruling is not appealed or, if 

appealed, upheld by the CAFC, the 

Department will instruct U.S. Customs 

and Border Protection to assess 

antidumping duties on unliquidated 

entries of subject merchandise exported 

by Cherishmet and Shanxi DMD using 

the assessment rate calculated by the 

Department in the Remand and listed 

above. 

Cash Deposit Requirements 

The cash deposit rate for Cherishmet 

will remain the respondent-specific rate 

established for the subsequent and 

most-recent period during which the 

respondent was reviewed, which is 

$0.04 per kilogram.15 The cash deposit 

rate for the PRC-wide rate, which now 

includes Shanxi DMD, will remain the 

PRC-wide entity rate established for the 

subsequent and most-recent period 

during which the PRC-wide entity was 

reviewed, which is 2.42 U.S. dollars per 

kilogram.16

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 516A(e), 

751(a)(1), and 777(i)(1) of the Act. 

Dated: December 1, 2014. 

Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2014–28577 Filed 12–4–14; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–924] 

Polyethylene Terephthalate Film, 

Sheet, and Strip From the People’s 

Republic of China: Preliminary Results 

of Antidumping Duty Administrative 

Review, Preliminary Determination of 

No Shipments and Partial Rescission 

of Review; 2012–2013 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(‘‘the Department’’) is conducting an 

administrative review of the 

antidumping duty order on 

polyethylene terephthalate film, sheet, 

and strip (‘‘PET film’’) from the People’s 

Republic of China (‘‘PRC’’). The period 

of review (‘‘POR’’) is November 1, 2012, 

through October 31, 2013. The 

Department initiated the review with 

respect to five companies. We 

preliminarily find that two of the 

mandatory respondents, Shaoxing 

Xiangyu Green Packing Co., Ltd. and 

Tianjin Wanhua Co., Ltd. made sales of 

subject merchandise at less than normal 

value (‘‘NV’’). We are rescinding the 

review with respect to Huangshi 

Yucheng Trade Co. Ltd. (‘‘Yucheng’’). 

Further, we preliminarily find that 


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Federal Register / Vol. 79, No. 234 / Friday, December 5, 2014 / Notices 72167 

1For a complete description of the scope of the 

order, see ‘‘Decision Memorandum for the 

Preliminary Results of 2012–2013 Antidumping 

Duty Administrative Review of Polyethylene 

Terephthalate Film, Sheet, and Strip From the 

People’s Republic of China’’ from Christian Marsh, 

Deputy Assistant Secretary for Antidumping and 

Countervailing Duty Operations to Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance, dated concurrently with this notice 

(‘‘Preliminary Decision Memorandum’’). 

2 ‘‘On November 24, 2014, Enforcement and 

Compliance changed the name of Enforcement and 

Compliance’s AD and CVD Centralized Electronic 

Service System (‘‘IA Access’’) to AD and CVD 

Centralized Electronic Service System (‘‘Access’’). 

The Web site location was changed from http://

iaaccess.trade.gov to http://access.trade.gov. The 

Final Rule changing the references to the 

Regulations can be found at 79 FR 69046 

(November 20, 2014.’’ 

3See 19 CFR 351.309(c). 

4See 19 CFR 351.309(d). 

5See 19 CFR 351.310(c). 

6See 19 CFR 351.310(d). 

7See, generally, 19 CFR 351.303. 

8See Antidumping and Countervailing Duty 

Proceedings: Electronic Filing Procedures; 

Administrative Protective Order Procedures, 76 FR 

39263 (July 6, 2011). 

Fuwei Films (Shandong) Co., Ltd. 

(‘‘Fuwei Films’’) and Sichuan Dongfang 

Insulating Material Co., Ltd., 

(‘‘Dongfang’’), did not have any 

reviewable transactions during the POR. 

Interested parties are invited to 

comment on these preliminary results. 

DATES: Effective Date: December 5, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Jonathan Hill or Thomas Martin, AD/

CVD Operations, Office IV, Enforcement 

& Compliance, International Trade 

Administration, Department of 

Commerce, 14th Street and Constitution 

Avenue NW., Washington, DC 20230; 

telephone: (202) 482–3518 or (202) 482– 

3936, respectively. 

