Certain Tissue Paper Products From the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty Order, 57591-57594 [E8-22715]
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Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Notices
Conference Room 540, Washington, DC
20425. The purpose of the briefing
meeting is to review education issues
the District of Columbia.
Members of the public are invited to
offer comments—written comments
must be received in the Eastern Regional
Office by Monday, November 17, 2008.
The address is Eastern Regional Office,
624 Ninth Street, NW., Suite 740,
Washington, DC 20425. Persons wishing
to e-mail their comments or who desire
additional information should contact
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The meeting will be conducted
pursuant to the provisions of the rules
and regulations of the Commission and
FACA.
Dated in Washington, DC, September 30,
2008.
Christopher Byrnes,
Chief, Regional Programs Coordination Unit.
[FR Doc. E8–23435 Filed 10–2–08; 8:45 am]
BILLING CODE 6335–01–P
FOR FURTHER INFORMATION CONTACT:
Denise A. Yaag, Director, Office of
Executive Resources, Office of Human
Resources Management, Office of the
Director, 14th and Constitution Avenue,
NW., Washington, DC 20230, (202) 482–
3600.
The
names, position titles, and type of
appointment of the members of the OS/
PRB are set forth below by organization:
SUPPLEMENTARY INFORMATION:
Final Determination
We determine that certain tissue
paper products (‘‘tissue paper’’)
produced by Vietnam Quijiang Paper
Co., Ltd. (‘‘Quijiang’’) are circumventing
the antidumping duty order on tissue
paper from the People’s Republic of
China (‘‘PRC’’), as provided in section
781(b) of the Tariff Act of 1930, as
amended (‘‘the Act’’). See Notice of
Amended Final Determination of Sales
at Less than Fair Value and
Antidumping Duty Order: Certain
Tissue Paper Products from the People’s
Republic of China, 70 FR 16223 (March
30, 2005) (‘‘Order’’).
DATES: Effective Date: October 3, 2008.
FOR FURTHER INFORMATION CONTACT: Julia
Hancock, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–1394.
SUPPLEMENTARY INFORMATION:
Performance Review Board Membership
Office of the Secretary
Alicemary O. Leach, Director,
Executive Secretariat. Earl B. Neal,
Director, Office of Information
Technology, Security, Infrastructure,
and Technology.
Office of Assistant Secretary for
Administration
Fred Fanning, Director for
Administrative Services. Suzan J.
Aramaki, Director, Office of Civil Rights.
National Institute of Standards and
Technology
W. Todd Grams, Chief Financial
Officer for NIST.
National Oceanic and Atmospheric
Administration
Michael A. Levitt, Assistant General
Counsel for Legislation and Regulation.
Joan Maginnis, Assistant General
Counsel for Finance and Litigation
(Alternate).
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Certain Tissue Paper Products From
the People’s Republic of China:
Affirmative Final Determination of
Circumvention of the Antidumping
Duty Order
2008–2010
Department of Commerce.
Notice of Membership on the
Office of the Secretary Performance
Review Board.
SUMMARY: In accordance with 5 U.S.C.
4314(c)(4), Department of Commerce
(DOC) announces the appointment of
persons to serve as members of the
Office of the Secretary (OS) Performance
Review Board (PRB). The OS PRB is
responsible for reviewing performance
Ratings, pay adjustments and bonuses of
Senior Executive Service (SES)
members. The term of the new members
of the OS PRB will expire December 31,
2010.
DATES: Effective Date: The effective date
of service of appointees to the Office of
the Secretary Performance Review
Board is upon publication of this notice.
[A–570–894]
Office of the Secretary
Office of the General Counsel
ACTION:
International Trade Administration
Department of Commerce
Membership of the Office of the
Secretary Performance Review Board
AGENCY:
DEPARTMENT OF COMMERCE
Import Administration,
International Trade Administration,
Department of Commerce.
Daniel W. Stockton, Program
Executive Officer, National PolarOrbiting Operational Environmental
Satellite System.
DEPARTMENT OF COMMERCE
57591
Dated: September 24, 2008.
Denise A. Yaag,
Director, Office of Executive Resources.
[FR Doc. E8–23281 Filed 10–2–08; 8:45 am]
BILLING CODE 3510–BS–M
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AGENCY:
Background
On April 22, 2008, the Department of
Commerce (‘‘the Department’’)
published in the Federal Register the
affirmative preliminary determination
that certain tissue paper products
(‘‘tissue paper’’) produced by Quijiang
are circumventing the Order on tissue
paper from the People’s Republic of
China (‘‘PRC’’), as provided in section
781(b) of the Act. See Certain Tissue
Paper Products From the People’s
Republic of China: Affirmative
Preliminary Determination of
Circumvention of the Antidumping Duty
Order and Extension of Final
Determination, 73 FR 21580 (April 22,
2008) (‘‘Preliminary Determination’’).
