Certain Tissue Paper Products from the People's Republic of China: Final Results and Final Rescission, in Part, of Antidumping Duty Administrative Review, 58113-58115 [E8-23588]
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Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Notices
Deadline: This request will be open
until October 24, from the date of
publication in the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Marc Lemmond, Office of Energy &
Environmental Industries, Room 4053,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW.,
Washington, DC 20230; phone 202–482–
3889; fax 202–482–5665; e-mail
Marc.lemmond@mail.doc.gov.
Dated: September 30, 2008.
Rachel Halpern,
Acting Director, Office of Energy and
Environmental Industries.
[FR Doc. E8–23525 Filed 10–3–08; 8:45 am]
China: Initiation of New Shipper
Reviews, 73 FR 12392 (March 7, 2008).
On August 22, 2008, the Department
aligned the deadlines and the time
limits of the new shipper reviews of
WBF with the 2007 administrative
review of WBF. See Memorandum to the
File ‘‘Wooden Bedroom Furniture from
the People’s Republic of China:
Alignment of the 1/1/2007–12/31/2007
Annual Administrative Review and the
1/1/2007–12/31/2007 New Shipper
Review,’’ dated August 22, 2008. The
preliminary results of these reviews are
currently due no later than October 2,
2008.
BILLING CODE 3510–DR–P
Extension of Time Limit of Preliminary
Results
DEPARTMENT OF COMMERCE
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (‘‘the Act’’),
requires the Department to issue
preliminary results within 245 days
after the last day of the anniversary
month of an order. However, if it is not
practicable to complete the review
within this time period, section
751(a)(3)(A) of the Act allows the
Department to extend the time period to
a maximum of 365 days. Completion of
the preliminary results of these reviews
within the 245-day period is not
practicable because the Department
needs additional time to analyze
information pertaining to the
respondents’ sales practices, factors of
production, and corporate relationships,
and to issue and review responses to
supplemental questionnaires.
Because it is not practicable to
complete these reviews within the time
specified under the Act, we are fully
extending the time period for issuing
the preliminary results of review to 365
days until January 30, 2009, in
accordance with section 751(a)(3)(A) of
the Act. The final results continue to be
due 120 days after the publication of the
preliminary results.
This notice is published pursuant to
sections 751(a) and 777(i) of the Act.
International Trade Administration
[A–570–890]
Wooden Bedroom Furniture From the
People’s Republic of China: Extension
of Time Limits for the Preliminary
Results of the Antidumping Duty
Administrative Review and New
Shipper Reviews
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 6, 2008.
FOR FURTHER INFORMATION CONTACT: Paul
Stolz, AD/CVD Operations, Office 8,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW., Washington,
DC 20230; telephone: (202) 482–4474.
jlentini on PROD1PC65 with NOTICES
AGENCY:
Background
The Department of Commerce (‘‘the
Department’’) published an
antidumping duty order on wooden
bedroom furniture (‘‘WBF’’) from the
People’s Republic of China (‘‘PRC’’) on
January 4, 2005. See Notice of Amended
Final Determination of Sales at Less
Than Fair Value and Antidumping Duty
Order: Wooden Bedroom Furniture
From the People’s Republic of China, 70
FR 329 (January 4, 2005). On March 7,
2008, the Department published in the
Federal Register a notice of the
initiation of the antidumping duty
administrative review of WBF from the
PRC and new shipper reviews for the
period January 1, 2007 through
December 31, 2007. See Notice of
Initiation of Administrative Review of
the Antidumping Duty Order on
Wooden Bedroom Furniture From the
People’s Republic of China, 73 FR 12387
(March 7, 2008) and Wooden Bedroom
Furniture from the People’s Republic of
VerDate Aug<31>2005
17:44 Oct 03, 2008
Jkt 217001
Dated: September 29, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E8–23566 Filed 10–3–08; 8:45 am]
BILLING CODE 3510–DS–P
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58113
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–894]
Certain Tissue Paper Products from
the People’s Republic of China: Final
Results and Final Rescission, in Part,
of Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 4, 2008, the
Department of Commerce (‘‘the
Department’’) published the preliminary
results of the second administrative
review of the antidumping duty order
on certain tissue paper products (‘‘tissue
paper’’) from the People’s Republic of
China (‘‘PRC’’). See Certain Tissue
Paper Products from the People’s
Republic of China: Preliminary Results
and Partial Rescission of Antidumping
Duty Administrative Review, 73 FR
18497 (April 4, 2008) (‘‘Preliminary
Results’’). We gave interested parties an
opportunity to comment on the
Preliminary Results. Based on our
analysis of the comments received, we
have made changes to the surrogate
value for labor for the final results. We
find that Max Fortune Industrial
Limited and Max Fortune (FETDE)
Paper Products Co., Ltd. (collectively,
Max Fortune), has not sold subject
merchandise at less than normal value
during the period of review (‘‘POR’’),
March 1, 2006, through February 28,
2007.
