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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

American Government Special Collections Reference Desk

American Government Cars in China Trucking

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

Paul Piquado
Department of Commerce
November 26, 2014


[Federal Register Volume 79, Number 228 (Wednesday, November 26, 2014)]
[Notices]
[Pages 70501-70504]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28054]


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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: 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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') preliminarily 
determines that 53-foot domestic dry containers (``domestic dry 
containers'')

[[Page 70502]]

from the People's Republic of China (``PRC'') are being, or are likely 
to be, sold in the United States at less than fair value (``LTFV''), as 
provided in section 733(b) of the Tariff Act of 1930, as amended (``the 
Act''). The period of investigation (``POI'') is October 1, 2013, 
through March 31, 2014. The estimated weighted-average dumping margins 
of sales at LTFV are shown in the ``Preliminary Determination'' section 
of this notice. Interested parties are invited to comment on this 
preliminary determination.

DATES: Effective Date: November 26, 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 Avenue NW., Washington, DC 20230; telephone: (202) 482-
7924 or (202) 482-0195, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the notice of initiation of this 
investigation on May 19, 2014.\1\ Pursuant to section 733(c)(1)(A) of 
the Act, on August 28, 2014, the Department postponed this preliminary 
LTFV determination by a period of 50 days.\2\
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    \1\ See 53-Foot Domestic Dry Containers From the People's 
Republic of China: Initiation of Antidumping Duty Investigation, 79 
FR 28674 (May 19, 2014) (``Initiation Notice'').
    \2\ See 53-Foot Domestic Dry Containers From the People's 
Republic of China: Postponement of Preliminary Determination of 
Antidumping Duty Investigation, 79 FR 51305 (August 28, 2014).
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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 \3\ 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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    \3\ ``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. For a complete description of the scope of the 
investigation, see Appendix I to this notice.
    Various parties submitted comments on the scope. For a discussion 
of these comments, see 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 concurrently with, and hereby 
adopted by, this notice (``Preliminary Decision Memorandum'').\4\ The 
Preliminary Decision Memorandum is a public document and is made 
available to the public via Enforcement and Compliance's Antidumping 
and Countervailing Duty Centralized Electronic Service System 
(``ACCESS''). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Department's 
Central Records Unit, located in 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 version of the Preliminary Decision Memorandum are 
identical in content.
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    \4\ For a list of topics discussed in the Preliminary Decision 
Memorandum, see Appendix II to this notice.
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Methodology

    The Department conducted this investigation in accordance with 
section 731 of the Act. We calculated export prices in accordance with 
section 772 of the Act. Because the PRC is a non-market economy within 
the meaning of section 771(18) of the Act, we calculated normal value 
(``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.

Combination Rates

    In the Initiation Notice, the Department stated that it would 
calculate combination rates for the respondents that are eligible for a 
separate rate in this investigation. Policy Bulletin 05.1 describes 
this practice.\5\
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    \5\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (``Policy Bulletin 05.1''), available 
on the Department's Web site at http://enforcement.trade.gov/policy/bull05-1.pdf.
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Preliminary Determination

    The Department preliminarily determines that the following 
weighted-average dumping margins exist for the exporter-producer 
combinations listed below during the period October 1, 2013, through 
March 31, 2014:

------------------------------------------------------------------------
                                                       Weighted-average
           Exporter                   Producer          dumping margin
                                                           (percent)
------------------------------------------------------------------------
Hui Zhou Pacific Container     Hui Zhou Pacific                   153.24
 Co., Ltd./Qingdao Pacific      Container Co., Ltd./
 Container Co., Ltd./Qidong     Qingdao Pacific
 Singamas Energy Equipment      Container Co., Ltd./
 Co., Ltd./Singamas             Qidong Singamas
 Management Services Limited.   Energy Equipment
                                Co., Ltd.
------------------------------------------------------------------------
PRC-Wide Entity                                                    24.27
------------------------------------------------------------------------
As detailed in the Preliminary Decision Memorandum, 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 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 we consider CIMC to be the PRC-Wide Entity.