Additionally, the Department published
in the Federal Register a correction to
its preliminary determination of
circumvention on May 23, 2008. See
Certain Tissue Paper Products From the
People’s Republic of China: Correction
to Affirmative Preliminary
Determination of Circumvention of the
Antidumping Duty Order, 73 FR 30053
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(May 23, 2008) (‘‘Correction to
Preliminary Determination’’).
On June 3, 2008, Petitioner 1 filed its
case brief. Quijiang did not file a case
brief, but on June 5, 2008, Quijiang filed
its rebuttal brief. Additionally, on June
24, 2008, the Department extended the
final determination by 60 days to
September 19, 2008. See Letter to All
Interested Parties from Catherine
Bertrand, Program Manager, Re:
Circumvention Inquiry on Certain
Tissue Paper Products from the People’s
Republic of China: Extension of Final
Determination, (June 24, 2008).
On August 19, 2008, Petitioner
submitted comments regarding
Quijiang’s participation in the third
administrative review of this Order,
which contained new factual
information. Although Petitioner’s
comments were untimely, on August 27,
2008, the Department issued a letter to
interested parties notifying them that it
was accepting Petitioner’s August 19,
2008, submission, pursuant to 19 CFR
351.302(b) and inviting comments from
Quijiang and other interested parties.
No comments were submitted.
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, dyecolored, 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;
1 Seaman Paper Company of Massachusetts, Inc.
(‘‘Petitioner ’’).
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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.2
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).
Scope of the Circumvention Inquiry
The products covered by this inquiry
are jumbo rolls of tissue paper that are
exported from the PRC to the Socialist
Republic of Vietnam (‘‘Vietnam’’) where
they are converted, possibly dyed and/
or printed, into tissue paper products, as
described above in the ‘‘Scope of the
Antidumping Duty Order’’ section. This
inquiry only covers such products that
are exported to the United States by
Quijiang.
Statutory Provisions Regarding
Circumvention
Section 781(b) of the Act provides
that the Department may find
circumvention of an antidumping duty
order when merchandise of the same
class or kind subject to the order is
completed or assembled in a foreign
country other than the country to which
the order applies. In conducting
circumvention inquiries under section
781(b) of the Act, the Department relies
upon the following criteria: (A)
Merchandise imported into the United
States is of the same class or kind as any
merchandise produced in a foreign
country that is subject to an
antidumping duty order; (B) before
importation into the United States, such
imported merchandise is completed or
assembled in another foreign country
from merchandise which is subject to
the order or produced in the foreign
country that is subject to the order; (C)
the process of assembly or completion
2 On January 30, 2007, at the direction of U.S.
Customs and Border Protection (‘‘CBP’’), the
Department added the following HTSUS
classifications to the AD/CVD module for tissue
paper: 4802.54.3100, 4802.54.6100, and
4823.90.6700. However, we note that the six-digit
classifications for these numbers were already listed
in the scope.
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in the foreign country referred to in (B)
is minor or insignificant; and (D) the
value of the merchandise produced in
the foreign country to which the
antidumping duty order applies is a
significant portion of the total value of
the merchandise exported to the United
States.
Section 781(b)(2) of the Act provides
the criteria for determining whether the
process of assembly or completion is
minor or insignificant. These criteria
are:
(a) The level of investment in the
foreign country;
(b) The level of research and
development in the foreign country;
(c) The nature of the production
process in the foreign country;
(d) The extent of the production
facilities in the foreign country; and
(e) Whether the value of the
processing performed in the foreign
country represents a small proportion of
the value of the merchandise imported
into the United States.
The Statement of Administrative
Action (‘‘SAA’’) accompanying the
Uruguay Round Agreements Act, H.
Doc. No. 103–316, at 893 (1994),
provides some guidance with respect to
these criteria. It explains that no single
factor listed in section 781(b)(2) of the
Act will be controlling. Accordingly, it
is the Department’s practice to evaluate
each of the factors as they exist in the
United States or foreign country
depending on the particular
circumvention scenario. Therefore, the
importance of any one of the factors
listed under section 781(b)(2) of the Act
can vary from case to case depending on
the particular circumstances unique to
each circumvention inquiry.
In this circumvention inquiry, for the
final determination, we continued to
base our analysis on both qualitative
and quantitative factors in determining
whether the process of converting the
jumbo rolls in Vietnam was minor or
insignificant, in accordance with the
criteria of section 781(b)(2) of the Act.
This approach is consistent with our
analysis in prior circumvention
inquiries. See Anti-Circumvention
Inquiry of the Antidumping and
Countervailing Duty Orders on Certain
Pasta From Italy: Affirmative
Preliminary Determinations of
Circumvention of Antidumping and
Countervailing Duty Orders, 68 FR
46571 (August 6, 2003) (‘‘Pasta
Circumvention Prelim’’) (unchanged in
Pasta Circumvention Final, 68 FR
54888).
