Certain Tissue Paper Products from the People's Republic of China: Final Results and Final Rescission, In Part, of Antidumping Duty Administrative Review, 58642-58646 [E7-20349]
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58642
Federal Register / Vol. 72, No. 199 / Tuesday, October 16, 2007 / Notices
Decision Memorandum are identical in
content.
Cash Deposits
The following cash–deposit
requirements will be effective upon
publication of the final results of these
new shipper reviews for all shipments
of subject merchandise from Shanghai
Jinneng and Jiangxi Gangyuan entered,
SILICON METAL FROM THE PRC
or withdrawn from warehouse, for
Weighted– consumption on or after the publication
Average
date, as provided by section 751 (a) (2)
Manufacturer/Exporter
Margin
(C) of the Tariff Act of 1930, as amended
(Percent)
(‘‘the Act’’): (1) For subject merchandise
produced and exported by Jiangxi
Shanghai Jinneng International
Trade Company Ltd. ...............
7.93 Gangyuan, or produced by Datong
Jiangxi Gangyuan Silicon IndusJinneng and exported by Shanghhai
try Co. Ltd. ..............................
50.62 Jinneng, the cash–deposit rate will be
PRC–wide Rate ..........................
139.49 that established in the final results of
these reviews; (2) for subject
For details on the calculation of the
merchandise exported by Shanghai
antidumping duty margin for Shanghai
Jinneng but not manufactured by Datong
Jinneng, see Memorandum to the File,
Jinneng, the cash deposit rate will
through Scot T. Fullerton, Program
continue to be the PRC–wide rate (i.e.,
Manager, from Michael Quigley,
139.49 percent); and (3) for subject
International Trade Analyst, regarding
merchandise exported by Shanghai
Silicon Metal from the People’s
Jinneng, but manufactured by any other
Republic of China - Analysis
party, the cash deposit rate will be the
Memorandum for the Final Results of
PRC–wide rate (i.e., 139.49 percent).
New Shipper Review of Shanghai
Notification to Importers
Jinneng International Trade Company
Ltd. (October 9, 2007). A public version
This notice serves as a final reminder
of this memorandum is on file in the
to importers of their responsibility
CRU.
under 19 CFR 351.402(f)(2) to file a
For details on the calculation of the
certificate regarding the reimbursement
antidumping duty margin for Jiangxi
Gangyuan, see Memorandum to the File, of antidumping duties prior to
liquidation of the relevant entries
through Scot T. Fullerton, Program
during this review period. Failure to
Manager, from Michael Quigley,
comply with this requirement could
International Trade Analyst, regarding
result in the Secretary’s presumption
Silicon Metal from the People’s
that reimbursement of antidumping
Republic of China - Analysis
duties occurred and the subsequent
Memorandum for the Final Results of
assessment of double antidumping
New Shipper Review of Jiangxi
duties.
Gangyuan Silicon Industry Co.
These reviews and notice are in
Ltd.(October 9, 2007). A public version
accordance with sections 751(a)(1),
of this memorandum is also on file in
751(a)(2) and 777(i)(1) of the Act and 19
the CRU.
CFR 351.221(b)(5).
Assessment of Antidumping Duties
Dated: October 9, 2007.
The Department will determine, and
David M. Spooner,
U.S. Customs and Border patrol (‘‘CBP’’)
Assistant Secretary for Import
shall assess, antidumping duties on all
Administration.
appropriate entries. The Department
intends to issue assessment instructions Appendix I
to CBP 15 days after the date of
General Issues
publication of these final results of
review. For assessment purposes for
Comment 1: Selection of Surrogate
companies with a calculated rate, where Country
possible, we calculated importer–
Comment 2: Electricity Valuation
specific assessment rates for silicon
metal from the PRC via ad valorem duty Comment 3: Selection of Financial
Statements
assessment rates based on the ratio of
Comment 4: Quartz Valuation
the total amount of the dumping
margins calculated for the examined
Comment 5: Silica Fume By–Product
sales to the total entered value of those
Valuation
same sales during the POR. We will
Comment 6: Steam Coal Valuation
instruct CBP to assess antidumping
duties on all appropriate entries covered Comment 7: Charcoal Valuation
by this review.
Comment 8: Electrode Usage
mmaher on PROD1PC70 with NOTICES
Final Results of Review
We determine that the following
antidumping duty margins exist:
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Company–Specific Issues: Jiangxi
Gangyuan
Comment 9: Clerical Errors in
Calculating Freight
Comment 10: June 2005 Electricity
Consumption
Comment 11: Work–In-Process
Inventory
Comment 12: Silica Fume Offset During
POR
Company–Specific Issues: Shanghai
Jinneng / Datong Jinneng
Comment 13: Silicon Metal Fines
Valuation
Comment 14: Packing Bags Valuation
Comment 15: High Aluminum Quartz
Comment 16: Quartz Yield Loss
Comment 17: Instructions to Customs
[FR Doc. E7–20344 Filed 10–15–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–894
Certain Tissue Paper Products from
the People’s Republic of China: Final
Results and Final Rescission, In Part,
of Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 9, 2007, the U.S.
Department of Commerce (the
Department) published the preliminary
results of the first administrative review
of the antidumping duty order on
certain tissue paper products (tissue
paper) from the People’s Republic of
China (PRC). See Certain Tissue Paper
Products from the People’s Republic of
China: Preliminary Results and
Preliminary Rescission, In Part, of
Antidumping Duty Administrative
Review, 72 FR 17477, (April 9, 2007)
(Preliminary Results). This review
covers the following exporters and/or
producer/exporters: (1) Max Fortune
Industrial Limited and Max Fortune
(FETDE) Paper Products Co., Ltd.
(collectively, Max Fortune); (2) Samsam
Productions Ltd. and Guangzhou Baxi
Printing Products Co., Ltd. (Guangzhou
Baxi) (collectively, Samsam); (3) Foshan
Sansico Co., Ltd., PT Grafitecindo
Ciptaprima, PT Printec Perkasa, PT
Printec Perkasa II, PT Sansico Utama,
Sansico Asia Pacific Limited
(collectively, the Sansico Group); (4)
Vietnam Quijiang Paper Co., Ltd.
(Quijiang); (5) China National Aero–
Technology Import & Export Xiamen
Corp. (China National); (6) Putian City
Hong Ye Paper Products Co., Ltd. (Hong
AGENCY:
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Federal Register / Vol. 72, No. 199 / Tuesday, October 16, 2007 / Notices
mmaher on PROD1PC70 with NOTICES
Ye); (7) Putian City Chengxiang Qu Li
Feng (Chengxiang); (8) Kepsco, Inc.
