Notice of Final Determination of Sales at Less Than Fair Value: Sodium Nitrite from the People's Republic of China, 38984-38986 [E8-15488]

Download as PDF 38984 Federal Register / Vol. 73, No. 131 / Tuesday, July 8, 2008 / Notices the total net countervailable subsidy rates to be: Producer/Exporter Subsidy Rate Shanxi Jiaocheng Hongxing Chemical Co., Ltd. (Shanxi Jiaocheng) ....................................................................... Tianjin Soda Plant Tianjin Port Free Trade Zone Pan Bohai International Trading Co., Ltd. (Tianjin Soda Plant) All Others ................................................................................................................................................................... ebenthall on PRODPC60 with NOTICES With respect to the all others rate, section 705(c)(5)(A)(ii) of the Act provides that if the countervailable subsidy rates established for all exporters and producers individually investigated are determined entirely in accordance with section 776 of the Act, the Department may use any reasonable method to establish an all others rate for exporters and producers not individually investigated. In this case, the rate established for the two mandatory respondents is based entirely on facts available under section 776 of the Act. There is no other information on the record upon which we could determine an all others rate. As a result, we have used the AFA rate assigned for Shanxi Jiaocheng and Tianjin Soda Plant as the all others rate. This method is consistent with the Department’s past practice. See e.g. Final Affirmative Countervailing Duty Determination: Certain Hot–Rolled Carbon Steel Flat Products From Argentina, 66 FR 37007, 37008 (July 16, 2001); see also Final Affirmative Countervailing Duty Determination: Prestressed Steel Wire Strand From India, 68 FR 68356, 68357 (December 8, 2003). Suspension of Liquidation and Cash Deposit Requirements In accordance with sections 705(c)(1)(B) of the Act, we directed U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of the subject merchandise from the PRC, which are entered or withdrawn from warehouse, for consumption on or after April 11, 2008, the date of publication of the Preliminary Determination. In accordance with sections 705(c)(1)(B) of the Act, we will instruct CBP to require cash deposits at the rates shown above on all entries of the subject merchandise from the PRC, entered or withdrawn from warehouse, for consumption on or after the date of publication of this final determination. If the ITC issues a final affirmative injury determination, we will issue a countervailing duty order under section 706(a) of the Act. If the ITC determines that material injury to, threat of material injury to, or material retardation of, the domestic industry does not exist, this proceeding will be terminated and all estimated duties deposited or securities VerDate Aug<31>2005 16:24 Jul 07, 2008 Jkt 214001 posted as a result of the suspension of liquidation will be refunded or canceled. ITC Notification In accordance with section 705(d) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all non– privileged and non–proprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Import Administration. Return or Destruction of Proprietary Information In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with section 351.305(a)(3) of the Department’s regulations. Failure to comply is a violation of the APO. This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act. Dated: June 30, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8–15479 Filed 7–7–08; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration (A–570–925) Notice of Final Determination of Sales at Less Than Fair Value: Sodium Nitrite from the People’s Republic of China Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: July 8, 2008. SUMMARY: The Department of Commerce (Department) determines that sodium AGENCY: PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 169.01% 169.01% 169.01% nitrite from the People’s Republic of China (PRC) is being, or is likely to be, sold in the United States at less than fair value (LTFV) as provided in section 735 of the Tariff Act of 1930, as amended (the Act). We made no changes to the preliminary dumping margin in this investigation. The final dumping margin for this investigation is listed in the ‘‘Final Determination Margin’’ section below. The period covered by this investigation is April 1, 2007, through September 30, 2007. FOR FURTHER INFORMATION CONTACT: Magd Zalok or Rebecca Pandolph, AD/ CVD Operations, Office 4 Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–4162 