AGENCY:
DATES:
Effective Date: October 6, 2008.
FOR FURTHER INFORMATION CONTACT:
Irene Gorelik, AD/CVD Operations,
Office 9, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202)
482–6905.
SUPPLEMENTARY INFORMATION:
Background
We published the preliminary results
of the second administrative review on
April 4, 2008, in the Federal Register.
See Preliminary Results. On May 5,
2008, Seaman Paper Company of
Massachusetts (‘‘Petitioner’’) and Max
Fortune filed their case briefs. On May
12, 2008, Petitioner and Max Fortune
filed rebuttal briefs. On June 30, 2008,
the Department placed import entry
packages obtained from U.S. Customs
and Border Protection (‘‘CBP’’) on the
record of this administrative review.
The Department did not receive any
comments regarding the CBP entry
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Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Notices
packages. On July 14, 2008, the
Department extended the final results of
this administrative review. See Certain
Tissue Paper Products from the People’s
Republic of China: Notice of Extension
of Time Limit for Final Results of
Second Antidumping Duty
Administrative Review, 73 FR 40295
(July 14, 2008). No parties requested a
hearing.
jlentini on PROD1PC65 with NOTICES
Analysis of Comments Received
All issues raised in the briefs are
addressed in the Memorandum to David
M. Spooner, Assistant Secretary for
Import Administration, regarding Issues
and Decision Memorandum for the
Final Results in the Second
Administrative Review of Certain Tissue
Paper Products from the People’s
Republic of China, dated October 1,
2008 (‘‘Issues and Decision
Memorandum’’), which is hereby
adopted by this notice. A list of the
issues raised, all of which are in the
Issues and Decision Memorandum, is
attached to this notice as Appendix I.
Parties can find a complete discussion
of all issues raised in the briefs and the
corresponding recommendations in this
public memorandum, which is on file in
the Central Records Unit, room 1117 of
the Department of Commerce. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the Internet at
https://ia.ita.doc.gov/frn/release/
release.html. The paper copy and
electronic version of the Issues and
Decision Memorandum are identical in
content.
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
VerDate Aug<31>2005
17:44 Oct 03, 2008
Jkt 217001
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.
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).
Partial Rescission of Administrative
Review
In the Preliminary Results, the
Department issued a notice of intent to
rescind this administrative review with
respect to: (1) Samsam Production
Limited, (2) Guangzhou Baxi Printing
Products Limited, (3) Guilin Samsam
Paper Products Ltd., (4) Vietnam
Quijiang Paper Co., Ltd., (5) PT
Grafitecindo Ciptaprima, (6) PT Printec
Perkasa, (7) PT Printec Perkasa II, (8) PT
Sansico Utama, (9) Foshan Sansico Co.,
Ltd., and (10) Sansico Asia Pacific
Limited. Each of these companies
certified that they did not export subject
tissue paper from the PRC to the United
States during the POR, which the
Department corroborated by reviewing
PRC tissue paper import data
maintained by CBP, and found no
discrepancies with the statements made
by these companies. See Preliminary
Results, 73 FR at 18499. Additionally,
consistent with the Tariff Act of 1930,
as amended (‘‘the Act’’) and Department
practice, we also preliminarily
rescinded the review with respect to
Guilin Qifeng Paper Co., Ltd. (‘‘Guilin
Qifeng’’) because the record showed no
suspended entries of merchandise
exported by Guilin Qifeng during the
POR. See Preliminary Results, 73 FR at
18500.
Subsequent to the Preliminary
Results, no information was submitted
on the record indicating that the above
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companies made shipments to the
United States of subject merchandise
during the POR. Thus, in accordance
with 19 CFR 351.213(d)(3) and
consistent with our practice, we are
rescinding this review with respect to
Samsam Production Limited,
Guangzhou Baxi Printing Products
Limited, Guilin Samsam Paper Products
Ltd., Vietnam Quijiang Paper Co., Ltd.,
PT Grafitecindo Ciptaprima, PT Printec
Perkasa, PT Printec Perkasa II, PT
Sansico Utama, Foshan Sansico Co.,
Ltd., and Sansico Asia Pacific Limited.
Additionally, the Department is
rescinding the review with respect to
Guilin Qifeng as no information was
submitted on the record challenging our
preliminary intent to rescind the review
for this company.