(Kepsco); and (9) Giftworld Enterprise
Co., Ltd. (Giftworld). The period of
review (POR) is September 21, 2004,
through February 28, 2006. Based on
our analysis of the comments received
and verification findings, we have made
changes to certain surrogate values and
to Max Fortune’s margin. In addition,
we have determined to rescind this
review with respect to Samsam.
Therefore, the final results differ from
the Preliminary Results. We are also
rescinding this review with respect to
the Sansico Group and Quijiang.
EFFECTIVE DATE: October 16, 2007.
FOR FURTHER INFORMATION CONTACT:
Kristina Horgan or Bobby Wong, AD/
CVD Operations, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–8173 or (202) 482–
0409, respectively.
SUPPLEMENTARY INFORMATION:
Background
We published the preliminary results
of the first administrative review on
April 9, 2007, in the Federal Register.
See Preliminary Results. Since the
Preliminary Results, the following
events have occurred:
On April 11, 2007, Seaman Paper
Company of Massachusetts (petitioner)
submitted comments on the
Department’s April 2, 2007,
memorandum concerning telephone
conversations with U.S. representatives
of two producers of papermaking
machines. On April 19, 2007, we issued
a memorandum stating that the
Department would postpone the briefing
schedule for the final results until
verification reports were issued for Max
Fortune and Samsam. On April 23,
2007, the Sansico Group filed comments
responding to petitioner’s April 11,
2007, submission. On May 2, 2007, the
Department issued a second
supplemental questionnaire to the
Sansico Group. On May 3, 2007,
petitioner submitted comments on the
Sansico Group’s April 23, 2007,
submission. On May 9, 2007, both
petitioner and the Sansico Group
requested a hearing.
From May 7 through May 9, 2007, the
Department conducted a verification of
Max Fortune’s factors of production
information at its facilities in Fujian,
Fuzhou, PRC, while on May 11 and May
14, 2007, the Department conducted a
verification of Max Fortune’s sales
information at its facilities in Hong
Kong. See Memorandum to the File,
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04:12 Oct 16, 2007
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regarding Verification of the Factors
Responses of Max Fortune (FETDE)
Paper Products Co., Ltd. (MFPP) in the
Antidumping Duty Review of Certain
Tissue Paper from the People’s Republic
of China, dated July 12, 2007. See also
Memorandum to the File, regarding
Verification of the Sales Responses of
Max Fortune Industrial Limited in the
Antidumping Duty Review of Certain
Tissue Paper from the People’s Republic
of China, dated July 12, 2007 (Max
Fortune Sales Verification Report).
On May 15, 2007, the Department
verified the sales responses of Samsam
at its facilities in Hong Kong. From May
16 to May 18, 2007, the Department
verified the factors of production
responses of Guangzhou Baxi at its
facilities in Guangzhou, PRC, and on
May 19, 2007, the Department verified
the factors of production responses of
Guilin Samsam Paper Products Ltd.
(Guilin Samsam) at its facilities in
Guilin, PRC. On May 21, 2007, the
Department verified the sales responses
of Samsam Premiums Ltd. (St. Clair
Pakwell) at its facilities in Orange, CA.
See Memorandum to the File, regarding
Verification of the Sales & Factors
Responses of Samsam Productions
Limited in the Antidumping Duty
Review of Certain Tissue Paper Products
from the People’s Republic of China,
dated July 12, 2007. See also
Memorandum to the File, regarding
Verification of the Factors Responses of
Guangzhou Baxi Productions Limited
and Guilin Samsam Paper Products Ltd.
in the Antidumping Duty Review of
Certain Tissue Paper Products from the
People’s Republic of China, dated July
12, 2007. See also Memorandum to the
File, regarding Verification of the Sales
Responses of Samsam Premiums Ltd.
(d.b.a. St. Clair Pakwell) in the
Antidumping Duty Review of Certain
Tissue Paper Products from the People’s
Republic of China, dated July 12, 2007.
On May 18, 2007, the Sansico Group
responded to the comments submitted
by petitioner on May 3, 2007, while on
May 22, 2007, we received the
supplemental questionnaire response
from the Sansico Group. On June 22,
2007, the Department spoke via
telephone with counsel for the Sansico
Group about the verification of its
unaffiliated supplier, scheduled for June
27, 2007. In this conversation, counsel
for the Sansico Group informed the
Department that the Sansico Group’s
unaffiliated supplier would not permit
verification of all the information and
sources of information listed in the
Department’s June 15, 2007, verification
outline. The Sansico Group also placed
a letter on the record, dated June 22,
2007, outlining the limited procedures
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58643
to which its unaffiliated supplier would
agree, if the Department’s verifiers
wished to visit the supplier’s facilities.
On June 22, 2007, the Department
informed the Sansico Group that it
would proceed with verification of the
Sansico Group but would not visit the
facilities of its unaffiliated supplier if
the Department would not be allowed to
verify the supplier’s books and records
for the POR.1
On June 25, 2007, the Department
verified the ‘‘no shipment’’ responses of
the Sansico Group in Jakarta, Indonesia,
at the production facilities of PT Printec
Perkasa. See Memorandum to James C.
Doyle, Director, AD/CVD Operations,
Office 9, regarding Verification of Sales
Response of The Sansico Group in the
Antidumping Duty Administrative
Review of Certain Tissue Paper From
the People’s Republic of China, dated
July 13, 2007.
On July 13, 2007, we invited parties
to comment on our Preliminary Results.
On July 20, 2007, the Sansico Group
requested a seven–day extension of the
deadline to submit rebuttal briefs, and
on July 25, 2007, the Department
granted that request. On July 31, 2007,
the Department requested that the
Sansico Group place on the record the
Indonesian law stating that special
permission is needed to audit the
financial records of state–owned
companies, as described in the Sansico
Group’s letter to the Department dated
July 30, 2007.2 On August 1, 2007, the
Sansico Group placed this information
on the record.
On August 3, 2007, we received case
briefs from Max Fortune, the Sansico
Group, and Target Corporation, an
interested party to this proceeding. On
August 6, 2007, we received case briefs
from petitioner and Samsam. On August
16, 2007, Max Fortune requested a one–
day extension of the deadline to submit
rebuttal briefs, and on August 16, 2007,
the Department granted that request. We
received rebuttal briefs from petitioner,
Max Fortune, and Samsam on August
20, 2007. On August 21, 2007, we
received one additional rebuttal brief
from petitioner and a rebuttal brief from
the Sansico Group. On August 22, 2007,
both petitioner and the Sansico Group
submitted letters withdrawing their
separate requests for a hearing.
1 See Memorandum to the File, regarding
Telephone Call Regarding Verification of Sansico
Group’s Indonesian Supplier, dated June 25, 2007.