and (202) 482–3627, respectively. SUPPLEMENTARY INFORMATION: Background On April 23, 2008, the Department published in the Federal Register the notice of its preliminary determination of sales at LTFV in the antidumping duty investigation of sodium nitrite from the PRC. See Notice of Preliminary Determination of Sales at Less Than Fair Value: Sodium Nitrite from the People’s Republic of China, 73 FR 21906 (April 23, 2008) (Preliminary Determination). With respect to the Department’s invitation to comment on the Preliminary Determination, on May 23, 2008, General Chemical LLC (the petitioner) submitted a case brief. No other party submitted case or rebuttal briefs in this proceeding. Scope of the Investigation The merchandise covered by this investigation is sodium nitrite in any form, at any purity level. In addition, the sodium nitrite covered by this investigation may or may not contain an anti–caking agent. Examples of names commonly used to reference sodium nitrite are nitrous acid, sodium salt, anti–rust, diazotizing salts, erinitrit, and filmerine. The chemical composition of sodium nitrite is NaNO2 and it is generally classified under subheading 2834.10.1000 of the Harmonized Tariff Schedule of the United States (HTSUS). E:\FR\FM\08JYN1.SGM 08JYN1 38985 Federal Register / Vol. 73, No. 131 / Tuesday, July 8, 2008 / Notices ebenthall on PRODPC60 with NOTICES The American Chemical Society Chemical Abstract Service (CAS) has assigned the name ‘‘sodium nitrite’’ to sodium nitrite. The CAS registry number is 7632–00–0. While the HTSUS subheading, CAS registry number, and CAS name are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. Analysis of Comments Received In its May 23, 2008, case brief, the petitioner argues that the Department should base its final determination, like the Preliminary Determination, on adverse facts available (AFA) because the two mandatory respondents, Qingdao Hengyuan Chemical Co., Ltd. (Qingdao) and Hualong Ammonium Nitrate Company Ltd. (Hualong), did not submit responses to the Department’s questionnaire. In addition, the petitioner explains that it does not object to the preliminary AFA rate used by the Department (which is the highest margin alleged in the petition, as adjusted by the Department at initiation) because it believes the rate is consistent with both the dumping margins alleged in the petition and the dumping margins used for purposes of initiating the investigation. The petitioner notes that the Department’s practice is to base an AFA rate on the highest margin in a proceeding and here the highest margin is the most probative evidence of current margins because, if it were not, evidence showing the margins to be less would have been provided.1 See the May 23, 2008, submission, Sodium Nitrite from China: Case Brief of General Chemical LLC. The petitioner also notes that no party filed separate rate information in this investigation. Given the PRC’s status as a non–market economy (NME) country, and the lack of information on the record rebutting the Department’s presumption that all companies in the PRC are subject to government control, the petitioner argues that the rate applied to the PRC–wide entity cannot be lower than the rate applied to Qingdao and Hualong. See the May 23, 2008, submission, Sodium Nitrite from China: Case Brief of General Chemical LLC. We agree that the dumping margin in this case should be based on total AFA because the two mandatory respondents, Qingdao and Hualong, failed to respond to the Department’s questionnaire. Moreover, by not responding to the Department’s questionnaire, Qingdao and Hualong 1 See Rhone Poulenc, Inc. v. United States, 899 F.2d 1185, 1190 (Fed. Cir. 1990). VerDate Aug<31>2005 15:11 Jul 07, 2008 Jkt 214001 failed to establish their entitlement to separate rates, and thus they are part of the PRC–wide entity. Therefore, the AFA rate will be applied to the PRC– wide entity. See ‘‘The PRC–Wide Rate’’ section of this notice below for a full discussion of this topic. No Changes Since the Preliminary Determination Based on our analysis of the comments received, the Department has made no changes to its Preliminary Determination. Separate Rates No party filed separate rates information in this investigation. Therefore, as was the case in the Preliminary Determination, we have considered all PRC exporters of subject merchandise to be part of the PRC–wide entity. The PRC–Wide Rate Section 776(a)(2) of the Act provides that if an interested party withholds information requested by the Department, fails to provide information by the deadline