Separate Rates
Max Fortune requested a separate,
company-specific antidumping duty
rate. In the Preliminary Results, we
found that Max Fortune met the criteria
for the application of a separate
antidumping duty rate. See Preliminary
Results, 73 FR at 18500. The
Department did not receive comments
on this issue prior to these final results.
Moreover, we have not received any
information since the Preliminary
Results with respect to Max Fortune that
would warrant reconsideration of our
separate-rates determination. Therefore,
we continue to assign an individual
dumping margin to Max Fortune for this
review period.
Changes Since the Preliminary Results
Based on comments received from the
interested parties, we have revised the
labor surrogate value used in Max
Fortune’s margin calculation. For the
final results, we will continue to use
regression-based wage data, but will use
U.S. $1.04 as the revised wage for the
PRC in the final results, which
continues to be based on the reported
experience of several countries, but
applies the more recent 2007
calculations, based on 2005 wage rate
data, as published by the Department in
May 2008. See Issues and Decision
Memorandum, at Comment 4.
Use of Facts Available
Sections 776(a)(1) and 776(a)(2)(B) of
the Act direct the Department to use
facts available if necessary information
is not available on the record of an
antidumping proceeding. We
determined in the Preliminary Results
that, pursuant to sections 776(a) and
782(d) of the Act, Max Fortune did not
provide certain information relevant to
the Department’s analysis because it
failed to report ink and dye
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06OCN1
Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Notices
consumption on a color-specific basis.
Max Fortune stated it does not maintain
records for dye and ink consumption in
the papermaking and paper printing
stages of production on a color specific
basis. Thus, Max Fortune could not
report ink and dye consumption data in
a manner requested by the Department.
As a result, we determined that it was
necessary to apply facts otherwise
available to Max Fortune. Petitioner
argues that we should apply an adverse
inference, pursuant to section 776(b) of
the Act, to Max Fortune’s calculation.
However, we have concluded that Max
Fortune acted to the best of its ability in
providing responses to the Department’s
questionnaires. Thus, consistent with
the Department’s application in the
previous segment of the instant review
and in the Preliminary Results, we will
not apply an adverse inference, but will
continue to apply the average Indian
import values for three dye types, which
are commonly used in the production of
tissue paper, to value the aggregate
amount of dye consumed in the
production of the subject tissue paper.
See Issues and Decision Memorandum
at Comment 1 for a detailed analysis.
Additionally, in the Preliminary
Results, the Department invited
comments from interested parties
regarding whether or not it should alter
its requirements for reporting ink and
dye consumption in future segments.
See Preliminary Results, 73 FR at 18501.
Upon analyzing the comments received
from interested parties with respect to
the reporting requirement for ink and
dye consumption on a CONNUMspecific basis, we have determined that
the record does not contain sufficient
evidence necessary to revise the modelmatch criteria. Therefore, we will not
make any changes, at this time, to the
model-match criteria and continue to
require that companies in future
segments report ink and dye
consumption on a CONNUM-specific
basis. See Issues and Decision
Memorandum at Comment 2, for a
detailed analysis.
Final Results of Review
We determine that the following
antidumping duty margin exists:
CERTAIN TISSUE PAPER FROM THE
PRC INDIVIDUALLY REVIEWED EXjlentini on PROD1PC65 with NOTICES
PORTERS
Max Fortune Industrial Ltd ...........
0.00%
The Department will disclose
calculations performed for these final
results to the parties within five days of
VerDate Aug<31>2005
17:44 Oct 03, 2008
Jkt 217001
the date of publication of this notice in
accordance with 19 CFR 351.224(b).
Assessment Rates
Upon issuance of the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries. The Department
intends to issue assessment instructions
to CBP 15 days after the date of
publication of the final results of
review. Pursuant to 19 CFR
351.212(b)(1), we will calculate
importer-specific (or customer) ad
valorem duty assessment rates based on
the ratio of the total amount of the
dumping margins calculated for the
examined sales to the total entered
value of those same sales. We will
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review if any importer-specific
assessment rate calculated in the final
results of this review is above de
minimis.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of these final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) For Max
Fortune, the Department has calculated
a zero margin for these final results, and
therefore no cash deposit will be
required for this company; (2) for
previously investigated or reviewed PRC
and non-PRC exporters not listed above
that have separate rates, the cash
deposit rate will continue to be the
exporter-specific rate published for the
most recent period; (3) for all PRC
exporters of subject merchandise that
have not been found to be entitled to a
separate rate, including those
companies for which this review has
been rescinded, the cash deposit rate
will be the PRC-wide rate of 112.64
percent; and (4) for all non-PRC
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the PRC exporters that
supplied that non-PRC exporter. These
deposit requirements, when imposed,
shall remain in effect until publication
of the final results of the next
administrative review.