2 See Letter to the Secretary from the Sansico
Group, regarding Response to Department’s Request
During the Verification of Sansico Group in Certain
Tissue Paper Products from the People’s Republic
of China (July 30, 2007).
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58644
Federal Register / Vol. 72, No. 199 / Tuesday, October 16, 2007 / Notices
Analysis of Comments Received
The tissue paper products subject to
this order are cut–to–length sheets of
tissue paper having a basis weight not
exceeding 29 grams per square meter.
Tissue paper products subject to this
order may or may not be bleached, dye–
colored, surface–colored, glazed, surface
decorated or printed, sequined,
crinkled, embossed, and/or die cut. The
tissue paper subject to this order is in
the form of cut–to–length sheets of
tissue paper with a width equal to or
greater than one–half (0.5) inch. Subject
tissue paper may be flat or folded, and
may be packaged by banding or
wrapping with paper or film, by placing
in plastic or film bags, and/or by placing
in boxes for distribution and use by the
ultimate consumer. Packages of tissue
paper subject to this order may consist
solely of tissue paper of one color and/
or style, or may contain multiple colors
and/or styles.
The merchandise subject to this order
does not have specific classification
numbers assigned to them under the
Harmonized Tariff Schedule of the
United States (HTSUS). Subject
merchandise may be under one or more
of several different subheadings,
including: 4802.30; 4802.54; 4802.61;
4802.62; 4802.69; 4804.31.1000;
4804.31.2000; 4804.31.4020;
4804.31.4040; 4804.31.6000; 4804.39;
4805.91.1090; 4805.91.5000;
4805.91.7000; 4806.40; 4808.30;
4808.90; 4811.90; 4823.90; 4820.50.00;
4802.90.00; 4805.91.90; 9505.90.40. The
tariff classifications are provided for
convenience and customs purposes;
however, the written description of the
scope of this order is dispositive.3
Excluded from the scope of this order
are the following tissue paper products:
(1) Tissue paper products that are
coated in wax, paraffin, or polymers, of
a kind used in floral and food service
applications; (2) tissue paper products
that have been perforated, embossed, or
die–cut to the shape of a toilet seat, i.e.,
disposable sanitary covers for toilet
seats; (3) toilet or facial tissue stock,
towel or napkin stock, paper of a kind
used for household or sanitary
purposes, cellulose wadding, and webs
of cellulose fibers (HTSUS
4803.00.20.00 and 4803.00.40.00).
mmaher on PROD1PC70 with NOTICES
Scope of the Antidumping Duty Order
All issues raised in the briefs are
addressed in the Memorandum to David
M. Spooner, Assistant Secretary for
Import Administration, regarding Issues
and Decision Memorandum for the
Final Results in the First Administrative
Review of Certain Tissue Paper Products
from the People’s Republic of China,
dated October 9, 2007 (Issues and
Decision Memorandum), which is
hereby adopted by this notice. A list of
the issues raised, all of which are in the
Issues and Decision Memorandum, is
attached to this notice as Appendix I.
Parties can find a complete discussion
of all issues raised in the briefs and the
corresponding recommendations in this
public memorandum, which is on file in
the Central Records Unit (CRU), room
B–099 of the Department of Commerce.
In addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the Internet at
https://ia.ita.doc.gov/. The paper copy
and electronic version of the Issues and
Decision Memorandum are identical in
content.
3 On January 30, 2007, at the direction of U.S.
Customs and Border Protection (CBP), the
Department added the following HTSUS
classifications to the AD/CVD module for tissue
paper: 4802.54.3100, 4802.54.6100, and
4823.90.6700. However, we note that the six-digit
classifications for these numbers were already listed
in the scope.
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04:12 Oct 16, 2007
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Partial Rescission of Administrative
Review
In the Preliminary Results, the
Department issued a notice of intent to
rescind this administrative review with
respect to the Sansico Group and
Quijiang. We stated in the Preliminary
Results that we would solicit additional
information prior to the final results of
this review from the Sansico Group to
confirm the veracity of its no shipment
claims. See Preliminary Results, 72 FR
at 17480. Based on our analysis of
information and comments received
from interested parties on this issue,
including a verification of the Sansico
Group, the Department has determined
to rescind this review with regard to the
Sansico Group. See Issues and Decision
Memorandum at Comment 3 for further
discussion on this issue.
The Department did not receive
comments on the preliminary decision
to rescind this review with regard to
Quijiang. See Preliminary Results, 72 FR
at 17480. As the Department has no
evidence to challenge this finding, the
Department is rescinding this
administrative review with respect to
Quijiang.4
Finally, due to information
discovered at verification and our
analysis of information and comments
4 The Department notes that Quijiang is currently
subject to an anti-circumvention inquiry in tissue
paper from the PRC. See Certain Tissue Paper
Products from the People’s Republic of China:
Initiation of Anti-circumvention Inquiry, 71 FR
53662 (September 12, 2006).
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received from interested parties on this
issue, the Department has made a final
determination to rescind this review
with regard to Samsam. The Department
has concluded that the single sale made
by Samsam during the POR was not a
bona fide commercial transaction.
Specifically, the price, quantity, and
timing of the sale, taken into
consideration with the unique
circumstances of the transaction, have
led the Department to conclude that this
was not a legitimate commercial
transaction. Accordingly, the
Department is rescinding the review
with respect to Samsam. For an in–
depth discussion on this issue, see
Comment 4 of the Issues and Decision
Memorandum; see also Memorandum to
James C. Doyle, Director, AD/CVD
Operations, Office 9, regarding The
Bona Fides Analysis of Samsam
Productions, Ltd.; Guangzhou Baxi
Printing Products, Ltd.; Guilin Samsam
Paper Products, Ltd.; and St. Clair
Pakwell (collectively ‘‘Samsam’’) in the
First Administrative of Certain Tissue
Paper Products from the People’s
Republic of China, dated October 9,
2007.
Separate Rates
Max Fortune requested a separate,
company–specific antidumping duty
rate. In the Preliminary Results, we
found that Max Fortune met the criteria
for the application of a separate
antidumping duty rate. See Preliminary
Results, 72 FR at 17480. The
Department did not receive comments
on this issue prior to these final results.
Moreover, we have not received any
information since the Preliminary
Results with respect to Max Fortune that
would warrant reconsideration of our
separate–rates determination with
respect to this company. Therefore, we
have assigned an individual dumping
margin to Max Fortune for this review
period.