or in the form or manner requested, or significantly impedes a proceeding, the Department shall use, subject to section 782(d) of the Act, facts otherwise available in reaching the applicable determination. Furthermore, in selecting from among the facts otherwise available, section 776(b) of the Act permits the Department to use inferences that are adverse to a party if it finds that the party failed to cooperate by not acting to the best of its ability to comply with a request for information. Because, as noted above, Qingdao and Hualong are part of the PRC–wide entity, and they withheld information that is required by the Department to calculate dumping margins, the Department continues to conclude that it is appropriate to base the PRC–wide entity’s dumping margin on facts available, pursuant to section 776(a) of the Act.2 Moreover, because Qingdao and Hualong did not respond to our request for information, we continue to find that the PRC–wide entity failed to cooperate to the best of its ability to comply with a request for information. Therefore, in selecting from among the facts otherwise available, an adverse inference is warranted. See, e.g., Notice of Final Determination of Sales at Less Than Fair Value: Circular Seamless Stainless Steel Hollow Products From Japan, 65 FR 42985, 42986 (July 12, 2 Section 782(d) of the Act is not applicable here because Qingdao and Hualong failed to provide any response to the Department’s request for information. PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 2000) (applying total adverse facts available because the respondent failed to respond to the antidumping questionnaire). For the reasons noted in the Preliminary Determination, we continue to find that the highest dumping margin from the petition, 190.74 percent, as revised by the Department, is the appropriate AFA rate in this case. See Preliminary Determination, 73 FR at 21907–21908. As explained in the Preliminary Determination, we corroborated this rate pursuant to section 776(c) of the Act. See Preliminary Determination, 73 FR at 21908. Since we begin with the presumption that all companies within an NME country are subject to government control, and no company submitted information to rebut that presumption, we are applying a single antidumping duty rate, the PRC–wide rate, to all exporters of subject merchandise from the PRC. See, e.g., Synthetic Indigo from the People’s Republic of China; Notice of Final Determination of Sales at Less Than Fair Value, 65 FR 25706, 25707 (May 3, 2000) (applying the PRC–wide rate to all exporters of subject merchandise in the PRC based on the presumption that the export activities of the companies that failed to respond to the Department’s questionnaire were controlled by the PRC government). Thus, the PRC–wide rate will apply to all entries of subject merchandise. Final Determination Margin We determine that the following weighted–average dumping margin exists for the period April 1, 2007, through September 30, 2007: Manufacturer/exporter Margin (percent) PRC–Wide Rate ........... 190.74 Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B)(ii) of the Act, we are directing U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all imports of subject merchandise that is entered or withdrawn from warehouse, for consumption on or after April 23, 2008, the date of publication of the Preliminary Determination in the Federal Register. We will instruct CBP to continue to require a cash deposit or the posting of a bond for all companies based on the estimated weighted– average dumping margin shown above. The suspension of liquidation instructions will remain in effect until further notice. E:\FR\FM\08JYN1.SGM 08JYN1 38986 Federal Register / Vol. 73, No. 131 / Tuesday, July 8, 2008 / Notices International Trade Commission Notification In accordance with section 735(d) of the Act, we have notified the International Trade Commission (ITC) of our final determination of sales at LTFV. As our final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will determine whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of the subject merchandise within 45 days of this final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding APO This notice also serves as a reminder to the parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This determination and notice are issued and published in accordance with sections 735(d) and 777(i)(1) of the Act. Dated: June 30, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8–15488 Filed 7–7–08; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration ebenthall on PRODPC60 