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]

Download as PDF 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all shipments of subject merchandise from Shanghai Jinneng and Jiangxi Gangyuan entered, SILICON METAL FROM THE PRC or withdrawn from warehouse, for Weighted– consumption on or after the publication Average date, as provided by section 751 (a) (2) Manufacturer/Exporter Margin (C) of the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: VerDate Aug<31>2005 04:12 Oct 16, 2007 Jkt 214001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 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: E:\FR\FM\16OCN1.SGM 16OCN1 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, VerDate Aug<31>2005 04:12 Oct 16, 2007 Jkt 214001 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 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 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). E:\FR\FM\16OCN1.SGM 16OCN1 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 http://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. VerDate Aug<31>2005 04:12 Oct 16, 2007 Jkt 214001 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). PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 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. E:\FR\FM\16OCN1.SGM 16OCN1 Federal Register / Vol. 72, No. 199 / Tuesday, October 16, 2007 / Notices 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 VerDate Aug<31>2005 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 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 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]


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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 http://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