53-Foot Domestic Dry Containers From the People's Republic of China: Initiation of Antidumping Duty Investigation |
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Ronald K. Lorentzen
Department of Commerce
May 19, 2014
[Federal Register Volume 79, Number 96 (Monday, May 19, 2014)]
[Notices]
[Pages 28674-28679]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11519]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-014]
53-Foot Domestic Dry Containers From the People's Republic of
China: Initiation of Antidumping Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective Date: May 19, 2014.
FOR FURTHER INFORMATION CONTACT: John Drury and Brian Davis, Office VI,
AD/CVD Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0195 and (202) 482-7924, respectively.
SUPPLEMENTARY INFORMATION:
The Petition
On April 23, 2014, the Department of Commerce (Department) received
an antidumping duty (AD) petition concerning imports of 53-foot
domestic dry containers (domestic dry containers) from the People's
Republic of China (PRC), officially filed in proper form on behalf of a
U.S. producer of domestic dry containers, Stoughton Trailers, LLC
(Petitioner).\1\ The AD Petition was accompanied by a countervailing
duty (CVD) petition concerning imports of domestic dry containers from
the PRC. On April 25, 2014, and May 6, 2014, the Department requested
additional information and clarification of certain areas of the
Petition, and on April 30, 2014, and May 8, 2014, respectively,
Petitioner filed responses to these requests.\2\
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\1\ See ``Petition for the Imposition of Antidumping Duties on
Imports of 53-Foot Domestic Dry Containers from the People's
Republic of China,'' dated April 23, 2014 (hereafter referred to as
the ``Petition'').
\2\ See Petitioner's, filing titled, ``Response to Department of
Commerce Supplemental Questions, Volume II: Sales at Less Than
Normal Value,'' dated April 30, 2014 (AD Supplement); see also
``Response to Department of Commerce Supplemental Questions, Volume
I: General Issues,'' dated April 30, 2014 (General Issues
Supplement); and ``Petition for the Imposition of Antidumping and
Countervailing Duties, Supplemental Submission, Petition Volume II:
53-Foot Domestic Dry Containers from the People's Republic of
China'', dated May 8, 2014 (AD Supplement 2).
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In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), Petitioner alleges that imports of domestic dry
containers from the PRC are being, or are likely to be, sold in the
United States at less than fair value within the meaning of section 731
of the Act, and that such imports materially retard the establishment
of an industry in the United States, or in the alternative, that the
U.S. industry is materially injured or threatened with material injury
by reason of such imports. Also, consistent with section 732(b)(1) of
the Act, the Petition is accompanied by information reasonably
available to Petitioner in support of its allegations.
The Department finds that Petitioner filed the Petition on behalf
of the domestic industry because Petitioner is an interested party as
defined in section 771(9)(C) of the Act, and that Petitioner
demonstrated sufficient industry support with respect to the initiation
of the AD investigation that Petitioner is requesting.\3\
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\3\ See ``Determination of Industry Support for the Petition''
section, below.
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Period of Investigation
The period of investigation (POI) is October 1, 2013, through March
31, 2014.
Scope of the Investigation
The product covered by this investigation is domestic dry
containers from the PRC. For a full description of the scope of the
investigation, please see the ``Scope of the Investigation'' in
Appendix I of this notice.
Comments on the Scope of the Investigation
During our review of the Petition, the Department issued questions
to, and received responses from, Petitioner pertaining to the proposed
scope language in order to ensure that such language is an accurate
reflection of the product for which the domestic industry is seeking
relief.\4\ As discussed in the preamble to the Department's
regulations,\5\ we are setting aside a period for interested parties to
raise issues regarding product coverage. The period of scope comments
is intended to provide the Department with ample opportunity to
consider all comments and to consult with parties prior to the issuance
of the preliminary determination. All comments must be filed by 5:00
p.m. Eastern Daylight Time (EDT) on June 2, 2014, which is twenty
calendar days from the signature date of this notice. Any rebuttal
comments must be filed by 5:00 p.m. EDT on June 9, 2014. All such
comments must be filed on the records of the AD investigation, as well
as the concurrent CVD investigation.
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\4\ See General Issues Supplemental Questions, dated April 25,
2014; see also General Issues Supplement, at 1-2 and Exhibit SG-2.
\5\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997).