[[Page 70503]]

Preliminary Negative Determination of Critical Circumstances

    On October 30, 2014, Stoughton Trailers LLC (``Petitioner''), filed 
a timely critical circumstances allegation, pursuant to section 
733(e)(1) of the Act and 19 CFR 351.206(c)(1), alleging that critical 
circumstances exist with respect to imports of domestic dry containers 
from the PRC.\6\ We preliminarily determine that Petitioner's critical 
circumstances allegation is deficient because it does not contain 
information regarding how ``the importer knew or should have known that 
the exporter was selling the merchandise at less than fair value and 
that there was likely to be material injury by reason of such sales.'' 
\7\ Therefore, we preliminarily determine that critical circumstances 
do not exist for Singamas and the PRC-wide entity. A discussion of our 
determination can be found in the Preliminary Decision Memorandum at 
the section, ``Critical Circumstances.''
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    \6\ See Letter from Petitioner to the Secretary of Commerce, 
``53-Foot Domestic Dry Containers from the People's Republic of 
China,'' dated October 30, 2014.
    \7\ See section 733(e)(1)(A)(ii) of the Act.
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Disclosure and Public Comment

    The Department intends to disclose calculations performed for this 
preliminary determination to parties in this proceeding within five 
days of the date of publication of this notice in accordance with 19 
CFR 351.224(b). Case briefs or other written comments may be submitted 
to the Assistant Secretary for Enforcement and Compliance, through 
Enforcement and Compliance's electronic records system, ACCESS, no 
later than seven days after the date on which the final verification 
report is issued in this proceeding.\8\ Rebuttal briefs, limited to 
issues raised in case briefs, may be submitted through ACCESS no later 
than five days after the deadline for case briefs.\9\ Pursuant to 19 
CFR 351.309(c)(2) and (d)(2), 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.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.309(c).
    \9\ See 19 CFR 351.309(d).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate in a hearing if one is requested, 
must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, filed 
electronically through ACCESS. Electronically filed case briefs/written 
comments and hearing requests must be received successfully in their 
entirety by the Department's electronic records system, ACCESS, by 5:00 
p.m. Eastern Standard Time. Hearing requests must be received by the 
Department within 30 days after the date of publication of this notice 
\10\ and should contain the party's name, address, and telephone 
number, the number of participants, and a list of the issues to be 
presented at the hearing. 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 time and location to be determined. Parties should confirm 
by telephone the date, time, and location of the hearing two days 
before the scheduled date.
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    \10\ See 19 CFR 351.310(c).
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Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, the Department 
will instruct U.S. Customs and Border Protection (``CBP'') to suspend 
liquidation of all entries of domestic dry containers from the PRC, as 
described in the ``Scope of the Investigation'' section above, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register.
    Pursuant to 19 CFR 351.205(d), the Department will instruct CBP to 
require a cash deposit \11\ equal to the weighted-average amount by 
which NV exceeds U.S. price, adjusted where appropriate for export 
subsidies \12\ and estimated domestic subsidy pass-through,\13\ as 
follows: (1) The cash deposit rate for the exporter/producer 
combination listed in the table above will be the rate identified for 
that combination in the table; (2) for all combinations of PRC 
exporters/producers of merchandise under consideration that have not 
received their own separate rate above, the cash-deposit rate will be 
the cash deposit rate established for the PRC-wide entity, 24.27 
percent; and (3) for all non-PRC exporters of the merchandise under 
consideration which have not received their own separate rate above, 
the cash-deposit rate will be the cash deposit rate applicable to the 
PRC exporter/producer combination that supplied that non-PRC exporter. 
These suspension of liquidation and cash deposit instructions will 
remain in effect until further notice.
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    \11\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
    \12\ See section 772(c)(1)(C) of the Act. Unlike in 
administrative reviews, the Department calculates the adjustment for 
export subsidies in investigations not in the margin calculation, 
but in the cash deposit instructions issued to CBP. See Notice of 
Final Determination of Sales at Less Than Fair Value, and Negative 
Determination of Critical Circumstances: Certain Lined Paper 
Products from India, 71 FR 45012 (August 8, 2006), and accompanying 
Issues and Decision Memorandum at Comment 1.
    \13\ For further discussion, see the Preliminary Decision 
Memorandum at the section, ``Section 777A(f) of the Act.''
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    Furthermore, as stated above and consistent with our practice, we 
will instruct CBP to require a cash deposit equal to the amount by 
which NV exceeds the export price or constructed export price, less the 
amount of the countervailing duty (``CVD'') rate determined to 
constitute an export subsidy. In this LTFV investigation, with regard 
to the PRC-wide entity rate (which is based on CIMC's data),\14\ export 
subsidies constitute 4.75 percent \15\ of CIMC's preliminarily 
calculated CVD rate in the companion CVD investigation. Therefore, we 
will offset the PRC-wide rate of 24.27 percent by the CVD rate 
attributable to export subsidies (i.e., 4.75 percent) to calculate the 
preliminary PRC-wide entity cash deposit rate for this LTFV 
investigation.
---------------------------------------------------------------------------

