53-Foot Domestic Dry Containers From the People's Republic of China: Amended Preliminary Determination of Sales at Less-Than-Fair-Value

Paul Piquado
Department of Commerce
December 31, 2014

[Federal Register Volume 79, Number 250 (Wednesday, December 31, 2014)]
[Notices]
[Pages 78800-78802]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30666]


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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: Amended Preliminary Determination of Sales at Less-Than-Fair-
Value

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

SUMMARY: The Department of Commerce (``the Department'') is amending 
the preliminary determination of the less-than-fair-value investigation 
of 53-foot domestic dry containers from the People's Republic of China 
(``PRC'') to correct for certain ministerial errors, as described 
below, in the ``Supplementary Information'' section of this notice. The 
Department corrected these errors and recalculated the weighted-average 
dumping margins for a mandatory respondent and the PRC-Wide entity, as 
described below in the ``Amended Preliminary Determination'' section of 
this notice.

DATES: Effective Date: December 31, 2014.

FOR FURTHER INFORMATION CONTACT: Brian Davis or John Drury, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution

[[Page 78801]]

Avenue NW., Washington, DC 20230; telephone: (202) 482-7924 or (202) 
482-0195, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 31, 2014, the Department published its affirmative 
preliminary determination that 53-foot domestic dry containers 
(``domestic dry containers'') from the PRC are being, or are likely to 
be, sold in the United States at less than fair value, as provided by 
section 733 of the Tariff Act of 1930, as amended (``the Act'').\1\ On 
November 25, 2014, the Department disclosed to interested parties its 
calculations for the Preliminary Determination. On December 1, 2014, 
Hui Zhou Pacific Container Co., Ltd., Qingdao Pacific Container Co., 
Ltd., and Qidong Singamas Energy Equipment Co., Ltd. and their holding 
company Singamas Container Holdings Limited (collectively, 
``Singamas''), a mandatory respondent in this investigation, submitted 
a timely ministerial error allegations with respect to the Preliminary 
Determination. In addition, on December 1, 2014, Stoughton Trailers LLC 
(``Petitioner'') submitted timely ministerial error allegations with 
respect to the Department's calculation of the PRC-Wide entity rate. 
Therefore, in accordance with 19 CFR 351.224(e), we made changes, as 
discussed below, to the Preliminary Determination.
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    \1\ See 53-Foot Domestic Dry Containers From the People's 
Republic of China: Preliminary Determination of Sales at Less Than 
Fair Value; Preliminary Negative Determination of Critical 
Circumstances; and Postponement of Final Determination and Extension 
of Provisional Measures, 79 FR 70501 (November 26, 2014) 
(``Preliminary Determination'').
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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 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 \2\ 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 varying terms including ``53-
foot containers,'' ``53-foot dry containers,'' ``53-foot domestic dry 
containers,'' ``domestic dry containers'' and ``domestic containers.'' 
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.
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    \2\ ``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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    While HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the subject merchandise is 
dispositive.

Significant Ministerial Errors

    Ministerial errors are defined in 19 CFR 351.224(f) as ``errors in 
addition, subtraction, or other arithmetic function, clerical errors 
resulting from inaccurate copying, duplication, or the like, and any 
other type of unintentional error which the Department considers 
ministerial.'' \3\ 19 CFR 351.224(e) provides that the Department 
``will analyze any comments received and, if appropriate, correct any 
significant ministerial error by amending the preliminary determination 
. . .'' \4\ A significant ministerial error is defined as a ministerial 
error, the correction of which, either singly or in combination with 
other errors, would result in (1) a change of at least five absolute 
percentage points in, but not less than 25 percent of, the weighted-
average dumping margin calculated in the original (erroneous) 
preliminary determination, or (2) a difference between a weighted-
average dumping margin of zero (or de minimis) and a weighted-average 
dumping margin of greater than de minimis or vice versa.\5\
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    \3\ See 19 CFR 351.224(f).
    \4\ See 19 CFR 351.224(e).
    \5\ See 19 CFR 351.224(g).
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    In accordance with 19 CFR 351.224(e) and (g)(1), the Department is 
amending the preliminary determination of the less-than-fair-value 
investigation of 53-foot domestic dry containers from the PRC to 
reflect the corrections of significant ministerial errors it made in 
the weighted-average dumping margin calculations for Singamas, a 
mandatory respondent in this investigation, and for PRC-Wide entity.\6\
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    \6\ See, Memorandum from Richard Weible, Office Director, 
Antidumping and Countervailing Duty Operations, Office VI, to 
Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, ``Less-Than-Fair-Value Investigation 
of 53-Foot Domestic Dry Containers from the People's Republic of 
China: Allegations of Ministerial Errors'' (``Ministerial Error 
Memorandum''), which is dated concurrently hereby adopted by this 
notice.
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Ministerial Error Allegations

    For a complete analysis of the ministerial error allegations, see 
the Ministerial Error Memorandum.

Amended Preliminary Determination

    As a result of this amended preliminary determination, we revised 
the preliminary estimated weighted-average dumping margin for Singamas 
and the PRC-Wide entity as follows:

------------------------------------------------------------------------
                                                        Weighted-average
            Exporter                    Producer         dumping margin
                                                           (percent)
------------------------------------------------------------------------
Hui Zhou Pacific Container Co.,   Hui Zhou Pacific                 98.82
 Ltd./Qingdao Pacific Container    Container Co.,
 Co., Ltd./Qidong Singamas         Ltd./Qingdao
 Energy Equipment Co., Ltd./       Pacific Container
 Singamas Management Services      Co., Ltd./Qidong
 Limited.                          Singamas Energy
                                   Equipment Co., Ltd.
PRC-Wide Entity.................  ...................             104.59
------------------------------------------------------------------------

As detailed in the Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations to Paul 
Piquado, Assistant Secretary for Enforcement and Compliance, 
``Antidumping Duty Investigation of 53-Foot Domestic Dry Containers 
from the People's Republic of China: Decision Memorandum for the 
Preliminary Determination,'' dated November 19, 2014, China 
International Marine Containers (Group) Co., Ltd., China International 
Marine Containers (HK) Ltd., Xinhui CIMC Special Transportation 
Equipment Co., Ltd., Nantong CIMC-Special Transportation Equipment 
Manufacture Co., Ltd., and

[[Page 78802]]

Qingdao CIMC Container Manufacture Co., Ltd. (collectively, ``CIMC''), 
a mandatory respondent in this investigation, did not demonstrate that 
it is entitled to a separate rate and, therefore, we found it to be the 
PRC-Wide Entity.

Amended Collection of Cash Deposits and Suspension of Liquidation

    The collection of cash deposits and suspension of liquidation will 
be revised according to the rates calculated in this amended 
preliminary determination. Because the amended rate for Singamas 
results in reduced cash deposits, the rate for Singamas will be 
effective retroactively to November 26, 2014, the date of publication 
of the Preliminary Determination. The rate for the PRC-wide entity will 
be effective upon publication of this notice. Parties will be notified 
of this determination, in accordance with sections 733(d) and (f) of 
the Act.

International Trade Commission Notification

    In accordance with section 733(f) of the Act, we notified the 
International Trade Commission of our amended preliminary 
determination.

Notification to Interested Parties

    The Department intends to disclose calculations performed in 
connection with this amended preliminary determination within five days 
of the date of publication of this notice in accordance with 19 CFR 
351.224(b).
    This amended preliminary determination is issued and published in 
accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 
351.224(e).

    Dated: December 22, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-30666 Filed 12-30-14; 8:45 am]
BILLING CODE 3510-DS-P