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Filing Requirements
All comments and submissions to the Department must be filed
electronically using Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (IA ACCESS).
An electronically filed document must be received successfully in its
entirety by the time and date of the applicable deadline noted above.
Documents excepted from the electronic submission requirements must be
filed
[[Page 28675]]
manually (i.e., in paper form) with Enforcement and Compliance's APO/
Dockets Unit, Room 1870, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230, and stamped with the
date and time of receipt by the applicable deadline.\6\
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\6\ See 19 CFR 351.303(b)(1). See also Antidumping and
Countervailing Duty Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR 39263 (July 6,
2011) for details of the Department's electronic filing
requirements, which went into effect on August 5, 2011. Information
on help using IA ACCESS can be found at https://iaaccess.trade.gov/help.aspx and a handbook can be found at https://iaaccess.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Comments on the Product Characteristics for the AD Questionnaire
The Department requests comments from interested parties regarding
the appropriate physical characteristics of domestic dry containers to
be reported in response to the Department's AD questionnaire. This
information will be used to identify the key physical characteristics
of the subject merchandise in order to report the relevant factors of
production accurately, as well as to develop appropriate product-
comparison criteria.
Interested parties may provide any information or comments that
they believe are relevant to the development of an accurate list of
physical characteristics. Specifically, interested parties may provide
comments as to which characteristics are appropriate to use as: (1)
General product characteristics and (2) product-comparison criteria. We
note that it is not always appropriate to use all product
characteristics as product-comparison criteria. We base product-
comparison criteria on meaningful commercial differences among
products. In other words, while there may be some physical product
characteristics utilized by manufacturers to describe domestic dry
containers, it may be that only a select few product characteristics
take into account commercially meaningful physical characteristics. In
addition, interested parties may comment on the order in which the
physical characteristics should be used in matching products.
Generally, the Department attempts to list the most important physical
characteristics first and the least important characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaire, we must receive comments
on product characteristics no later than June 2, 2014. Rebuttal
comments must be received no later than June 9, 2014. All comments and
submissions to the Department must be filed electronically using IA
ACCESS, as referenced above.
Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, the Department
shall: (i) Poll the industry or rely on other information in order to
determine if there is support for the petition, as required by
subparagraph (A); or (ii) determine industry support using a
statistically valid sampling method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs the Department to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both the Department and
the ITC must apply the same statutory definition regarding the domestic
like product (see section 771(10) of the Act), they do so for different
purposes and pursuant to a separate and distinct authority. In
addition, the Department's determination is subject to limitations of
time and information. Although this may result in different definitions
of the like product, such differences do not render the decision of
either agency contrary to law.\7\
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\7\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petitions).
With regard to the domestic like product, Petitioner does not offer
a definition of the domestic like product distinct from the scope of
the investigation. Based on our analysis of the information submitted
on the record, we determined that domestic dry containers constitute a
single domestic like product and we analyzed industry support in terms
of that domestic like product.\8\
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\8\ For a discussion of the domestic like product analysis in
this case, see Antidumping Duty Investigation Initiation Checklist:
53-Foot Domestic Dry Containers from the People's Republic of China
(AD Initiation Checklist) at Attachment II, Analysis of Industry
Support for the Petitions Covering 53-Foot Domestic Dry Containers
from the People's Republic of China (Attachment II). This checklist
is dated concurrently with this notice and on file electronically
via IA ACCESS. Access to documents filed via IA ACCESS is also
available in the Central Records Unit (CRU), Room 7046 of the main
Department of Commerce building.
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In determining whether Petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in Appendix I of this
notice. To establish industry support, Petitioner provided its own
production of the domestic like product in 2013.\9\ Petitioner states
that there are no other known producers of domestic dry containers in
the United States; therefore, the Petition is supported by 100 percent
of the U.S. industry.\10\
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\9\ See Volume I of the Petition, at 3; see also General Issues
Supplement, at 2.
\10\ See Volume I of the Petition, at 3.