In making a determination whether to
include merchandise assembled or
completed in a foreign country within
an order, section 781(b)(3) of the Act
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instructs us to take into account such
factors as: (A) The pattern of trade,
including sourcing patterns; (B) whether
affiliation exists between the exporter of
the merchandise and the person who
uses the merchandise to assemble or
complete in the foreign country the
merchandise that is sold in the United
States; and (C) whether imports into the
foreign country of the merchandise
described in section 781(b)(1)(B) have
increased since the initiation of the
original investigation. Each of these
factors is examined below.
For the final determination, we have
continued to use the information
gathered from the questionnaire
responses submitted by Quijiang and its
PRC parent company, Guilin Qifeng
Paper Co., Ltd. (‘‘Guilin Qifeng’’), for
purposes of conducting both qualitative
and quantitative analyses in accordance
with the criteria enumerated in section
781(b) of the Act as outlined above.
Summary of Statutory Analysis
As discussed above, in order to make
an affirmative final determination of
circumvention, all the elements under
sections 781(b)(1) of the Act must be
satisfied, taking into account the factors
under section 781(b)(2). In addition,
section 781(b)(3) of the Act instructs the
Department to consider, in determining
whether to include merchandise
assembled or completed in a foreign
country within the scope of an order,
such factors as: pattern of trade,
affiliation, and whether imports into the
foreign country of the merchandise
described in section 781(b)(1)(B) have
increased after the initiation of the
investigation. Because no party
submitted comments regarding our
circumvention analysis, pursuant to
section 781(b)(1) of the Act, we continue
to find that the merchandise sold in the
United States is within the same class
or kind of merchandise that is subject to
the Order and was completed or
assembled in a third country. See
Preliminary Determination, 73 FR at
21582. Additionally, because no party
submitted comments regarding our
circumvention analysis, pursuant to
section 781(b)(2), we continue to find
that the process of assembly of the PRCorigin jumbo rolls to cut-to-length tissue
paper by Quijiang is minor and
insignificant. Id., at 21582–85.
Furthermore, because no party
submitted comments regarding our
circumvention analysis, in accordance
with sections 781(b)(1)(D) and
781(b)(1)(E) of the Act, we continue to
find that the value of the merchandise
produced in the PRC is a significant
portion of the total value of the
merchandise exported to the United
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States, see id. at 21584–85, and that
action is appropriate to prevent evasion
of the Order. Thus, we continue to find
affirmative evidence of circumvention
in accordance with sections 781(b)(1)
and (2) of the Act. Moreover, we
continue to find the factors required by
section 781(b)(3) of the Act indicate that
there is circumvention of the Order.
Consequently, our statutory analysis
leads us to continue to find that during
the period from July 2004 to July 2006,
Quijiang circumvented the Order as a
result of its exports to the United States
of PRC-origin jumbo rolls converted to
cut-to-length tissue paper in Vietnam, as
discussed above.
Facts Available
Petitioner requested in its case brief
that we apply total adverse facts
available (‘‘AFA’’) to Quijiang for
purposes of this final determination.
Pursuant to section 776 of the Act, we
find that the application of facts
otherwise available is not warranted
under sections 776(a)(1) or (2) of the Act
because Quijiang submitted the
requested information by the required
deadlines, provided information in a
timely manner and in the form or
manner requested, and did not
significantly impede this proceeding
under the antidumping statute. Further,
no verification took place of Quijiang’s
data because the Department chose not
to conduct verification given the
particular facts of this case, not because
of any deficiency in Quijiang’s
responses. We disagree with Petitioner’s
contention that there is record evidence
demonstrating that Quijiang’s data is
unreliable. In fact, we find that there is
substantial evidence on the record
demonstrating that Quijiang’s
statements and submitted data are
reliable. Therefore, we find that,
pursuant to sections 776(a)(1) and (2) of
the Act, there is no basis for applying
facts available, much less adverse facts
available, to Quijiang for the final
determination. For further discussion
and greater detail on the Department’s
analysis on this issue, please see
Comment 1 of the Memorandum to
David M. Spooner, Assistant Secretary
for Import Administration, from
Stephen J. Claeys, Deputy Assistant
Secretary for Import Administration,
Subject: Issues and Decision
Memorandum for the Final
Determination of the Anticircumvention
Inquiry of Certain Tissue Paper Products
from the People’s Republic of China
(‘‘PRC’’) (‘‘Issues and Decision Memo’’).
Other Issues
All issues raised by the interested
parties to which we have responded are
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57593
listed in the Appendix to this notice and
addressed in the Issues and Decision
Memo, which is hereby adopted by this
notice.
In its case brief, Petitioner raised an
argument regarding the public ranging
of the average value of the value added
to the finished merchandise by
Quijiang’s processing. Because the
publicly ranged average value is within
ten percent of the actual figure,
pursuant to section 351.304(c) of the
Department’s regulations, we find that
we correctly ranged the average value of
the value added to finished
merchandise by Quijiang’s processing.