Use of Facts Otherwise Available and
the PRC–Wide Rate
In the Preliminary Results, we found
that China National, Hong Ye,
Chengxiang, Kepsco, and Giftworld did
not respond in a complete and timely
manner to the Department’s requests for
information, and hence do not qualify
for separate rates. Rather, we found that
China National, Hong Ye, Chengxiang,
Kepsco, and Giftworld are appropriately
considered to be part of the PRC–wide
entity, subject to the PRC–wide rate. See
Preliminary Results, 72 FR at 17480–
17481. The Department did not receive
comments on this issue prior to these
final results.
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mmaher on PROD1PC70 with NOTICES
The Department also did not receive
comments on its preliminary
determination to apply adverse facts
available (AFA) to the PRC–wide entity
(including China National, Hong Ye,
Chengxiang, Kepsco, and Giftworld) and
has no evidence to challenge this
finding. Therefore, we have not altered
our decision to apply total AFA to the
PRC–wide entity (including China
National, Hong Ye, Chengxiang, Kepsco,
and Giftworld) for these final results, in
accordance with sections 776(a)(2)(A)
and (B) and section 776(b) of the Tariff
Act of 1930, as amended (the Act). See
id. for a complete discussion of the
Department’s decision to apply total
AFA to the PRC–wide entity (including
China National, Hong Ye, Chengxiang,
Kepsco, and Giftworld).
Changes since the Preliminary Results
Based on comments received from the
interested parties and findings at
verification, we have made the
following company–specific changes to
Max Fortune’s margin calculation. 1)
The Department revised certain of Max
Fortune’s freight and insurance
expenses. See Max Fortune Sales
Verification Report at 2 and 20. 2) The
Department did not deduct domestic
insurance expenses from Max Fortune’s
sales. See Max Fortune Sales
Verification Report at 2 and 20. 3) The
Department subtracted certain billing
adjustments from Max Fortune’s U.S.
sales. See Issues and Decision
Memorandum, at Comment 7, and Max
Fortune Sales Verification Report at 2
and 16–17.
Section 776(a)(2) of the Act provides
that if an interested party: (A)
Withholds information that has been
requested by the Department; (B) fails to
provide such information in a timely
manner or in the form or manner
requested, subject to subsections
782(c)(1) and 782(e) of the Act; (C)
significantly impedes a determination
under the antidumping statute; or (D)
provides such information but the
information cannot be verified, the
Department shall, subject to subsection
782(d) of the Act, use facts otherwise
available in reaching the applicable
determination.
Section 776(b) of the Act states that if
the administering authority finds that an
interested party has not acted to the best
of its ability to comply with a request
for information, the administering
authority may, in reaching its
determination, use an inference that is
adverse to that party. The adverse
inference may be based upon: (1) The
petition, (2) a final determination in the
investigation under this title, (3) any
previous review under section 751 or
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04:12 Oct 16, 2007
Jkt 214001
determination under section 753, or (4)
any other information placed on the
record.
For the final results, in accordance
with sections 776(a)(2) and 776(b) of the
Act, the Department has determined
that Max Fortune did not act to the best
of its ability in providing necessary
information involving missing sale(s)
and certain sale(s) discounts, as found at
verification, with respect to Max
Fortune’s U.S. sales database. See Issues
and Decision Memorandum, at
Comment 7, and Max Fortune Sales
Verification Report at 2 and 14 and 18–
19. Thus, as partial AFA the Department
has applied the PRC–wide rate of 112.64
percent to the missing sale and
incorporated the sale into Max Fortune’s
margin calculation. See Memorandum
to the File, regarding Certain Tissue
Paper from the People’s Republic of
China (PRC): Max Fortune Industrial
Limited and Max Fortune (FETDE)
Paper Products Co., Ltd. (collectively,
Max Fortune) Analysis Memorandum
for the Final Results of Review, dated
October 9, 2007 (Max Fortune Analysis
Memo). Because the Department used
secondary information in this partial
AFA determination, the Department
corroborated the secondary information
in accordance with section 776(c) of the
Act and determined the PRC wide rate
to be both reliable and relevant. See
Issues and Decision Memorandum, at
Comment 7.
Also, as facts available, the
Department has used information on the
record to apply one sales discount to all
of Max Fortune’s sales of subject
merchandise to a certain U.S. customer.
As partial AFA, the Department has
calculated a second discount using an
adverse value and also applied the
discount to all of Max Fortune’s sales of
subject merchandise to a certain U.S.
customer, regardless of whether each
sale was subject to the discount. See
Max Fortune Analysis Memo. Because
the Department used information
gathered in the course of the instant
review for the facts available and the
partial AFA discount determinations,
there was no need for the Department to
corroborate the information used,
pursuant to section 776(c) of the Act.
See Issues and Decision Memorandum,
at Comment 7.
For the final results, we also revised
our calculation of surrogate financial
ratios for factory overhead, and used the
revised ratio in our margin calculation.
See Issues and Decision Memorandum,
at Comment 2. See also Memorandum to
the File, regarding Factors of Production
Valuation Memorandum for the Final
Results of Antidumping Administrative
Review of Certain Tissue Paper Products
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58645
from the People’s Republic of China,
dated October 9, 2007.
Final Results of Review
We determine that the following
antidumping duty margins exist:
CERTAIN TISSUE PAPER FROM THE
PRC
Individually Reviewed Exporters
Max Fortune Industrial
Ltd. ............................
PRC–Wide Rate.
PRC–Wide Rate (including China National, Hong Ye,
Chengxiang, Kepsco,
and Giftworld) ............
0.07%
112.64%
For details on the calculation of the
antidumping duty weighted–average
margin for Max Fortune, see Max
Fortune Analysis Memo. A public
version of this memorandum is on file
in the CRU.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b), the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries. The Department
intends to issue assessment instructions
to CBP 15 days after the date of
publication of these final results of
review. For assessment purposes, where
possible, we calculated importer–
specific assessment rates for tissue
paper from the PRC via ad valorem duty
assessment rates based on the ratio of
the total amount of the dumping
margins calculated for the examined
sales to the total entered value of those
same sales. We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of these final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) For Max
Fortune, the Department has calculated
a de minimus margin for these final
results, and therefore no cash deposit
will be required for this company; (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 recent period; (3) for all PRC
exporters of subject merchandise that
E:\FR\FM\16OCN1.SGM
16OCN1
58646
Federal Register / Vol. 72, No. 199 / Tuesday, October 16, 2007 / Notices
have not been found to be entitled to a
separate rate, including those
companies for which this review has
been rescinded, the cash deposit rate
will be the PRC–wide rate of 112.64
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 exporters that
supplied that non–PRC exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Interested Parties
This notice also serves as the final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
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 Secretary’s
presumption that reimbursement of
antidumping duties occurred and in the
subsequent assessment of double
antidumping duties.