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Our review of the data provided in the Petition and other
information readily available to the Department indicates that
Petitioner has established industry support.\11\ First, the Petition
established support from domestic producers (or workers) accounting for
more than 50 percent of the total production of the domestic like
product and, as such, the Department is not required to take further
action in order to evaluate industry support (e.g., polling).\12\
Second, the domestic producers (or workers) have met the statutory
criteria
[[Page 28676]]
for industry support under section 732(c)(4)(A)(i) of the Act because
the domestic producers (or workers) who support the Petition account
for at least 25 percent of the total production of the domestic like
product.\13\ Finally, the domestic producers (or workers) have met the
statutory criteria for industry support under section 732(c)(4)(A)(ii)
of the Act because the domestic producers (or workers) who support the
Petition account for more than 50 percent of the production of the
domestic like product produced by that portion of the industry
expressing support for, or opposition to, the Petition.\14\
Accordingly, the Department determines that the Petition was filed on
behalf of the domestic industry within the meaning of section 732(b)(1)
of the Act.
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\11\ See AD Initiation Checklist, at Attachment II.
\12\ See section 732(c)(4)(D) of the Act; see also AD Initiation
Checklist, at Attachment II.
\13\ See AD Initiation Checklist, at Attachment II.
\14\ Id.
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The Department finds that Petitioner filed the Petition on behalf
of the domestic industry because it is an interested party as defined
in section 771(9)(C) of the Act and it has demonstrated sufficient
industry support with respect to the AD investigation that it is
requesting the Department initiate.\15\
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\15\ Id.
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Allegations and Evidence of Material Retardation, Material Injury and
Causation
Section 733(a)(1)(B) of the Act states that the ITC ``shall
determine . . . whether there is a reasonable indication that the
establishment of an industry in the United States is materially
retarded by reason of imports of the subject merchandise.'' Petitioner
alleges that imports of subject merchandise sold at less than normal
value (NV) from the PRC have materially retarded the establishment of
the domestic industry producing domestic dry containers. Petitioner
argues that despite its demonstrated substantial commitment to commence
production, U.S. production has not stabilized, and, therefore, the
U.S. industry producing domestic dry containers has not been
established.\16\ To support its argument, Petitioner examines the five
factors \17\ considered by the ITC to determine if an industry is
established,\18\ as set forth in the ITC's AD/CVD Handbook.\19\ If the
ITC determines that an industry is not established, it then considers
whether the performance of the industry reflects normal start-up
difficulties or whether the imports of the subject merchandise have
materially retarded the establishment of the industry.\20\ Petitioner
contends that the domestic industry has performed substantially worse
than what could reasonably be expected during normal start-up
conditions, thereby demonstrating that the establishment of the
domestic industry has been materially retarded by subject imports.\21\
Petitioner also alleges that, in the alternative, the U.S. industry
producing the domestic like product is being materially injured, or is
threatened with material injury, by reason of the imports of the
subject merchandise sold at less than NV. In addition, Petitioner
alleges that subject imports exceed the negligibility threshold
provided for under section 771(24)(A) of the Act.\22\
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\16\ See Volume I of the Petition, at 37-38.
\17\ See Attachment III.
\18\ Id., at 18-20 and 37-38; see also General Issues
Supplement, at 1 and Exhibit SG-1.
\19\ See Antidumping and Countervailing Duty Handbook (13th
Ed.), USITC Pub. 4056 (December 2008) (ITC AD/CVD Handbook), at II-
31.
\20\ Id., at II-31 and II-32.
\21\ See Volume I of the Petition, at 38-39 and Exhibits I-10
and I-11.
\22\ See General Issues Supplement, at 4-5 and Exhibit SG-3.
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Petitioner contends that the industry's materially retarded, or in
the alternative, injured condition is illustrated by negligible market
share; underselling and price depression or suppression; lost sales and
revenues; adverse impact on production, capacity utilization, and
shipments; decline in employment variables; and decline in financial
performance.\23\ We assessed the allegations and supporting evidence
regarding material retardation, or in the alternative, material injury
or threat of material injury, and causation, and we determined that
these allegations are properly supported by adequate evidence and meet
the statutory requirements for initiation.\24\
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\23\ See Volume I of the Petition, at 14-20, 25-40 and Exhibits
I-10 through I-15; see also General Issues Supplement, at 2-5 and
Exhibits SG-3 through SG-6.
\24\ See AD Initiation Checklist, at Attachment III, Analysis of
Allegations and Evidence of Material Retardation, Material Injury
and Causation for the Antidumping and Countervailing Duty Petitions
Covering 53-Foot Domestic Dry Containers from the People's Republic
of China.