SUPPLEMENTARY INFORMATION: 

Scope of the Order 

The products covered by the order are 

all gauges of raw, pre-treated, or primed 

PET film, whether extruded or coextruded.1 PET film is classifiable under 

subheading 3920.62.00.90 of the 

Harmonized Tariff Schedule of the 

United States (‘‘HTSUS’’). Although the 

HTSUS subheadings are provided for 

convenience and customs purposes, our 

written description of the scope of the 

order is dispositive. 

Preliminary Determination of No 

Shipments 

Based on our analysis of U.S. Customs 

and Border Protection (‘‘CBP’’) 

information and information provided 

by Fuwei Films and Dongfang, we 

preliminarily determine that Fuwei 

Films and Dongfang did not have any 

reviewable transactions during the POR. 

For additional information regarding 

this determination, see the Preliminary 

Decision Memorandum. 

Partial Rescission 

On December 2, 2013, Now Plastics 

Inc. (‘‘Now Plastics’’) requested an 

administrative review of subject 

merchandise exported by Yucheng. 

Subsequently, on February 12, 2014, 

Now Plastics timely withdrew its 

request for an administrative review of 

Yucheng’s exports. No other parties 

requested a review of Yucheng. The 

Department, pursuant to 19 CFR 

351.213 (d)(1), is therefore rescinding 

this administrative review with respect 

to Yucheng. 

Methodology 

The Department conducted this 

review in accordance with section 

751(a)(1)(A) of the Tariff Act of 1930, as 

amended (‘‘the Act’’). We calculated 

export prices in accordance with section 

772 of the Act. Because the PRC is a 

non-market economy (‘‘NME’’) within 

the meaning of section 771(18) of the 

Act, we calculated NV in accordance 

with section 773(c) of the Act. 

For a full description of the 

methodology underlying our 

conclusions, see the Preliminary 

Decision Memorandum, which is 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’’).2 ACCESS is available to 

registered users at http://

access.trade.gov. The Preliminary 

Decision Memorandum is also available 

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 

at http://enforcement.trade.gov/frn/

index.html. The signed Preliminary 

Decision Memorandum and the 

electronic version of the Preliminary 

Decision Memorandum are identical in 

content. 

Preliminary Results of Review 

The Department preliminarily 

determines that the following weightedaverage dumping margins exist for the 

POR: 

Exporter 

Weighted-average 

dumping margin 

(percent) 

Shaoxing Xiangyu 

Green Packing Co., 

Ltd ............................. 35.10 

Tianjin Wanhua Co., Ltd 67.69 

Disclosure and Public Comment 

The Department intends to disclose 

calculations performed for these 

preliminary results to the parties within 

five days of the date of publication of 

this notice in accordance with 19 CFR 

351.224(b). Interested parties may 

submit case briefs no later than 30 days 

after the date of publication of these 

preliminary results of review.3 Rebuttal 

briefs may be filed no later than five 

days after case briefs are filed and may 

respond only to arguments raised in the 

case briefs.4 A table of contents, list of 

authorities used and an executive 

summary of issues should accompany 

any briefs submitted to the Department. 

This summary should be limited to five 

pages total, including footnotes. 

Interested parties who wish to request 

a hearing must submit a written request 

to the Assistant Secretary for 

Enforcement & Compliance, U.S. 

Department of Commerce, within 30 

days after the date of publication of this 

notice.5 Requests should contain the 

party’s name, address, and telephone 

number, the number of participants, and 

a list of the issues to be discussed. Oral 

argument presentations will be limited 

to issues raised in the briefs. If a request 

for a hearing is made, the Department 

intends to hold the hearing at the U.S. 

Department of Commerce, 14th Street 

and Constitution Avenue NW., 

Washington, DC 20230, at a date and 

time to be determined.6 Parties should 

confirm by telephone the date, time, and 

location of the hearing two days before 

the scheduled date. 

All submissions, with limited 

exceptions, must be filed electronically 

using ACCESS.7 An electronically filed 

document must be received successfully 

in its entirety by the Department’s 

electronic records system, ACCESS, by 

5 p.m. Eastern Time (‘‘ET’’) on the due 

date. Documents excepted from the 

electronic submission requirements 

must be filed manually (i.e., in paper 

form) with the APO/Dockets Unit in 

Room 1870 and stamped with the date 

and time of receipt by 5 p.m. ET on the 

due date.8

The Department intends to issue the 

final results of this administrative 

review, which will include 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 issuance of the final results of 

this review, the Department will 

determine, and CBP shall assess, 

antidumping duties on all appropriate 


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9See 19 CFR 351.212(b)(1). 10See Non-Market Economy Antidumping 

Proceedings: Assessment of Antidumping Duties, 76 

FR 65694 (October 24, 2011), for a full discussion 

of this practice. 