Notification to Interested Parties
This notice also serves as the final
reminder to importers of their
responsibility under19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
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58115
prior to liquidation of the relevant
entries during this review period.
Failure to comply with this requirement
could result in the Secretary’s
presumption that reimbursement of
antidumping duties occurred and in the
subsequent assessment of double
antidumping duties.
This notice also serves as the only
reminder to parties subject to
administrative protective order (‘‘APO’’)
of their responsibility concerning the
return/destruction or conversion to
judicial protective order of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Failure to comply is a violation of the
APO.
This administrative review and this
notice are published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.221(b)(5).
Dated: September 29, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
APPENDIX I
General Issues
Comment 1: Reporting of Ink and Dye
Consumption
Comment 2: Reporting Requirements for Ink
and Dye
Comment 3: Steam Coal Surrogate Value
Comment 4: Labor Surrogate Value
Comment 5: Treatment of Negative Dumping
Margins (‘‘Zeroing’’)
[FR Doc. E8–23588 Filed 10–3–08; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
(A–570–848)
Freshwater Crawfish Tail Meat From
the People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review and Intent
to Rescind Review in Part
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to timely requests
from one exporter and the petitioner,1
the Department of Commerce
(Department) is conducting an
administrative review of the
antidumping duty order on freshwater
crawfish tail meat from the People’s
Republic of China (PRC). The period of
review (POR) is September 1, 2006,
through August 31, 2007.
AGENCY:
1 The petitioner is the Crawfish Processors
Alliance (CPA).
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]]>Agencies
[Federal Register Volume 73, Number 194 (Monday, October 6, 2008)]
[Notices]
[Pages 58113-58115]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23588]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-894]
Certain Tissue Paper Products from the People's Republic of
China: Final Results and Final Rescission, in Part, of Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On April 4, 2008, the Department of Commerce (``the
Department'') published the preliminary results of the second
administrative review of the antidumping duty order on certain tissue
paper products (``tissue paper'') from the People's Republic of China
(``PRC''). See Certain Tissue Paper Products from the People's Republic
of China: Preliminary Results and Partial Rescission of Antidumping
Duty Administrative Review, 73 FR 18497 (April 4, 2008) (``Preliminary
Results''). We gave interested parties an opportunity to comment on the
Preliminary Results. Based on our analysis of the comments received, we
have made changes to the surrogate value for labor for the final
results. We find that Max Fortune Industrial Limited and Max Fortune
(FETDE) Paper Products Co., Ltd. (collectively, Max Fortune), has not
sold subject merchandise at less than normal value during the period of
review (``POR''), March 1, 2006, through February 28, 2007.
DATES: Effective Date: October 6, 2008.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations,
Office 9, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-6905.
SUPPLEMENTARY INFORMATION:
Background
We published the preliminary results of the second administrative
review on April 4, 2008, in the Federal Register. See Preliminary
Results. On May 5, 2008, Seaman Paper Company of Massachusetts
(``Petitioner'') and Max Fortune filed their case briefs. On May 12,
2008, Petitioner and Max Fortune filed rebuttal briefs. On June 30,
2008, the Department placed import entry packages obtained from U.S.
Customs and Border Protection (``CBP'') on the record of this
administrative review. The Department did not receive any comments
regarding the CBP entry
[[Page 58114]]
packages. On July 14, 2008, the Department extended the final results
of this administrative review. See Certain Tissue Paper Products from
the People's Republic of China: Notice of Extension of Time Limit for
Final Results of Second Antidumping Duty Administrative Review, 73 FR
40295 (July 14, 2008). No parties requested a hearing.
Analysis of Comments Received
All issues raised in the briefs are addressed in the Memorandum to
David M. Spooner, Assistant Secretary for Import Administration,
regarding Issues and Decision Memorandum for the Final Results in the
Second Administrative Review of Certain Tissue Paper Products from the
People's Republic of China, dated October 1, 2008 (``Issues and
Decision Memorandum''), which is hereby adopted by this notice. A list
of the issues raised, all of which are in the Issues and Decision
Memorandum, is attached to this notice as Appendix I. Parties can find
a complete discussion of all issues raised in the briefs and the
corresponding recommendations in this public memorandum, which is on
file in the Central Records Unit, room 1117 of the Department of
Commerce. In addition, a complete version of the Issues and Decision
Memorandum can be accessed directly on the Internet at https://
ia.ita.doc.gov/frn/release/release.html. The paper copy and electronic
version of the Issues and Decision Memorandum are identical in content.