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Allegation of Sales at Less Than Fair Value
The following is a description of the allegation of sales at less
than fair value upon which the Department based its decision to
initiate an investigation of imports of domestic dry containers from
the PRC. The sources of data for the deductions and adjustments
relating to U.S. price and NV are discussed in greater detail in the AD
Initiation Checklist.
Export Price
Petitioner based export price (EP) on one U.S. price quote for
domestic dry containers produced in the PRC and offered for sale in the
United States during the POI. As the quoted price is on an ex-works
basis, Petitioner did not make any adjustments to this U.S. net
price.\25\
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\25\ See Volume II of the Petition, at 4 and Exhibit II-4; see
also AD Initiation Checklist.
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Normal Value
Petitioner states that the Department has treated the PRC as a non-
market economy (NME) country in every proceeding in which the PRC has
been involved.\26\ The presumption of NME status for the PRC has not
been revoked by the Department and, therefore, in accordance with
section 771(18)(C)(i) of the Act, remains in effect for purposes of the
initiation of this investigation. Accordingly, the NV of the product
for the investigation is appropriately based on factors of production
valued in a surrogate market-economy country in accordance with section
773(c) of the Act. In the course of this investigation, all parties
will have the opportunity to provide relevant information related to
the issues of the PRC's NME status and granting of separate rates to
individual exporters.
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\26\ See Volume II of the Petition at 2.
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Petitioner contends that Thailand is the appropriate surrogate
country for the PRC because: (1) It is at a level of economic
development comparable to that of the PRC; (2) It is a significant
producer of comparable merchandise; and (3) the data for Thailand for
valuing factors of production are available and reliable.\27\ Based on
the information provided by Petitioner, we conclude that it is
appropriate to use Thailand as a surrogate country for initiation
purposes.\28\ After initiation of this investigation, interested
parties will have the opportunity to submit comments regarding
surrogate country selection and, pursuant to 19 CFR 351.301(c)(3)(i),
will be provided an opportunity to submit publicly available
information to value factors of production (FOPs) within 30 days before
the scheduled date of the preliminary determination.\29\
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\27\ Id. at 1-4.
\28\ See AD Initiation Checklist.
\29\ See 19 CFR 351.301(c)(3)(i). Note that this is the revised
regulation published on April 10, 2013. See http://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt.
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Petitioner calculated NV using the Department's NME methodology as
required by 19 CFR 351.202(b)(7)(i)(C) and 19 CFR 351.408. Petitioner
based
[[Page 28677]]
NV on its own production experience.\30\ Petitioner asserts that, to
the best of its knowledge, its consumption rates are similar to the
consumption of PRC producers.\31\
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\30\ See Volume II of the Petition, at 4 and Exhibit II-5 and AD
Supplement, at 1 and Exhibit SAD-1.
\31\ Id.
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Petitioner valued the factors of production using reasonably
available, public surrogate country data, specifically, Thai import
data from the Global Trade Atlas (GTA) for the period September 2013
through February 2014, which are the most recent six months of data
available for Thailand at the time of filing the Petition.\32\
Petitioner excluded from these GTA import statistics imports from NME
countries, countries that maintain broadly available export subsidies,
and any imports from ``unspecified'' countries.\33\ The Department
determines that the surrogate values used by Petitioner are reasonably
available and, thus, are acceptable for purposes of initiation. With
respect to direct materials, Petitioner applied certain conversion
factors to align the units of measure with its own FOPs.\34\
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\32\ See Volume II of the Petition at 5 and Exhibit II-9; see
also AD Supplement, at 2-3 and Exhibit SAD-3.
\33\ See Volume II of the Petition at 5 and Exhibit II-9.
\34\ Id. and at Exhibit II-6 and AD Supplement at 1-2.
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Petitioner calculated labor using a 2007 Thailand wage rate from
the National Statistics Office's 2007 Industrial Census, and adjusted
this rate for inflation using the consumer price index (CPI) data for
Thailand published by the International Financial Statistics (IFS).\35\
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\35\ See Volume II of the Petition at 6 and Exhibits II-11 and
II-12.
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Petitioner valued electricity using a 2013 Thailand industry
electricity rate from the Metropolitan Electricity Authority (MEA).\36\
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\36\ See AD Supplement 2 at 2.