See Comment 2 of the Issues and
Decision Memo.
Petitioner also argued in its case brief
that the record evidence shows that
Quijiang, contrary to its own
declarations, has continued to import
semi-completed tissue paper products
from the PRC after July 2006. Petitioner
therefore argued that the Department
should cease its certification program
and require suspension of liquidation of
all Quijiang’s imports of subject
merchandise. However, we find that the
only information on the record
supporting Petitioner’s claim is an
affidavit from Petitioner’s own market
researcher. Absent import or other such
documentation, we do not believe the
substantial evidence on the record
supports Petitioner’s allegation that
Quijiang has continued to import PRCsemi completed tissue paper products
that were converted into finished
merchandise and exported to the United
States beyond July 2006. Accordingly,
because Quijiang sourced jumbo rolls
from a PRC supplier to produce tissue
paper products, which were exported to
the United States, we continue to find
that circumvention occured between
July 2004 and July 2006 in this final
determination. With respect to
Quijiang’s current U.S. exports, we have
determined that the certification
program remains appropriate for
Quijiang’s exports to the United States
of tissue paper products produced from
Vietnamese-origin paper. For further
discussion of this issue, please see
Comments 1 and 3 of the Issues and
Decision Memo.
Parties can find a complete discussion
of the issues raised in this inquiry and
corresponding recommendation in this
public memorandum, which are on file
in the Central Records Unit (‘‘CRU’’),
Room 1117 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memo can be accessed directly
on the internet at https://ia.ita.doc.gov/.
The paper copy and electronic version
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of the Issues and Decision Memo are
identical in content.
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Continuation of Suspension of
Liquidation
In accordance with section 733(d) of
the Act, the Department will continue to
direct CBP to suspend liquidation and
to require a cash deposit of estimated
duties, at the PRC-wide rate of 112.64
percent, on all unliquidated entries of
certain tissue paper products produced
by Quijiang that were entered, or
withdrawn from warehouse, for
consumption, from on or after
September 5, 2006, the date of initiation
of the circumvention inquiry, with the
exception described below.
For all entries of Quijiang’s tissue
paper products for which the U.S.
importer submits a certification from
Quijiang that the merchandise is nonsubject, (i.e., of Vietnamese-origin and
not produced using PRC-origin jumbo
rolls), the Department will continue to
direct CBP to liquidate those entries
without regard to antidumping duties.
For further discussion of this issue,
please see Comment 2 of the Issues and
Decision Memo. The Department will
not request that CBP suspend
liquidation, or require a cash deposit of
estimated duties at the PRC-wide rate,
for any entries of tissue paper
accompanied by the certification in
Appendix II of this notice. However, the
Department will direct CBP to suspend
liquidation and to require a cash deposit
of estimated duties, at the PRC-wide rate
of 112.64 percent, for any entries of
tissue paper not accompanied by this
certification in Appendix II of this
notice.
Concurrent and Future Administrative
Reviews
Because we have reached a final
affirmative determination of
circumvention, as stipulated in the
Preliminary Determination, 73 FR at
21587, with respect to Quijiang, we are
expanding the period of review for the
third administrative review, initiated on
April 25, 2008 date, back to September
5, 2006, the date of initiation of the
circumvention inquiry, to include all of
Quijiang’s entries covered by this
determination. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews and Request for
Revocation in Part, 73 FR 22337, (April
25, 2008). In concordance with this
finding of circumvention, the review
period of that segment of the proceeding
will be expanded as of the date of
issuance of this final determination with
respect to Quijiang’s entries. In
accordance with the certifications
provided to CBP by Quijiang, all
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certified entries are subject to
verification by the Department,
including those that entered into the
United States during the expanded third
administrative review. In conducting a
review of these certified entries, the
Department will examine all records
Quijiang maintains in its normal course
of business supporting its certifications
that no PRC-origin jumbo rolls were
used in the production of Vietnameseorigin tissue paper products. Consistent
with the terms of the certifications
submitted by Quijiang, if Quijiang elects
not to participate in the administrative
review or does not consent to
verification of these certified entries, we
will immediately revoke the
certification program and instruct CBP
to suspend liquidation and collect cash
deposits at the PRC-wide rate of 112.64
percent on all of Quijiang’s entries of
tissue paper, regardless of country of
origin.
Notice to Parties
This notice also serves as the only
reminder to parties subject to the
administrative protective orders
(‘‘APO’’) of their responsibility
concerning the return or destruction of
proprietary information disclosed under
APO in accordance with section 351.305
of the Department’s regulations. Timely
written notification of the return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
This affirmative final circumvention
determination is published in
accordance with section 781(b) of the
Act and 19 CFR 351.225.
and subject to this certification were not
produced from Chinese origin jumbo rolls.