1See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews and 

Request for Revocation in Part, 78 FR 79392 

(December 30, 2013). 

entries covered by this review.9 The 

Department intends to issue assessment 

instructions to CBP 15 days after the 

publication date of the final results of 

this review. Where either a respondent’s 

weighted-average dumping margin is 

zero or de minimis, or an importerspecific assessment rate is zero or de 

minimis, we will instruct CBP to 

liquidate the appropriate entries 

without regard to antidumping duties. 

For any individually examined 

respondent and its importer(s) where 

neither of those situations is the case, in 

the final results of this review we will 

calculate an importer-specific per-unit 

assessment rate by dividing the total 

dumping margins for reviewed sales to 

the importer by the total sales quantity 

associated with those sales. 

On October 24, 2011, the Department 

announced a refinement to its 

assessment practice in NME 

antidumping duty cases.10 Pursuant to 

this refinement in practice, for 

merchandise that was not reported in 

the U.S. sales databases submitted by an 

exporter individually examined during 

this review, but that entered under the 

case number of that exporter (i.e., at the 

individually-examined exporter’s cash 

deposit rate), the Department will 

instruct CBP to liquidate such entries at 

the PRC-wide rate. Additionally, 

pursuant to this refinement, 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 will be 

liquidated at the PRC-wide rate. 

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) For 

the exporters listed above, the cash 

deposit rate will be equal to the 

weighted-average dumping margin 

established in the final results of this 

review (except, if the rate is zero or de 

minimis, then the cash deposit rate will 

be zero for that exporter); (2) for 

previously investigated or reviewed PRC 

and non-PRC exporters not listed above 

that have separate rates, the cash 

deposit rate will continue to be the 

exporter-specific rate published for the 

most recently completed segment of this 

proceeding; (3) for all PRC exporters of 

subject merchandise which have not 

been found to be entitled to a separate 

rate, the cash deposit rate will be the 

rate for the PRC-wide entity, 76.72 

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 

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: November 28, 2014. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

Appendix—List of Topics Discussed in 

the Preliminary Decision Memorandum 

1. Summary 

2. Background 

3. Scope of the Order 

4. Preliminary Determination of No 

Shipments 

5. Selection of Respondents 

6. Non-Market Economy Country 

7. Separate Rate 

8. Surrogate Country 

9. Date of Sale 

10. Fair Value Comparisons 

11. U.S. Price 

12. Normal Value 

[FR Doc. 2014–28579 Filed 12–4–14; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–580–809] 

Circular Welded Non-Alloy Steel Pipe 

From the Republic of Korea: 

Preliminary Results and Partial 

Rescission of Antidumping Duty 

Administrative Review; 2012–2013 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) is conducting an 

administrative review of the 

antidumping duty order on circular 

welded non-alloy steel pipe (CWP) from 

the Republic of Korea (Korea).1 The 

period of review (POR) is November 1, 

2012, through October 31, 2013. This 

review covers eight producers or 

exporters of the subject merchandise, 

Husteel Co., Ltd. (Husteel), Hyundai 

HYSCO (HYSCO), Dongbu Steel Co., 

Ltd., SeAH Steel Corporation, A-JU 

Besteel Co., Ltd., Kumkang Industrial 

Co., Ltd., Nexteel Co., Ltd., and Union 

Steel Co., Ltd. We preliminarily find 

that Husteel and HYSCO have made 

sales of the subject merchandise at 

prices below normal value. We are 

rescinding this review for the remaining 

six producers or exporters. Interested 

parties are invited to comment on these 

preliminary results. 

DATES: Effective Date: December 5, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Meek or Joseph Shuler, AD/

CVD Operations, Office I, Enforcement 

and Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW., Washington DC 20230; 

telephone (202) 482–2778 or (202) 482– 

1293, respectively. 

Scope of the Order 

The merchandise subject to the order 

is circular welded non-alloy steel pipe 

and tube. The product is currently 

classifiable under the following 

Harmonized Tariff Schedule of the 

United States (HTSUS) numbers: 

7306.30.1000, 7306.30.5025, 

7306.30.5032, 7306.30.5040, 

7306.30.5055, 7306.30.5085, and 

7306.30.5090. Although the HTSUS 

numbers are provided for convenience 

and customs purposes, the written 


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