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Petitioner calculated financial ratios (i.e., factory overhead
expenses, selling, general, and administrative expenses, and profit)
based on the 2013 year-end financial statements of Cho Thavee Dollasien
Public Company Limited (formerly Cho Thavee Dollasien Co., Ltd.) and
its subsidiary, Cho Thavee Thermo Tech Co., Ltd. (collectively, Cho
Thavee Dollasien), Thai manufacturers of containers, trailer
assemblies, special vehicles, and related equipment (products that
Petitioner claims is comparable to domestic dry containers), for the
year ending December 31, 2013.\37\
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\37\ See Volume II of the Petition at 6 and Exhibit II-14, and
AD Supplement at 4-5 and Exhibit SAD-5.
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Fair Value Comparisons
Based on the data provided by Petitioner, there is reason to
believe that imports of domestic dry containers from the PRC are being,
or are likely to be, sold in the United States at less than fair value.
Based on comparisons of EP to NV in accordance with section 773(c) of
the Act, Petitioner calculated the estimated dumping margin to be 84.07
percent with respect to imports of domestic dry containers from the
PRC.\38\
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\38\ See AD Supplement at 6.
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Initiation of AD Investigation
Based on our examination of the Petition on domestic dry containers
from the PRC, the Department finds that the Petition meets the
requirements of section 732 of the Act. Therefore, we are initiating an
AD investigation to determine whether imports of domestic dry
containers from the PRC are being, or likely to be, sold in the United
States at less than fair value. In accordance with section 733(b)(1)(A)
of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our
preliminary determination no later than 140 days after the date of this
initiation. For a discussion of evidence supporting our initiation
determination, see the AD Initiation Checklist which accompanies this
notice.
Respondent Selection
In accordance with our standard practice for respondent selection
in AD investigations involving NME countries, we intend to issue
quantity and value questionnaires to each potential respondent named in
the Petition,\39\ and will base respondent selection on the responses
received. In addition, the Department will post the quantity and value
questionnaire along with the filing instructions on the Enforcement and
Compliance Web site (http://trade.gov/enforcement/news.asp). Exporters
and producers of domestic dry containers from the PRC that do not
receive quantity and value questionnaires via mail may still submit a
quantity and value response, and can obtain a copy from the Enforcement
and Compliance Web site. The quantity and value questionnaire must be
submitted by all PRC exporters/producers no later than May 27, 2014.
All quantity and value questionnaires must be filed electronically
using IA ACCESS.
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\39\ See Volume I of the Petition at 12-13.
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Separate Rates
In order to obtain separate rate status in an NME AD investigation,
exporters and producers must submit a separate rate application.\40\
The specific requirements for submitting the separate rate application
in the PRC investigation are outlined in detail in the application
itself, which will be available on the Department's Web site at http://trade.gov/enforcement/news.asp on the date of publication of this
initiation notice in the Federal Register. The separate rate
application will be due 60 days after the publication of this
initiation notice. For exporters and producers who submit a separate
rate status application and have been selected as mandatory
respondents, these exporters and producers will no longer be eligible
for consideration for separate rate status unless they respond to all
parts of the Department's AD questionnaire as mandatory respondents.
The Department requires that the PRC respondents submit a response to
the separate rate application by the deadline referenced above in order
to receive consideration for separate rate status.
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\40\ See Policy Bulletin 05.1: Separate-Rates Practice and
Application of Combination Rates in Antidumping Investigation
Involving Non-Market Economy Countries (April 5, 2005) (Separate
Rates and Combination Rates Bulletin), available on the Department's
Web site at http://enforcement.trade.gov/policy/).
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Use of Combination Rates
The Department will calculate combination rates for certain
respondents that are eligible for a separate rate in an NME
investigation. The Separate Rates and Combination Rates Bulletin
states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that the Department will now
assign in its NME investigations will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the weighted-
average of the individually calculated rates. This practice is
referred to as the application of ``combination rates'' because such
rates apply to specific combinations of exporters and one or more
producers. The cash-deposit rate assigned to an exporter will apply
only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.\41\
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\41\ See Separate Rates and Combination Rates Bulletin at 6
(emphasis added).