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return/destruction or conversion to
judicial protective order of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Failure to comply is a violation of the
APO.
This administrative review and this
notice are published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: October 9, 2007.
David M. Spooner,
Assistant Secretaryfor Import Administration.
APPENDIX I
General Issues
Comment 1: Zeroing
Comment 2: Classification of Expenses
in Financial Ratios
Company–Specific Issues
Sansico Group–Related Issues
Comment 3: Rescission of The Sansico
Group
mmaher on PROD1PC70 with NOTICES
Samsam–Related Issues
Comment 4a: Application of Adverse
Facts Available based on Verification
Findings
Comment 4b: Verification Findings
Comment 5: Other Verification Findings
Comment 6: Clerical Errors in
Preliminary Results
VerDate Aug<31>2005
04:12 Oct 16, 2007
Jkt 214001
Max Fortune–Related Issues
Comment 7: Application of Adverse
Facts Available based on Verification
Findings
[FR Doc. E7–20349 Filed 10–15–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
International Trade
Administration, Department of
Commerce.
ACTION: Notice of Issuance of an Export
Trade Certificate of Review, Application
No. 07–00001.
AGENCY:
On October 10, 2007, the U.S.
Department of Commerce issued an
Export Trade Certificate of Review to
East International Holdings, LLC
(‘‘EIH’’). This notice summarizes the
conduct for which certification has been
granted.
FOR FURTHER INFORMATION CONTACT:
Jeffrey C. Anspacher, Director, Export
Trading Company Affairs, International
Trade Administration, by telephone at
(202) 482–5131 (this is not a toll-free
number), or by E-mail at
oetca@ita.doc.gov.
SUPPLEMENTARY INFORMATION: Title III of
the Export Trading Company Act of
1982 (15 U.S.C. Sections 4001–21)
authorizes the Secretary of Commerce to
issue Export Trade Certificates of
Review. The regulations implementing
Title III are found at 15 CFR Part 325
(2006).
Export Trading Company Affairs
(‘‘ETCA’’) is issuing this notice pursuant
to 15 CFR 325.6(b), which requires the
U.S. Department of Commerce to
publish a summary of the certification
in the Federal Register. Under Section
305(a) of the Act and 15 CFR 325.11(a),
any person aggrieved by the Secretary’s
determination may, within 30 days of
the date of this notice, bring an action
in any appropriate district court of the
United States to set aside the
determination on the ground that the
determination is erroneous.
SUMMARY:
Description of Certified Conduct
Export Trade
1. Products: All products.
2. Services: All services.
3. Technology Rights: Technology
Rights, including, but not limited to,
patents, trademarks, copyrights and
trade secrets that relate to Products and
Services.
4. Export Trade Facilitation Services
(as they relate to the Export of Products,
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
Services and Technology Rights): Export
Trade Facilitation Services, including,
but not limited to, professional services
in the areas of government relations and
assistance with state and federal
programs; foreign trade and business
protocol; consulting; market research
and analysis; collection of information
on trade opportunities; marketing;
negotiations; joint ventures; shipping;
export management; export licensing;
advertising; documentation and services
related to compliance with customs
requirements; insurance and financing;
trade show exhibitions; organizational
development; management and labor
strategies; transfer of technology;
transportation services; and facilitating
the formation of shippers’ associations.
Export Markets
The Export Markets include all parts
of the world except the United States
(the fifty states of the United States, the
District of Columbia, the
Commonwealth of Puerto Rico, the
Virgin Islands, American Samoa, Guam,
the Commonwealth of the Northern
Mariana Islands, and the Trust Territory
of the Pacific Islands).
Export Trade Activities and Methods of
Operation
1. With respect to the sale of Products
and Services, licensing of Technology
Rights, and provision of Export Trade
Facilitation Services, EIH may:
a. Provide and/or arrange for the
provisions of Export Trade Facilitation
Services;
b. Engage in promotional and
marketing activities and collect
information on trade opportunities in
the Export Markets and distribute such
information to clients;
c. Enter into exclusive and/or nonexclusive licensing and/or sales
agreements with Suppliers for the
export of Products, Services, and/or
Technology Rights to Export Markets;
d. Enter into exclusive and/or nonexclusive agreements with distributors
and/or sales representatives in Export
Markets;
e. Allocate export sales or divide
Export Markets among Suppliers for the
sale and/or licensing of Products,
Services, and/or Technology Rights;
f. Allocate export orders among
Suppliers;
g. Establish the price of Products,
Services, and/or Technology Rights for
sales and/or licensing in Export
Markets;
h. Negotiate, enter into, and/or
manage licensing agreements for the
export of Technology Rights; and
i. Enter into contracts for shipping.
E:\FR\FM\16OCN1.SGM
16OCN1
]]>Agencies
[Federal Register Volume 72, Number 199 (Tuesday, October 16, 2007)]
[Notices]
[Pages 58642-58646]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20349]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-570-894
Certain Tissue Paper Products from the People's Republic of
China: Final Results and Final Rescission, In Part, of Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On April 9, 2007, the U.S. Department of Commerce (the
Department) published the preliminary results of the first
administrative review of the antidumping duty order on certain tissue
paper products (tissue paper) from the People's Republic of China
(PRC). See Certain Tissue Paper Products from the People's Republic of
China: Preliminary Results and Preliminary Rescission, In Part, of
Antidumping Duty Administrative Review, 72 FR 17477, (April 9, 2007)
(Preliminary Results). This review covers the following exporters and/
or producer/exporters: (1) Max Fortune Industrial Limited and Max
Fortune (FETDE) Paper Products Co., Ltd. (collectively, Max Fortune);
(2) Samsam Productions Ltd. and Guangzhou Baxi Printing Products Co.,
Ltd. (Guangzhou Baxi) (collectively, Samsam); (3) Foshan Sansico Co.,
Ltd., PT Grafitecindo Ciptaprima, PT Printec Perkasa, PT Printec
Perkasa II, PT Sansico Utama, Sansico Asia Pacific Limited
(collectively, the Sansico Group); (4) Vietnam Quijiang Paper Co., Ltd.
(Quijiang); (5) China National Aero-Technology Import & Export Xiamen
Corp. (China National); (6) Putian City Hong Ye Paper Products Co.,
Ltd. (Hong
[[Page 58643]]
Ye); (7) Putian City Chengxiang Qu Li Feng (Chengxiang); (8) Kepsco,
Inc. (Kepsco); and (9) Giftworld Enterprise Co., Ltd. (Giftworld). The
period of review (POR) is September 21, 2004, through February 28,
2006. Based on our analysis of the comments received and verification
findings, we have made changes to certain surrogate values and to Max
Fortune's margin. In addition, we have determined to rescind this
review with respect to Samsam. Therefore, the final results differ from
the Preliminary Results. We are also rescinding this review with
respect to the Sansico Group and Quijiang.