with NOTICES A–428–841 Notice of Final Determination of Sales at Less Than Fair Value: Sodium Nitrite from the Federal Republic of Germany Import Administration, International Trade Administration, Department of Commerce. AGENCY: VerDate Aug<31>2005 15:11 Jul 07, 2008 Jkt 214001 SUMMARY: The U.S. Department of Commerce (the Department) determines that imports of sodium nitrite from the Federal Republic of Germany (Germany) are being, or are likely to be, sold in the United States at less than fair value (LTFV), as provided in section 735 of the Tariff Act of 1930, as amended (the Act). The final weighted–average dumping margins are listed below in the section entitled ‘‘Final Determination of Investigation.’’ EFFECTIVE DATE: July 8, 2008. FOR FURTHER INFORMATION CONTACT: Brian C. Smith or Gemal Brangman, AD/ CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482 1766 or (202) 482 3773, respectively. SUPPLEMENTARY INFORMATION: Background On April 23, 2008, the Department published the preliminary determination of sales at LTFV in the antidumping investigation of sodium nitrite from Germany. See Notice of Preliminary Determination of Sales at Less Than Fair Value: Sodium Nitrite from the Federal Republic of Germany, 73 FR 21909 (April 23, 2008) (Preliminary Determination). We invited parties to comment on the Preliminary Determination. We received case briefs from the petitioner, General Chemical LLC, and the respondent, BASF AG (BASF), on May 23, 2008. The petitioner submitted a rebuttal brief on May 28, 2008. No party requested a hearing. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this antidumping investigation are addressed in the ‘‘Issues and Decision Memorandum for the Final Determination in the Less–Than-Fair– Value Investigation of Sodium Nitrite from the Federal Republic of Germany’’ (Decision Memorandum) from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, dated June 30, 2008, which is hereby adopted by this notice. A list of the issues which parties have raised and to which we have responded is attached to this notice as an appendix. Parties can find a complete discussion of all issues raised in this investigation and the corresponding recommendations in the Decision Memorandum, which is on file in the Central Records Unit, room 1117, of the main Department Building. In addition, a complete version of the Decision Memorandum can be accessed PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 directly on the Web at https:// ia.ita.doc.gov/frn. The paper copy and electronic version of the Decision Memorandum are identical in content. Period of Investigation The period of investigation is October 1, 2006, through September 30, 2007. Scope of the Investigation The merchandise covered by this investigation is sodium nitrite in any form, at any purity level. In addition, the sodium nitrite covered by this investigation may or may not contain an anti–caking agent. Examples of names commonly used to reference sodium nitrite are nitrous acid, sodium salt, anti–rust, diazotizing salts, erinitrit, and filmerine. The chemical composition of sodium nitrite is NaNO2 and it is generally classified under subheading 2834.10.1000 of the Harmonized Tariff Schedule of the United States (HTSUS). The American Chemical Society Chemical Abstract Service (CAS) has assigned the name ‘‘sodium nitrite’’ to sodium nitrite. The CAS registry number is 7632–00–0. While the HTSUS subheading, CAS registry number, and CAS name are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. Adverse Facts Available For the final determination, we continue to find that, by failing to respond to the antidumping duty questionnaire, BASF, the sole mandatory respondent in this investigation, did not act to the best of its ability in this investigation. Therefore, the use of adverse facts available (AFA) is warranted for this company under sections 776(a)(2) and (b) of the Act. See Preliminary Determination, 73 FR at 21909–21910. As we explained in the Preliminary Determination, we selected as the AFA rate the highest margin alleged in the petition, 237.00 percent, as referenced in the notice of initiation. See Sodium Nitrite from the Federal Republic of Germany and the People’s Republic of China: Initiation of Antidumping Duty Investigations, 73 FR 68563, 68567 (December 5, 2007). Further, as discussed in the Preliminary Determination, we corroborated the AFA rate pursuant to section 776(c) of the Act. See Preliminary Determination, 73 FR at 21910–21912, and Comment 1 of the Decision Memorandum accompanying this notice for further discussion. E:\FR\FM\08JYN1.SGM 08JYN1