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[[Page 28678]]
Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act, and 19 CFR
351.202(f), copies of the public version of the Petition have been
provided to the Government of the PRC. To the extent practicable, we
will attempt to provide a copy of the public version of the Petition to
each known exporter (as named in the Petition), as provided in 19 CFR
351.203(c)(2).
ITC Notification
We notified the ITC of our initiation, as required by section
732(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of domestic dry containers from the PRC
materially retard the establishment of the U.S. industry, or whether
the U.S. industry is materially injured, or threatened with material
injury by reason of such imports.\42\ A negative ITC determination will
result in the investigation being terminated.\43\ Otherwise, this
investigation will proceed according to statutory and regulatory time
limits.
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\42\ See section 733(a) of the Act.
\43\ Id.
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Submission of Factual Information
On April 10, 2013, the Department published Definition of Factual
Information and Time Limits for Submission of Factual Information:
Final Rule, 78 FR 21246 (April 10, 2013), which modified two
regulations related to AD and CVD proceedings: (1) The definition of
factual information (19 CFR 351.102(b)(21)), and (2) the time limits
for the submission of factual information (19 CFR 351.301). The final
rule identifies five categories of factual information in 19 CFR
351.102(b)(21), which are summarized as follows: (i) Evidence submitted
in response to questionnaires; (ii) evidence submitted in support of
allegations; (iii) publicly available information to value factors
under 19 CFR 351.408(c) or to measure the adequacy of remuneration
under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the
Department; and (v) evidence other than factual information described
in (i)-(iv). The final rule requires any party, when submitting factual
information, to specify under which subsection of 19 CFR 351.102(b)(21)
the information is being submitted and, if the information is submitted
to rebut, clarify, or correct factual information already on the
record, to provide an explanation identifying the information already
on the record that the factual information seeks to rebut, clarify, or
correct. The final rule also modified 19 CFR 351.301 so that, rather
than providing general time limits, there are specific time limits
based on the type of factual information being submitted. These
modifications are effective for all proceeding segments initiated on or
after May 10, 2013, and thus are applicable to this investigation.
Please review the final rule, available at http://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to
submitting factual information for this investigation.
Revised Extension of Time Limits Regulation
On September 20, 2013, the Department modified its regulation
concerning the extension of time limits for submissions in AD and CVD
proceedings.\44\ The modification clarifies that parties may request an
extension of time limits before a time limit established under Part 351
expires, or as otherwise specified by the Secretary. In general, an
extension request will be considered untimely if it is filed after the
time limit established under Part 351 expires. For submissions which
are due from multiple parties simultaneously, an extension request will
be considered untimely if it is filed after 10:00 a.m. on the due date.
Examples include, but are not limited to: (1) Case and rebuttal briefs,
filed pursuant to 19 CFR 351.309; (2) factual information to value
factors under section 19 CFR 351.408(c), or to measure the adequacy of
remuneration under section 19 CFR 351.511(a)(2), filed pursuant to 19
CFR 351.301(c)(3) and rebuttal, clarification and correction filed
pursuant to 19 CFR 351.301(c)(3)(iv); (3) comments concerning the
selection of a surrogate country and surrogate values and rebuttal; (4)
comments concerning U.S. Customs and Border Protection (CBP) data; and
(5) quantity and value questionnaires. Under certain circumstances, the
Department may elect to specify a different time limit by which
extension requests will be considered untimely for submissions which
are due from multiple parties simultaneously. In such a case, the
Department will inform parties in the letter or memorandum setting
forth the deadline (including a specified time) by which extension
requests must be filed to be considered timely. This modification also
requires that an extension request must be made in a separate, stand-
alone submission, and clarifies the circumstances under which the
Department will grant untimely-filed requests for the extension of time
limits. These modifications are effective for all segments initiated on
or after October 21, 2013. Please review Extension of Time Limits;
Final Rule, available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in this
segment.
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\44\ See Extension of Time Limits, Final Rule, 78 FR 57790
(September 20, 2013).
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\45\
Parties are hereby reminded that revised certification requirements are
in effect for company/government officials as well as their
representatives in all AD or CVD investigations or proceedings
initiated on or after August 16, 2013, including this
investigation.\46\ The formats for the revised certifications are
provided at the end of the Final Rule. The Department intends to reject
factual submissions if the submitting party does not comply with the
revised certification requirements.