EFFECTIVE DATE: October 16, 2007.
FOR FURTHER INFORMATION CONTACT: Kristina Horgan or Bobby Wong, AD/CVD
Operations, Office 9, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
8173 or (202) 482-0409, respectively.
SUPPLEMENTARY INFORMATION:
Background
We published the preliminary results of the first administrative
review on April 9, 2007, in the Federal Register. See Preliminary
Results. Since the Preliminary Results, the following events have
occurred:
On April 11, 2007, Seaman Paper Company of Massachusetts
(petitioner) submitted comments on the Department's April 2, 2007,
memorandum concerning telephone conversations with U.S. representatives
of two producers of papermaking machines. On April 19, 2007, we issued
a memorandum stating that the Department would postpone the briefing
schedule for the final results until verification reports were issued
for Max Fortune and Samsam. On April 23, 2007, the Sansico Group filed
comments responding to petitioner's April 11, 2007, submission. On May
2, 2007, the Department issued a second supplemental questionnaire to
the Sansico Group. On May 3, 2007, petitioner submitted comments on the
Sansico Group's April 23, 2007, submission. On May 9, 2007, both
petitioner and the Sansico Group requested a hearing.
From May 7 through May 9, 2007, the Department conducted a
verification of Max Fortune's factors of production information at its
facilities in Fujian, Fuzhou, PRC, while on May 11 and May 14, 2007,
the Department conducted a verification of Max Fortune's sales
information at its facilities in Hong Kong. See Memorandum to the File,
regarding Verification of the Factors Responses of Max Fortune (FETDE)
Paper Products Co., Ltd. (MFPP) in the Antidumping Duty Review of
Certain Tissue Paper from the People's Republic of China, dated July
12, 2007. See also Memorandum to the File, regarding Verification of
the Sales Responses of Max Fortune Industrial Limited in the
Antidumping Duty Review of Certain Tissue Paper from the People's
Republic of China, dated July 12, 2007 (Max Fortune Sales Verification
Report).
On May 15, 2007, the Department verified the sales responses of
Samsam at its facilities in Hong Kong. From May 16 to May 18, 2007, the
Department verified the factors of production responses of Guangzhou
Baxi at its facilities in Guangzhou, PRC, and on May 19, 2007, the
Department verified the factors of production responses of Guilin
Samsam Paper Products Ltd. (Guilin Samsam) at its facilities in Guilin,
PRC. On May 21, 2007, the Department verified the sales responses of
Samsam Premiums Ltd. (St. Clair Pakwell) at its facilities in Orange,
CA. See Memorandum to the File, regarding Verification of the Sales &
Factors Responses of Samsam Productions Limited in the Antidumping Duty
Review of Certain Tissue Paper Products from the People's Republic of
China, dated July 12, 2007. See also Memorandum to the File, regarding
Verification of the Factors Responses of Guangzhou Baxi Productions
Limited and Guilin Samsam Paper Products Ltd. in the Antidumping Duty
Review of Certain Tissue Paper Products from the People's Republic of
China, dated July 12, 2007. See also Memorandum to the File, regarding
Verification of the Sales Responses of Samsam Premiums Ltd. (d.b.a. St.
Clair Pakwell) in the Antidumping Duty Review of Certain Tissue Paper
Products from the People's Republic of China, dated July 12, 2007.
On May 18, 2007, the Sansico Group responded to the comments
submitted by petitioner on May 3, 2007, while on May 22, 2007, we
received the supplemental questionnaire response from the Sansico
Group. On June 22, 2007, the Department spoke via telephone with
counsel for the Sansico Group about the verification of its
unaffiliated supplier, scheduled for June 27, 2007. In this
conversation, counsel for the Sansico Group informed the Department
that the Sansico Group's unaffiliated supplier would not permit
verification of all the information and sources of information listed
in the Department's June 15, 2007, verification outline. The Sansico
Group also placed a letter on the record, dated June 22, 2007,
outlining the limited procedures to which its unaffiliated supplier
would agree, if the Department's verifiers wished to visit the
supplier's facilities. On June 22, 2007, the Department informed the
Sansico Group that it would proceed with verification of the Sansico
Group but would not visit the facilities of its unaffiliated supplier
if the Department would not be allowed to verify the supplier's books
and records for the POR.\1\
---------------------------------------------------------------------------
\1\ See Memorandum to the File, regarding Telephone Call
Regarding Verification of Sansico Group's Indonesian Supplier, dated
June 25, 2007.
---------------------------------------------------------------------------
On June 25, 2007, the Department verified the ``no shipment''
responses of the Sansico Group in Jakarta, Indonesia, at the production
facilities of PT Printec Perkasa. See Memorandum to James C. Doyle,
Director, AD/CVD Operations, Office 9, regarding Verification of Sales
Response of The Sansico Group in the Antidumping Duty Administrative
Review of Certain Tissue Paper From the People's Republic of China,
dated July 13, 2007.
On July 13, 2007, we invited parties to comment on our Preliminary
Results. On July 20, 2007, the Sansico Group requested a seven-day
extension of the deadline to submit rebuttal briefs, and on July 25,
2007, the Department granted that request. On July 31, 2007, the
Department requested that the Sansico Group place on the record the
Indonesian law stating that special permission is needed to audit the
financial records of state-owned companies, as described in the Sansico
Group's letter to the Department dated July 30, 2007.\2\ On August 1,
2007, the Sansico Group placed this information on the record.
---------------------------------------------------------------------------
\2\ See Letter to the Secretary from the Sansico Group,
regarding Response to Department's Request During the Verification
of Sansico Group in Certain Tissue Paper Products from the People's
Republic of China (July 30, 2007).
---------------------------------------------------------------------------
On August 3, 2007, we received case briefs from Max Fortune, the
Sansico Group, and Target Corporation, an interested party to this
proceeding. On August 6, 2007, we received case briefs from petitioner
and Samsam. On August 16, 2007, Max Fortune requested a one-day
extension of the deadline to submit rebuttal briefs, and on August 16,
2007, the Department granted that request. We received rebuttal briefs
from petitioner, Max Fortune, and Samsam on August 20, 2007. On August
21, 2007, we received one additional rebuttal brief from petitioner and
a rebuttal brief from the Sansico Group. On August 22, 2007, both
petitioner and the Sansico Group submitted letters withdrawing their
separate requests for a hearing.