Agencies

[Federal Register Volume 73, Number 131 (Tuesday, July 8, 2008)]
[Notices]
[Pages 38984-38986]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15488]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-570-925)


Notice of Final Determination of Sales at Less Than Fair Value: 
Sodium Nitrite from the People's Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: July 8, 2008.
SUMMARY: The Department of Commerce (Department) determines that sodium 
nitrite from the People's Republic of China (PRC) is being, or is 
likely to be, sold in the United States at less than fair value (LTFV) 
as provided in section 735 of the Tariff Act of 1930, as amended (the 
Act). We made no changes to the preliminary dumping margin in this 
investigation. The final dumping margin for this investigation is 
listed in the ``Final Determination Margin'' section below. The period 
covered by this investigation is April 1, 2007, through September 30, 
2007.

FOR FURTHER INFORMATION CONTACT: Magd Zalok or Rebecca Pandolph, AD/CVD 
Operations, Office 4 Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
4162 and (202) 482-3627, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 23, 2008, the Department published in the Federal Register 
the notice of its preliminary determination of sales at LTFV in the 
antidumping duty investigation of sodium nitrite from the PRC. See 
Notice of Preliminary Determination of Sales at Less Than Fair Value: 
Sodium Nitrite from the People's Republic of China, 73 FR 21906 (April 
23, 2008) (Preliminary Determination).
    With respect to the Department's invitation to comment on the 
Preliminary Determination, on May 23, 2008, General Chemical LLC (the 
petitioner) submitted a case brief. No other party submitted case or 
rebuttal briefs in this proceeding.

Scope of the Investigation

    The merchandise covered by this investigation is sodium nitrite in 
any form, at any purity level. In addition, the sodium nitrite covered 
by this investigation may or may not contain an anti-caking agent. 
Examples of names commonly used to reference sodium nitrite are nitrous 
acid, sodium salt, anti-rust, diazotizing salts, erinitrit, and 
filmerine. The chemical composition of sodium nitrite is NaNO2 and it 
is generally classified under subheading 2834.10.1000 of the Harmonized 
Tariff Schedule of the United States (HTSUS).

[[Page 38985]]

The American Chemical Society Chemical Abstract Service (CAS) has 
assigned the name ``sodium nitrite'' to sodium nitrite. The CAS 
registry number is 7632-00-0.
    While the HTSUS subheading, CAS registry number, and CAS name are 
provided for convenience and customs purposes, the written description 
of the scope of this investigation is dispositive.

Analysis of Comments Received

    In its May 23, 2008, case brief, the petitioner argues that the 
Department should base its final determination, like the Preliminary 
Determination, on adverse facts available (AFA) because the two 
mandatory respondents, Qingdao Hengyuan Chemical Co., Ltd. (Qingdao) 
and Hualong Ammonium Nitrate Company Ltd. (Hualong), did not submit 
responses to the Department's questionnaire. In addition, the 
petitioner explains that it does not object to the preliminary AFA rate 
used by the Department (which is the highest margin alleged in the 
petition, as adjusted by the Department at initiation) because it 
believes the rate is consistent with both the dumping margins alleged 
in the petition and the dumping margins used for purposes of initiating 
the investigation. The petitioner notes that the Department's practice 
is to base an AFA rate on the highest margin in a proceeding and here 
the highest margin is the most probative evidence of current margins 
because, if it were not, evidence showing the margins to be less would 
have been provided.\1\ See the May 23, 2008, submission, Sodium Nitrite 
from China: Case Brief of General Chemical LLC.
---------------------------------------------------------------------------

    \1\ See Rhone Poulenc, Inc. v. United States, 899 F.2d 1185, 
1190 (Fed. Cir. 1990).
---------------------------------------------------------------------------

    The petitioner also notes that no party filed separate rate 
information in this investigation. Given the PRC's status as a non-
market economy (NME) country, and the lack of information on the record 
rebutting the Department's presumption that all companies in the PRC 
are subject to government control, the petitioner argues that the rate 
applied to the PRC-wide entity cannot be lower than the rate applied to 
Qingdao and Hualong. See the May 23, 2008, submission, Sodium Nitrite 
from China: Case Brief of General Chemical LLC.
    We agree that the dumping margin in this case should be based on 
total AFA because the two mandatory respondents, Qingdao and Hualong, 
failed to respond to the Department's questionnaire. Moreover, by not 
responding to the Department's questionnaire, Qingdao and Hualong 
failed to establish their entitlement to separate rates, and thus they 
are part of the PRC-wide entity. Therefore, the AFA rate will be 
applied to the PRC-wide entity. See ``The PRC-Wide Rate'' section of 
this notice below for a full discussion of this topic.

No Changes Since the Preliminary Determination

    Based on our analysis of the comments received, the Department has 
made no changes to its Preliminary Determination.

Separate Rates

    No party filed separate rates information in this investigation. 
Therefore, as was the case in the Preliminary Determination, we have 
considered all PRC exporters of subject merchandise to be part of the 
PRC-wide entity.