2. By signing this certificate, Vietnam
Quijiang also hereby agrees to maintain
sufficient documentation supporting the
above statement such as country of origin
certificates for all jumbo rolls used to process
the exported certain tissue paper products.
Further, Vietnam Quijiang agrees to submit to
verification of the underlying documentation
supporting the above statement. Vietnam
Quijiang agrees that failure to submit to
verification of the documentation supporting
these statements will result in immediate
revocation of certification rights and that
Vietnam Quijiang will be required to post a
cash deposit equal to the China-wide entity
rate on all entries of certain tissue paper
products. In addition, if the Department of
Commerce identifies any misrepresentation
or inconsistencies regarding the
certifications, Vietnam Quijiang recognizes
that the matter may be reported to the U.S.
Customs and Border Protection by the
Department for possible enforcement action.
Signature:
Printed Name:
Title:
[FR Doc. E8–22715 Filed 10–2–08; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–851]
Dynamic Random Access Memory
Semiconductors From the Republic of
Korea: Final Results of Sunset Review
and Revocation of Order
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 1, 2008, the
Department of Commerce (‘‘the
Department’’) published in the Federal
Register the notice of initiation of the
Dated: September 19, 2008.
five-year sunset review of the
David M. Spooner,
countervailing duty order on dynamic
Assistant Secretary for Import
random access memory semiconductors
Administration.
(‘‘DRAMS’’) from the Republic of Korea
(‘‘ROK’’), pursuant to section 751(c) of
Appendix I
the Tariff Act of 1930, as amended (‘‘the
Discussion of the Issues
Act’’). Because the domestic interested
Comment 1: Total Adverse Facts Available
party did not file a substantive response
(‘‘AFA’’) for Quijiang
by the applicable deadline and has
Comment 2: Clerical Error in Value-Added
withdrawn its notice of intent to
Calculation
participate in this sunset review, the
Comment 3: Cash Deposits and Suspension
Department is revoking this
of Liquidation
countervailing duty order.
Appendix II
DATES: Effective Date: August 11, 2008.
Certification of Vietnam Quijiang Paper Co.,
FOR FURTHER INFORMATION CONTACT:
Ltd.
Shane Subler or David Neubacher,
lllllllllllllllllllll Import Administration, International
Trade Administration, U.S. Department
Certification to U.S. Customs and Border
of Commerce, 14th Street and
Protection
Constitution Avenue, NW., Washington,
1. Vietnam Quijiang Paper Co., Ltd.
(‘‘Vietnam Quijiang’’) hereby certifies that the DC 20230; telephone: (202) 482–0189 or
(202) 482–5823, respectively.
certain tissue paper products being exported
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AGENCY:
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]]>Agencies
[Federal Register Volume 73, Number 193 (Friday, October 3, 2008)]
[Notices]
[Pages 57591-57594]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22715]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-894]
Certain Tissue Paper Products From the People's Republic of
China: Affirmative Final Determination of Circumvention of the
Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
Final Determination
We determine that certain tissue paper products (``tissue paper'')
produced by Vietnam Quijiang Paper Co., Ltd. (``Quijiang'') are
circumventing the antidumping duty order on tissue paper from the
People's Republic of China (``PRC''), as provided in section 781(b) of
the Tariff Act of 1930, as amended (``the Act''). See Notice of Amended
Final Determination of Sales at Less than Fair Value and Antidumping
Duty Order: Certain Tissue Paper Products from the People's Republic of
China, 70 FR 16223 (March 30, 2005) (``Order'').
DATES: Effective Date: October 3, 2008.
FOR FURTHER INFORMATION CONTACT: Julia Hancock, Office 9, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230; telephone: (202) 482-1394.
SUPPLEMENTARY INFORMATION:
Background
On April 22, 2008, the Department of Commerce (``the Department'')
published in the Federal Register the affirmative preliminary
determination that certain tissue paper products (``tissue paper'')
produced by Quijiang are circumventing the Order on tissue paper from
the People's Republic of China (``PRC''), as provided in section 781(b)
of the Act. See Certain Tissue Paper Products From the People's
Republic of China: Affirmative Preliminary Determination of
Circumvention of the Antidumping Duty Order and Extension of Final
Determination, 73 FR 21580 (April 22, 2008) (``Preliminary
Determination''). Additionally, the Department published in the Federal
Register a correction to its preliminary determination of circumvention
on May 23, 2008. See Certain Tissue Paper Products From the People's
Republic of China: Correction to Affirmative Preliminary Determination
of Circumvention of the Antidumping Duty Order, 73 FR 30053
[[Page 57592]]
(May 23, 2008) (``Correction to Preliminary Determination'').
On June 3, 2008, Petitioner \1\ filed its case brief. Quijiang did
not file a case brief, but on June 5, 2008, Quijiang filed its rebuttal
brief. Additionally, on June 24, 2008, the Department extended the
final determination by 60 days to September 19, 2008. See Letter to All
Interested Parties from Catherine Bertrand, Program Manager, Re:
Circumvention Inquiry on Certain Tissue Paper Products from the
People's Republic of China: Extension of Final Determination, (June 24,
2008).