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\45\ See section 782(b) of the Act.
\46\ See Certifications of Factual Information To Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule).
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on the Department's Web site at http://enforcement.trade.gov/apo/index.html.
This notice is issued and published pursuant to section 777(i) of
the Act and 19 CFR 351.203(c).
Dated: May 13, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise subject to investigation is closed (i.e., not
open top) van containers exceeding 14.63 meters (48 feet) but
generally measuring 16.154 meters (53 feet) in exterior length,
which are designed for the intermodal transport \47\ of goods other
than bulk liquids within North America primarily by rail or by road
vehicle, or by a combination of rail and road vehicle (domestic
containers). The merchandise is known in the industry by
[[Page 28679]]
varying terms including ``53-foot containers,'' ``53-foot dry
containers,'' ``53-foot domestic dry containers,'' ``domestic dry
containers'' and ``domestic containers.'' These terms all describe
the same article with the same design and performance
characteristics. Notwithstanding the particular terminology used to
describe the merchandise, all merchandise that meets the definition
set forth herein is included within the scope of this investigation.
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\47\ ``Intermodal transport'' refers to a movement of freight
using more than one mode of transportation, most commonly on a
container chassis for on-the-road transportation and on a rail car
for rail transportation.
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Domestic containers generally meet the characteristic for closed
van containers for domestic intermodal service as described in the
American Association of Railroads (AAR) Manual of Standards and
Recommended Practices Intermodal Equipment Manual Closed Van
Containers for Domestic Intermodal Service Specification M 930
Adopted: 1972; Last Revised 2013 (AAR Specifications) for 53-foot
and 53-foot high cube containers. The AAR Specifications generally
define design, performance and testing requirements for closed van
containers, but are not dispositive for purposes of defining subject
merchandise within this scope definition. Containers which may not
fall precisely within the AAR Specifications or any successor
equivalent specifications are included within the scope definition
of the subject merchandise if they have the exterior dimensions
referenced below, are suitable for use in intermodal transportation,
are capable of and suitable for double-stacking \48\ in intermodal
transportation, and otherwise meet the scope definition for the
subject merchandise.
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\48\ ``Double-stacking'' refers to two levels of intermodal
containers on a rail car, one on top of the other.
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Domestic containers have the following actual exterior
dimensions: An exterior length exceeding 14.63 meters (48 feet) but
not exceeding 16.154 meters (53 feet); an exterior width of between
2.438 meters and 2.60 meters (between 8 feet and 8 feet 6\3/8\
inches); and an exterior height of between 2.438 meters and 2.908
meters (between 8 feet and 9 feet 6\1/2\ inches), all subject to
tolerances as allowed by the AAR Specifications. In addition to two
frames (one at either end of the container), the domestic containers
within the scope definition have two stacking frames located
equidistant from each end of the container, as required by the AAR
Specifications. The stacking frames have four upper handling
fittings and four bottom dual aperture handling fittings, placed at
the respective corners of the stacking frames. Domestic containers
also have two forward facing fittings at the front lower corners and
two downward facing fittings at the rear lower corners of the
container to facilitate chassis interface.
All domestic containers as described herein are included within
this scope definition, regardless of whether the merchandise enters
the United States in a final, assembled condition, or as an
unassembled kit or substantially complete domestic container which
requires additional manipulation or processing after entry into the
United States to be made ready for use as a domestic container.
The scope of this investigation excludes the following items:
(1) Refrigerated containers; (2) trailers, where the cargo box and
rear wheeled chassis are of integrated construction, and the cargo
box of the unit may not be separated from the chassis for further
intermodal transport; (3) container chassis, whether or not imported
with domestic containers, but the domestic containers remain subject
merchandise, to the extent they meet the written description of the
scope. Imports of the subject merchandise are provided for under
subheading 8609.00.0000 of the Harmonized Tariff Schedule of the
United States (HTSUS). Imports of the subject merchandise which meet
the definition of and requirements for ``instruments of
international traffic'' pursuant to 19 U.S.C. 1322 and 19 CFR 10.41a
may be classified under subheading 9803.00.50, HTSUS. While HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the subject merchandise as set forth herein
is dispositive.
[FR Doc. 2014-11519 Filed 5-16-14; 8:45 am]
BILLING CODE 3510-DS-P