    \14\ For further discussion, see the Preliminary Decision 
Memorandum at the section, ``The PRC-wide Entity.''
    \15\ The following subsidy program in the preliminary 
determination of the companion CVD investigation is an export 
subsidy: Export Seller's Credits from China Ex-Im Bank (4.75 percent 
for CIMC). See Countervailing Duty Investigation of 53-Foot Domestic 
Dry Containers From the People's Republic of China: Preliminary 
Determination and Alignment of Final Determination With Final 
Antidumping Duty Determination, 79 FR 58320 (September 29, 2014) and 
accompanying Preliminary Decision Memorandum at 21-22.
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    We are adjusting the preliminary cash deposit rate for estimated 
domestic subsidy pass-through for Singamas (i.e., 6.39 percent). 
However, we are not adjusting the PRC-wide entity rate for estimated 
domestic subsidy pass-through because we have no basis upon which to 
make such an adjustment.\16\
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    \16\ See Preliminary Decision Memorandum at the section, 
``Section 777A(f) of the Act.''
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Postponement of Final Determination and Extension of Provisional 
Measures

    Pursuant to requests from the mandatory respondents Singamas \17\ 
and

[[Page 70504]]

CIMC \18\ and Petitioner,\19\ we are postponing the final 
determination. Further, Singamas and CIMC requested to extend the 
application of the provisional measures prescribed under section 733(d) 
of the Act and 19 CFR 351.210(e)(2), from a four-month period to a six-
month period. The suspension of liquidation described above will be 
extended accordingly.\20\ Accordingly, we intend to make our final 
determination no later than 135 days after the date of publication of 
this preliminary determination, pursuant to section 735(a)(2) of the 
Act.\21\
---------------------------------------------------------------------------

    \17\ See Letter from Singamas to the Secretary of Commerce 
regarding ``53-Foot Domestic Dry Containers from the People's 
Republic of China; Request to Extend Final Determination,'' dated 
November 14, 2014.
    \18\ See Letter from CIMC to the Secretary of Commerce regarding 
``Antidumping Duty Investigation of 53-Foot Domestic Dry Containers 
from the People's Republic of China: Extension of Final 
Determination'' dated November 17, 2014.
    \19\ See Letter from Petitioner to the Secretary of Commerce 
regarding ``53-Foot Domestic Dry Containers from the People's 
Republic of China,'' dated November 14, 2014.
    \20\ Id.
    \21\ See also 19 CFR 351.210(b)(2) and (e).
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International Trade Commission (``ITC'') Notification

    In accordance with section 733(f) of the Act, we notified the ITC 
of our preliminary affirmative determination of sales at LTFV. Because 
the preliminary determination in this investigation is affirmative, 
section 735(b)(2) of the Act requires the ITC to make its final 
determination as to whether the domestic industry in the United States 
is materially injured, threatened with material injury, or is 
materially retarded, by reason of imports of domestic dry containers 
from the PRC, or sales (or the likelihood of sales) for importation, of 
the merchandise under consideration before the later of 120 days after 
the date of this preliminary determination or 45 days after our final 
determination. Because we are postponing the deadline for our final 
determination to 135 days from the date of publication of this 
preliminary determination the ITC will make its final determination no 
later than 45 days after our final determination.
    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: November 19, 2014.
Paul Piquado,
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 \22\ 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.'' 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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    \22\ ``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.
---------------------------------------------------------------------------

    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 \23\ in intermodal 
transportation, and otherwise meet the scope definition for the 
subject merchandise.
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    \23\ ``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.

Appendix II--List of Topics Discussed in the Preliminary Decision 
Memorandum

SUMMARY
BACKGROUND
PERIOD OF INVESTIGATION
POSTPONEMENT OF PRELIMINARY DETERMINATION
SCOPE OF THE INVESTIGATION
SCOPE COMMENTS
DISCUSSION OF THE METHODOLOGY
    Non-market Economy Country
    Surrogate Country
    Surrogate Value Comments
    Combination Rates
    The PRC-wide Entity
    Single Entity Treatment
    Date of Sale
    Fair Value Comparisons
    Export Price
    Value-Added Tax
    Normal Value
    Factor Valuation Methodology
    Comparisons to Normal Value
    Currency Conversion
ALLEGATION OF CRITICAL CIRCUMSTANCES
VERIFICATION
SECTION 777A(F) OF THE ACT
ITC NOTIFICATION
CONCLUSION

[FR Doc. 2014-28054 Filed 11-25-14; 8:45 am]
BILLING CODE 3510-DS-P



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