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\1\ Seaman Paper Company of Massachusetts, Inc. (``Petitioner
'').
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On August 19, 2008, Petitioner submitted comments regarding
Quijiang's participation in the third administrative review of this
Order, which contained new factual information. Although Petitioner's
comments were untimely, on August 27, 2008, the Department issued a
letter to interested parties notifying them that it was accepting
Petitioner's August 19, 2008, submission, pursuant to 19 CFR 351.302(b)
and inviting comments from Quijiang and other interested parties. No
comments were submitted.
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.\2\
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\2\ On January 30, 2007, at the direction of U.S. Customs and
Border Protection (``CBP''), the Department added the following
HTSUS classifications to the AD/CVD module for tissue paper:
4802.54.3100, 4802.54.6100, and 4823.90.6700. However, we note that
the six-digit classifications for these numbers were already listed
in the scope.
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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).
Scope of the Circumvention Inquiry
The products covered by this inquiry are jumbo rolls of tissue
paper that are exported from the PRC to the Socialist Republic of
Vietnam (``Vietnam'') where they are converted, possibly dyed and/or
printed, into tissue paper products, as described above in the ``Scope
of the Antidumping Duty Order'' section. This inquiry only covers such
products that are exported to the United States by Quijiang.
Statutory Provisions Regarding Circumvention
Section 781(b) of the Act provides that the Department may find
circumvention of an antidumping duty order when merchandise of the same
class or kind subject to the order is completed or assembled in a
foreign country other than the country to which the order applies. In
conducting circumvention inquiries under section 781(b) of the Act, the
Department relies upon the following criteria: (A) Merchandise imported
into the United States is of the same class or kind as any merchandise
produced in a foreign country that is subject to an antidumping duty
order; (B) before importation into the United States, such imported
merchandise is completed or assembled in another foreign country from
merchandise which is subject to the order or produced in the foreign
country that is subject to the order; (C) the process of assembly or
completion in the foreign country referred to in (B) is minor or
insignificant; and (D) the value of the merchandise produced in the
foreign country to which the antidumping duty order applies is a
significant portion of the total value of the merchandise exported to
the United States.
Section 781(b)(2) of the Act provides the criteria for determining
whether the process of assembly or completion is minor or
insignificant. These criteria are:
(a) The level of investment in the foreign country;
(b) The level of research and development in the foreign country;
(c) The nature of the production process in the foreign country;
(d) The extent of the production facilities in the foreign country;
and
(e) Whether the value of the processing performed in the foreign
country represents a small proportion of the value of the merchandise
imported into the United States.
The Statement of Administrative Action (``SAA'') accompanying the
Uruguay Round Agreements Act, H. Doc. No. 103-316, at 893 (1994),
provides some guidance with respect to these criteria. It explains that
no single factor listed in section 781(b)(2) of the Act will be
controlling. Accordingly, it is the Department's practice to evaluate
each of the factors as they exist in the United States or foreign
country depending on the particular circumvention scenario. Therefore,
the importance of any one of the factors listed under section 781(b)(2)
of the Act can vary from case to case depending on the particular
circumstances unique to each circumvention inquiry.
In this circumvention inquiry, for the final determination, we
continued to base our analysis on both qualitative and quantitative
factors in determining whether the process of converting the jumbo
rolls in Vietnam was minor or insignificant, in accordance with the
criteria of section 781(b)(2) of the Act. This approach is consistent
with our analysis in prior circumvention inquiries. See Anti-
Circumvention Inquiry of the Antidumping and Countervailing Duty Orders
on Certain Pasta From Italy: Affirmative Preliminary Determinations of
Circumvention of Antidumping and Countervailing Duty Orders, 68 FR
46571 (August 6, 2003) (``Pasta Circumvention Prelim'') (unchanged in
Pasta Circumvention Final, 68 FR 54888).
In making a determination whether to include merchandise assembled
or completed in a foreign country within an order, section 781(b)(3) of
the Act
[[Page 57593]]
instructs us to take into account such factors as: (A) The pattern of
trade, including sourcing patterns; (B) whether affiliation exists
between the exporter of the merchandise and the person who uses the
merchandise to assemble or complete in the foreign country the
merchandise that is sold in the United States; and (C) whether imports
into the foreign country of the merchandise described in section
781(b)(1)(B) have increased since the initiation of the original
investigation. Each of these factors is examined below.
For the final determination, we have continued to use the
information gathered from the questionnaire responses submitted by
Quijiang and its PRC parent company, Guilin Qifeng Paper Co., Ltd.
(``Guilin Qifeng''), for purposes of conducting both qualitative and
quantitative analyses in accordance with the criteria enumerated in
section 781(b) of the Act as outlined above.