[[Page 58644]]
Scope of the Antidumping Duty Order
The tissue paper products subject to this order are cut-to-length
sheets of tissue paper having a basis weight not exceeding 29 grams per
square meter. Tissue paper products subject to this order may or may
not be bleached, dye-colored, surface-colored, glazed, surface
decorated or printed, sequined, crinkled, embossed, and/or die cut. The
tissue paper subject to this order is in the form of cut-to-length
sheets of tissue paper with a width equal to or greater than one-half
(0.5) inch. Subject tissue paper may be flat or folded, and may be
packaged by banding or wrapping with paper or film, by placing in
plastic or film bags, and/or by placing in boxes for distribution and
use by the ultimate consumer. Packages of tissue paper subject to this
order may consist solely of tissue paper of one color and/or style, or
may contain multiple colors and/or styles.
The merchandise subject to this order does not have specific
classification numbers assigned to them under the Harmonized Tariff
Schedule of the United States (HTSUS). Subject merchandise may be under
one or more of several different subheadings, including: 4802.30;
4802.54; 4802.61; 4802.62; 4802.69; 4804.31.1000; 4804.31.2000;
4804.31.4020; 4804.31.4040; 4804.31.6000; 4804.39; 4805.91.1090;
4805.91.5000; 4805.91.7000; 4806.40; 4808.30; 4808.90; 4811.90;
4823.90; 4820.50.00; 4802.90.00; 4805.91.90; 9505.90.40. The tariff
classifications are provided for convenience and customs purposes;
however, the written description of the scope of this order is
dispositive.\3\
---------------------------------------------------------------------------
\3\ On January 30, 2007, at the direction of U.S. Customs and
Border Protection (CBP), the Department added the following HTSUS
classifications to the AD/CVD module for tissue paper: 4802.54.3100,
4802.54.6100, and 4823.90.6700. However, we note that the six-digit
classifications for these numbers were already listed in the scope.
---------------------------------------------------------------------------
Excluded from the scope of this order are the following tissue
paper products: (1) Tissue paper products that are coated in wax,
paraffin, or polymers, of a kind used in floral and food service
applications; (2) tissue paper products that have been perforated,
embossed, or die-cut to the shape of a toilet seat, i.e., disposable
sanitary covers for toilet seats; (3) toilet or facial tissue stock,
towel or napkin stock, paper of a kind used for household or sanitary
purposes, cellulose wadding, and webs of cellulose fibers (HTSUS
4803.00.20.00 and 4803.00.40.00).
Analysis of Comments Received
All issues raised in the briefs are addressed in the Memorandum to
David M. Spooner, Assistant Secretary for Import Administration,
regarding Issues and Decision Memorandum for the Final Results in the
First Administrative Review of Certain Tissue Paper Products from the
People's Republic of China, dated October 9, 2007 (Issues and Decision
Memorandum), which is hereby adopted by this notice. A list of the
issues raised, all of which are in the Issues and Decision Memorandum,
is attached to this notice as Appendix I. Parties can find a complete
discussion of all issues raised in the briefs and the corresponding
recommendations in this public memorandum, which is on file in the
Central Records Unit (CRU), room B-099 of the Department of Commerce.
In addition, a complete version of the Issues and Decision Memorandum
can be accessed directly on the Internet at https://ia.ita.doc.gov/. The
paper copy and electronic version of the Issues and Decision Memorandum
are identical in content.
Partial Rescission of Administrative Review
In the Preliminary Results, the Department issued a notice of
intent to rescind this administrative review with respect to the
Sansico Group and Quijiang. We stated in the Preliminary Results that
we would solicit additional information prior to the final results of
this review from the Sansico Group to confirm the veracity of its no
shipment claims. See Preliminary Results, 72 FR at 17480. Based on our
analysis of information and comments received from interested parties
on this issue, including a verification of the Sansico Group, the
Department has determined to rescind this review with regard to the
Sansico Group. See Issues and Decision Memorandum at Comment 3 for
further discussion on this issue.
The Department did not receive comments on the preliminary decision
to rescind this review with regard to Quijiang. See Preliminary
Results, 72 FR at 17480. As the Department has no evidence to challenge
this finding, the Department is rescinding this administrative review
with respect to Quijiang.\4\
---------------------------------------------------------------------------
\4\ The Department notes that Quijiang is currently subject to
an anti-circumvention inquiry in tissue paper from the PRC. See
Certain Tissue Paper Products from the People's Republic of China:
Initiation of Anti-circumvention Inquiry, 71 FR 53662 (September 12,
2006).
---------------------------------------------------------------------------
Finally, due to information discovered at verification and our
analysis of information and comments received from interested parties
on this issue, the Department has made a final determination to rescind
this review with regard to Samsam. The Department has concluded that
the single sale made by Samsam during the POR was not a bona fide
commercial transaction. Specifically, the price, quantity, and timing
of the sale, taken into consideration with the unique circumstances of
the transaction, have led the Department to conclude that this was not
a legitimate commercial transaction. Accordingly, the Department is
rescinding the review with respect to Samsam. For an in-depth
discussion on this issue, see Comment 4 of the Issues and Decision
Memorandum; see also Memorandum to James C. Doyle, Director, AD/CVD
Operations, Office 9, regarding The Bona Fides Analysis of Samsam
Productions, Ltd.; Guangzhou Baxi Printing Products, Ltd.; Guilin
Samsam Paper Products, Ltd.; and St. Clair Pakwell (collectively
``Samsam'') in the First Administrative of Certain Tissue Paper
Products from the People's Republic of China, dated October 9, 2007.
Separate Rates
Max Fortune requested a separate, company-specific antidumping duty
rate. In the Preliminary Results, we found that Max Fortune met the
criteria for the application of a separate antidumping duty rate. See
Preliminary Results, 72 FR at 17480. The Department did not receive
comments on this issue prior to these final results. Moreover, we have
not received any information since the Preliminary Results with respect
to Max Fortune that would warrant reconsideration of our separate-rates
determination with respect to this company. Therefore, we have assigned
an individual dumping margin to Max Fortune for this review period.
Use of Facts Otherwise Available and the PRC-Wide Rate
In the Preliminary Results, we found that China National, Hong Ye,
Chengxiang, Kepsco, and Giftworld did not respond in a complete and
timely manner to the Department's requests for information, and hence
do not qualify for separate rates. Rather, we found that China
National, Hong Ye, Chengxiang, Kepsco, and Giftworld are appropriately
considered to be part of the PRC-wide entity, subject to the PRC-wide
rate. See Preliminary Results, 72 FR at 17480-17481. The Department did
not receive comments on this issue prior to these final results.
