Notice of Final Determination of Sales at Less Than Fair Value: Sodium Nitrite from the People's Republic of China, 38984-38986 [E8-15488]
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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which are entered or withdrawn from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from the PRC, entered or withdrawn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
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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
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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).
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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).
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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.
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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:
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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
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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.
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]]>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