Summary of Statutory Analysis
As discussed above, in order to make an affirmative final
determination of circumvention, all the elements under sections
781(b)(1) of the Act must be satisfied, taking into account the factors
under section 781(b)(2). In addition, section 781(b)(3) of the Act
instructs the Department to consider, in determining whether to include
merchandise assembled or completed in a foreign country within the
scope of an order, such factors as: pattern of trade, affiliation, and
whether imports into the foreign country of the merchandise described
in section 781(b)(1)(B) have increased after the initiation of the
investigation. Because no party submitted comments regarding our
circumvention analysis, pursuant to section 781(b)(1) of the Act, we
continue to find that the merchandise sold in the United States is
within the same class or kind of merchandise that is subject to the
Order and was completed or assembled in a third country. See
Preliminary Determination, 73 FR at 21582. Additionally, because no
party submitted comments regarding our circumvention analysis, pursuant
to section 781(b)(2), we continue to find that the process of assembly
of the PRC-origin jumbo rolls to cut-to-length tissue paper by Quijiang
is minor and insignificant. Id., at 21582-85. Furthermore, because no
party submitted comments regarding our circumvention analysis, in
accordance with sections 781(b)(1)(D) and 781(b)(1)(E) of the Act, we
continue to find that the value of the merchandise produced in the PRC
is a significant portion of the total value of the merchandise exported
to the United States, see id. at 21584-85, and that action is
appropriate to prevent evasion of the Order. Thus, we continue to find
affirmative evidence of circumvention in accordance with sections
781(b)(1) and (2) of the Act. Moreover, we continue to find the factors
required by section 781(b)(3) of the Act indicate that there is
circumvention of the Order. Consequently, our statutory analysis leads
us to continue to find that during the period from July 2004 to July
2006, Quijiang circumvented the Order as a result of its exports to the
United States of PRC-origin jumbo rolls converted to cut-to-length
tissue paper in Vietnam, as discussed above.
Facts Available
Petitioner requested in its case brief that we apply total adverse
facts available (``AFA'') to Quijiang for purposes of this final
determination. Pursuant to section 776 of the Act, we find that the
application of facts otherwise available is not warranted under
sections 776(a)(1) or (2) of the Act because Quijiang submitted the
requested information by the required deadlines, provided information
in a timely manner and in the form or manner requested, and did not
significantly impede this proceeding under the antidumping statute.
Further, no verification took place of Quijiang's data because the
Department chose not to conduct verification given the particular facts
of this case, not because of any deficiency in Quijiang's responses. We
disagree with Petitioner's contention that there is record evidence
demonstrating that Quijiang's data is unreliable. In fact, we find that
there is substantial evidence on the record demonstrating that
Quijiang's statements and submitted data are reliable. Therefore, we
find that, pursuant to sections 776(a)(1) and (2) of the Act, there is
no basis for applying facts available, much less adverse facts
available, to Quijiang for the final determination. For further
discussion and greater detail on the Department's analysis on this
issue, please see Comment 1 of the Memorandum to David M. Spooner,
Assistant Secretary for Import Administration, from Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration, Subject: Issues
and Decision Memorandum for the Final Determination of the
Anticircumvention Inquiry of Certain Tissue Paper Products from the
People's Republic of China (``PRC'') (``Issues and Decision Memo'').
Other Issues
All issues raised by the interested parties to which we have
responded are listed in the Appendix to this notice and addressed in
the Issues and Decision Memo, which is hereby adopted by this notice.
In its case brief, Petitioner raised an argument regarding the
public ranging of the average value of the value added to the finished
merchandise by Quijiang's processing. Because the publicly ranged
average value is within ten percent of the actual figure, pursuant to
section 351.304(c) of the Department's regulations, we find that we
correctly ranged the average value of the value added to finished
merchandise by Quijiang's processing. See Comment 2 of the Issues and
Decision Memo.
Petitioner also argued in its case brief that the record evidence
shows that Quijiang, contrary to its own declarations, has continued to
import semi-completed tissue paper products from the PRC after July
2006. Petitioner therefore argued that the Department should cease its
certification program and require suspension of liquidation of all
Quijiang's imports of subject merchandise. However, we find that the
only information on the record supporting Petitioner's claim is an
affidavit from Petitioner's own market researcher. Absent import or
other such documentation, we do not believe the substantial evidence on
the record supports Petitioner's allegation that Quijiang has continued
to import PRC-semi completed tissue paper products that were converted
into finished merchandise and exported to the United States beyond July
2006. Accordingly, because Quijiang sourced jumbo rolls from a PRC
supplier to produce tissue paper products, which were exported to the
United States, we continue to find that circumvention occured between
July 2004 and July 2006 in this final determination. With respect to
Quijiang's current U.S. exports, we have determined that the
certification program remains appropriate for Quijiang's exports to the
United States of tissue paper products produced from Vietnamese-origin
paper. For further discussion of this issue, please see Comments 1 and
3 of the Issues and Decision Memo.