The PRC-Wide Rate

    Section 776(a)(2) of the Act provides that if an interested party 
withholds information requested by the Department, fails to provide 
information by the deadline or in the form or manner requested, or 
significantly impedes a proceeding, the Department shall use, subject 
to section 782(d) of the Act, facts otherwise available in reaching the 
applicable determination. Furthermore, in selecting from among the 
facts otherwise available, section 776(b) of the Act permits the 
Department to use inferences that are adverse to a party if it finds 
that the party failed to cooperate by not acting to the best of its 
ability to comply with a request for information. Because, as noted 
above, Qingdao and Hualong are part of the PRC-wide entity, and they 
withheld information that is required by the Department to calculate 
dumping margins, the Department continues to conclude that it is 
appropriate to base the PRC-wide entity's dumping margin on facts 
available, pursuant to section 776(a) of the Act.\2\
---------------------------------------------------------------------------

    \2\ Section 782(d) of the Act is not applicable here because 
Qingdao and Hualong failed to provide any response to the 
Department's request for information.
---------------------------------------------------------------------------

    Moreover, because Qingdao and Hualong did not respond to our 
request for information, we continue to find that the PRC-wide entity 
failed to cooperate to the best of its ability to comply with a request 
for information. Therefore, in selecting from among the facts otherwise 
available, an adverse inference is warranted. See, e.g., Notice of 
Final Determination of Sales at Less Than Fair Value: Circular Seamless 
Stainless Steel Hollow Products From Japan, 65 FR 42985, 42986 (July 
12, 2000) (applying total adverse facts available because the 
respondent failed to respond to the antidumping questionnaire). For the 
reasons noted in the Preliminary Determination, we continue to find 
that the highest dumping margin from the petition, 190.74 percent, as 
revised by the Department, is the appropriate AFA rate in this case. 
See Preliminary Determination, 73 FR at 21907-21908. As explained in 
the Preliminary Determination, we corroborated this rate pursuant to 
section 776(c) of the Act. See Preliminary Determination, 73 FR at 
21908.
    Since we begin with the presumption that all companies within an 
NME country are subject to government control, and no company submitted 
information to rebut that presumption, we are applying a single 
antidumping duty rate, the PRC-wide rate, to all exporters of subject 
merchandise from the PRC. See, e.g., Synthetic Indigo from the People's 
Republic of China; Notice of Final Determination of Sales at Less Than 
Fair Value, 65 FR 25706, 25707 (May 3, 2000) (applying the PRC-wide 
rate to all exporters of subject merchandise in the PRC based on the 
presumption that the export activities of the companies that failed to 
respond to the Department's questionnaire were controlled by the PRC 
government). Thus, the PRC-wide rate will apply to all entries of 
subject merchandise.

Final Determination Margin

    We determine that the following weighted-average dumping margin 
exists for the period April 1, 2007, through September 30, 2007:

------------------------------------------------------------------------
                Manufacturer/exporter                  Margin (percent)
------------------------------------------------------------------------
PRC-Wide Rate.......................................              190.74
------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B)(ii) of the Act, we are 
directing U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all imports of subject merchandise that is 
entered or withdrawn from warehouse, for consumption on or after April 
23, 2008, the date of publication of the Preliminary Determination in 
the Federal Register. We will instruct CBP to continue to require a 
cash deposit or the posting of a bond for all companies based on the 
estimated weighted-average dumping margin shown above. The suspension 
of liquidation instructions will remain in effect until further notice.

[[Page 38986]]

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (ITC) of our final determination of 
sales at LTFV. As our final determination is affirmative, in accordance 
with section 735(b)(2) of the Act, the ITC will determine whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports or sales (or the 
likelihood of sales) for importation of the subject merchandise within 
45 days of this final determination. If the ITC determines that 
material injury or threat of material injury does not exist, the 
proceeding will be terminated and all securities posted will be 
refunded or canceled. If the ITC determines that such injury does 
exist, the Department will issue an antidumping duty order directing 
CBP to assess antidumping duties on all imports of the subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the effective date of the suspension of liquidation.

Notification Regarding APO

    This notice also serves as a reminder to the parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. Timely written notification of 
return or destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and the terms of an APO is a sanctionable violation.
    This determination and notice are issued and published in 
accordance with sections 735(d) and 777(i)(1) of the Act.

    Dated: June 30, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-15488 Filed 7-7-08; 8:45 am]
BILLING CODE 3510-DS-S