[[Page 58645]]
The Department also did not receive comments on its preliminary
determination to apply adverse facts available (AFA) to the PRC-wide
entity (including China National, Hong Ye, Chengxiang, Kepsco, and
Giftworld) and has no evidence to challenge this finding. Therefore, we
have not altered our decision to apply total AFA to the PRC-wide entity
(including China National, Hong Ye, Chengxiang, Kepsco, and Giftworld)
for these final results, in accordance with sections 776(a)(2)(A) and
(B) and section 776(b) of the Tariff Act of 1930, as amended (the Act).
See id. for a complete discussion of the Department's decision to apply
total AFA to the PRC-wide entity (including China National, Hong Ye,
Chengxiang, Kepsco, and Giftworld).
Changes since the Preliminary Results
Based on comments received from the interested parties and findings
at verification, we have made the following company-specific changes to
Max Fortune's margin calculation. 1) The Department revised certain of
Max Fortune's freight and insurance expenses. See Max Fortune Sales
Verification Report at 2 and 20. 2) The Department did not deduct
domestic insurance expenses from Max Fortune's sales. See Max Fortune
Sales Verification Report at 2 and 20. 3) The Department subtracted
certain billing adjustments from Max Fortune's U.S. sales. See Issues
and Decision Memorandum, at Comment 7, and Max Fortune Sales
Verification Report at 2 and 16-17.
Section 776(a)(2) of the Act provides that if an interested party:
(A) Withholds information that has been requested by the Department;
(B) fails to provide such information in a timely manner or in the form
or manner requested, subject to subsections 782(c)(1) and 782(e) of the
Act; (C) significantly impedes a determination under the antidumping
statute; or (D) provides such information but the information cannot be
verified, the Department shall, subject to subsection 782(d) of the
Act, use facts otherwise available in reaching the applicable
determination.
Section 776(b) of the Act states that if the administering
authority finds that an interested party has not acted to the best of
its ability to comply with a request for information, the administering
authority may, in reaching its determination, use an inference that is
adverse to that party. The adverse inference may be based upon: (1) The
petition, (2) a final determination in the investigation under this
title, (3) any previous review under section 751 or determination under
section 753, or (4) any other information placed on the record.
For the final results, in accordance with sections 776(a)(2) and
776(b) of the Act, the Department has determined that Max Fortune did
not act to the best of its ability in providing necessary information
involving missing sale(s) and certain sale(s) discounts, as found at
verification, with respect to Max Fortune's U.S. sales database. See
Issues and Decision Memorandum, at Comment 7, and Max Fortune Sales
Verification Report at 2 and 14 and 18-19. Thus, as partial AFA the
Department has applied the PRC-wide rate of 112.64 percent to the
missing sale and incorporated the sale into Max Fortune's margin
calculation. See Memorandum to the File, regarding Certain Tissue Paper
from the People's Republic of China (PRC): Max Fortune Industrial
Limited and Max Fortune (FETDE) Paper Products Co., Ltd. (collectively,
Max Fortune) Analysis Memorandum for the Final Results of Review, dated
October 9, 2007 (Max Fortune Analysis Memo). Because the Department
used secondary information in this partial AFA determination, the
Department corroborated the secondary information in accordance with
section 776(c) of the Act and determined the PRC wide rate to be both
reliable and relevant. See Issues and Decision Memorandum, at Comment
7.
Also, as facts available, the Department has used information on
the record to apply one sales discount to all of Max Fortune's sales of
subject merchandise to a certain U.S. customer. As partial AFA, the
Department has calculated a second discount using an adverse value and
also applied the discount to all of Max Fortune's sales of subject
merchandise to a certain U.S. customer, regardless of whether each sale
was subject to the discount. See Max Fortune Analysis Memo. Because the
Department used information gathered in the course of the instant
review for the facts available and the partial AFA discount
determinations, there was no need for the Department to corroborate the
information used, pursuant to section 776(c) of the Act. See Issues and
Decision Memorandum, at Comment 7.
For the final results, we also revised our calculation of surrogate
financial ratios for factory overhead, and used the revised ratio in
our margin calculation. See Issues and Decision Memorandum, at Comment
2. See also Memorandum to the File, regarding Factors of Production
Valuation Memorandum for the Final Results of Antidumping
Administrative Review of Certain Tissue Paper Products from the
People's Republic of China, dated October 9, 2007.
Final Results of Review
We determine that the following antidumping duty margins exist:
Certain Tissue Paper from the PRC
Individually Reviewed Exporters
Max Fortune Industrial Ltd.......................... 0.07%
PRC-Wide Rate.....................................
PRC-Wide Rate (including China National, Hong Ye, 112.64%
Chengxiang, Kepsco, and Giftworld).................
------------------------------------------------------------------------
For details on the calculation of the antidumping duty weighted-
average margin for Max Fortune, see Max Fortune Analysis Memo. A public
version of this memorandum is on file in the CRU.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
the Department will determine, and CBP shall assess, antidumping duties
on all appropriate entries. The Department intends to issue assessment
instructions to CBP 15 days after the date of publication of these
final results of review. For assessment purposes, where possible, we
calculated importer-specific assessment rates for tissue paper from the
PRC via ad valorem duty assessment rates based on the ratio of the
total amount of the dumping margins calculated for the examined sales
to the total entered value of those same sales. We will instruct CBP to
assess antidumping duties on all appropriate entries covered by this
review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results of this administrative review for
all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For Max Fortune,
the Department has calculated a de minimus margin for these final
results, and therefore no cash deposit will be required for this
company; (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 recent period; (3) for all PRC exporters of subject merchandise
that
[[Page 58646]]
have not been found to be entitled to a separate rate, including those
companies for which this review has been rescinded, the cash deposit
rate will be the PRC-wide rate of 112.64 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
exporters that supplied that non-PRC exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Interested Parties
This notice also serves as the final reminder to importers of their
responsibility under 19 CFR 351.402(f) 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 Secretary's presumption that
reimbursement of antidumping duties occurred and in the subsequent
assessment of double antidumping duties.
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO.
This administrative review and this notice are published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: October 9, 2007.
David M. Spooner,
Assistant Secretaryfor Import Administration.
APPENDIX I
General Issues
Comment 1: Zeroing
Comment 2: Classification of Expenses in Financial Ratios
Company-Specific Issues
Sansico Group-Related Issues
Comment 3: Rescission of The Sansico Group
Samsam-Related Issues
Comment 4a: Application of Adverse Facts Available based on
Verification Findings
Comment 4b: Verification Findings
Comment 5: Other Verification Findings
Comment 6: Clerical Errors in Preliminary Results
Max Fortune-Related Issues
Comment 7: Application of Adverse Facts Available based on Verification
Findings
[FR Doc. E7-20349 Filed 10-15-07; 8:45 am]
BILLING CODE 3510-DS-S