Parties can find a complete discussion of the issues raised in this
inquiry and corresponding recommendation in this public memorandum,
which are on file in the Central Records Unit (``CRU''), Room 1117 of
the main Department of Commerce building. In addition, a complete
version of the Issues and Decision Memo can be accessed directly on the
internet at https://ia.ita.doc.gov/. The paper copy and electronic
version
[[Page 57594]]
of the Issues and Decision Memo are identical in content.
Continuation of Suspension of Liquidation
In accordance with section 733(d) of the Act, the Department will
continue to direct CBP to suspend liquidation and to require a cash
deposit of estimated duties, at the PRC-wide rate of 112.64 percent, on
all unliquidated entries of certain tissue paper products produced by
Quijiang that were entered, or withdrawn from warehouse, for
consumption, from on or after September 5, 2006, the date of initiation
of the circumvention inquiry, with the exception described below.
For all entries of Quijiang's tissue paper products for which the
U.S. importer submits a certification from Quijiang that the
merchandise is non-subject, (i.e., of Vietnamese-origin and not
produced using PRC-origin jumbo rolls), the Department will continue to
direct CBP to liquidate those entries without regard to antidumping
duties. For further discussion of this issue, please see Comment 2 of
the Issues and Decision Memo. The Department will not request that CBP
suspend liquidation, or require a cash deposit of estimated duties at
the PRC-wide rate, for any entries of tissue paper accompanied by the
certification in Appendix II of this notice. However, the Department
will direct CBP to suspend liquidation and to require a cash deposit of
estimated duties, at the PRC-wide rate of 112.64 percent, for any
entries of tissue paper not accompanied by this certification in
Appendix II of this notice.
Concurrent and Future Administrative Reviews
Because we have reached a final affirmative determination of
circumvention, as stipulated in the Preliminary Determination, 73 FR at
21587, with respect to Quijiang, we are expanding the period of review
for the third administrative review, initiated on April 25, 2008 date,
back to September 5, 2006, the date of initiation of the circumvention
inquiry, to include all of Quijiang's entries covered by this
determination. See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 73 FR 22337,
(April 25, 2008). In concordance with this finding of circumvention,
the review period of that segment of the proceeding will be expanded as
of the date of issuance of this final determination with respect to
Quijiang's entries. In accordance with the certifications provided to
CBP by Quijiang, all certified entries are subject to verification by
the Department, including those that entered into the United States
during the expanded third administrative review. In conducting a review
of these certified entries, the Department will examine all records
Quijiang maintains in its normal course of business supporting its
certifications that no PRC-origin jumbo rolls were used in the
production of Vietnamese-origin tissue paper products. Consistent with
the terms of the certifications submitted by Quijiang, if Quijiang
elects not to participate in the administrative review or does not
consent to verification of these certified entries, we will immediately
revoke the certification program and instruct CBP to suspend
liquidation and collect cash deposits at the PRC-wide rate of 112.64
percent on all of Quijiang's entries of tissue paper, regardless of
country of origin.
Notice to Parties
This notice also serves as the only reminder to parties subject to
the administrative protective orders (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with section 351.305 of the
Department's regulations. Timely written notification of the return/
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and terms
of an APO is a violation which is subject to sanction.
This affirmative final circumvention determination is published in
accordance with section 781(b) of the Act and 19 CFR 351.225.
Dated: September 19, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix I
Discussion of the Issues
Comment 1: Total Adverse Facts Available (``AFA'') for Quijiang
Comment 2: Clerical Error in Value-Added Calculation
Comment 3: Cash Deposits and Suspension of Liquidation
Appendix II
Certification of Vietnam Quijiang Paper Co., Ltd.
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Certification to U.S. Customs and Border Protection
1. Vietnam Quijiang Paper Co., Ltd. (``Vietnam Quijiang'')
hereby certifies that the certain tissue paper products being
exported and subject to this certification were not produced from
Chinese origin jumbo rolls.
2. By signing this certificate, Vietnam Quijiang also hereby
agrees to maintain sufficient documentation supporting the above
statement such as country of origin certificates for all jumbo rolls
used to process the exported certain tissue paper products. Further,
Vietnam Quijiang agrees to submit to verification of the underlying
documentation supporting the above statement. Vietnam Quijiang
agrees that failure to submit to verification of the documentation
supporting these statements will result in immediate revocation of
certification rights and that Vietnam Quijiang will be required to
post a cash deposit equal to the China-wide entity rate on all
entries of certain tissue paper products. In addition, if the
Department of Commerce identifies any misrepresentation or
inconsistencies regarding the certifications, Vietnam Quijiang
recognizes that the matter may be reported to the U.S. Customs and
Border Protection by the Department for possible enforcement action.
Signature:
Printed Name:
Title:
[FR Doc. E8-22715 Filed 10-2-08; 8:45 am]
BILLING CODE 3510-DS-P