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.
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).
Partial Rescission of Administrative Review
In the Preliminary Results, the Department issued a notice of
intent to rescind this administrative review with respect to: (1)
Samsam Production Limited, (2) Guangzhou Baxi Printing Products
Limited, (3) Guilin Samsam Paper Products Ltd., (4) Vietnam Quijiang
Paper Co., Ltd., (5) PT Grafitecindo Ciptaprima, (6) PT Printec
Perkasa, (7) PT Printec Perkasa II, (8) PT Sansico Utama, (9) Foshan
Sansico Co., Ltd., and (10) Sansico Asia Pacific Limited. Each of these
companies certified that they did not export subject tissue paper from
the PRC to the United States during the POR, which the Department
corroborated by reviewing PRC tissue paper import data maintained by
CBP, and found no discrepancies with the statements made by these
companies. See Preliminary Results, 73 FR at 18499. Additionally,
consistent with the Tariff Act of 1930, as amended (``the Act'') and
Department practice, we also preliminarily rescinded the review with
respect to Guilin Qifeng Paper Co., Ltd. (``Guilin Qifeng'') because
the record showed no suspended entries of merchandise exported by
Guilin Qifeng during the POR. See Preliminary Results, 73 FR at 18500.
Subsequent to the Preliminary Results, no information was submitted
on the record indicating that the above companies made shipments to the
United States of subject merchandise during the POR. Thus, in
accordance with 19 CFR 351.213(d)(3) and consistent with our practice,
we are rescinding this review with respect to Samsam Production
Limited, Guangzhou Baxi Printing Products Limited, Guilin Samsam Paper
Products Ltd., Vietnam Quijiang Paper Co., Ltd., PT Grafitecindo
Ciptaprima, PT Printec Perkasa, PT Printec Perkasa II, PT Sansico
Utama, Foshan Sansico Co., Ltd., and Sansico Asia Pacific Limited.
Additionally, the Department is rescinding the review with respect to
Guilin Qifeng as no information was submitted on the record challenging
our preliminary intent to rescind the review for this company.
Separate Rates
Max Fortune requested a separate, company-specific antidumping duty
rate. In the Preliminary Results, we found that Max Fortune met the
criteria for the application of a separate antidumping duty rate. See
Preliminary Results, 73 FR at 18500. The Department did not receive
comments on this issue prior to these final results. Moreover, we have
not received any information since the Preliminary Results with respect
to Max Fortune that would warrant reconsideration of our separate-rates
determination. Therefore, we continue to assign an individual dumping
margin to Max Fortune for this review period.
Changes Since the Preliminary Results
Based on comments received from the interested parties, we have
revised the labor surrogate value used in Max Fortune's margin
calculation. For the final results, we will continue to use regression-
based wage data, but will use U.S. $1.04 as the revised wage for the
PRC in the final results, which continues to be based on the reported
experience of several countries, but applies the more recent 2007
calculations, based on 2005 wage rate data, as published by the
Department in May 2008. See Issues and Decision Memorandum, at Comment
4.
Use of Facts Available
Sections 776(a)(1) and 776(a)(2)(B) of the Act direct the
Department to use facts available if necessary information is not
available on the record of an antidumping proceeding. We determined in
the Preliminary Results that, pursuant to sections 776(a) and 782(d) of
the Act, Max Fortune did not provide certain information relevant to
the Department's analysis because it failed to report ink and dye
[[Page 58115]]
consumption on a color-specific basis. Max Fortune stated it does not
maintain records for dye and ink consumption in the papermaking and
paper printing stages of production on a color specific basis. Thus,
Max Fortune could not report ink and dye consumption data in a manner
requested by the Department. As a result, we determined that it was
necessary to apply facts otherwise available to Max Fortune. Petitioner
argues that we should apply an adverse inference, pursuant to section
776(b) of the Act, to Max Fortune's calculation. However, we have
concluded that Max Fortune acted to the best of its ability in
providing responses to the Department's questionnaires. Thus,
consistent with the Department's application in the previous segment of
the instant review and in the Preliminary Results, we will not apply an
adverse inference, but will continue to apply the average Indian import
values for three dye types, which are commonly used in the production
of tissue paper, to value the aggregate amount of dye consumed in the
production of the subject tissue paper. See Issues and Decision
Memorandum at Comment 1 for a detailed analysis.
Additionally, in the Preliminary Results, the Department invited
comments from interested parties regarding whether or not it should
alter its requirements for reporting ink and dye consumption in future
segments. See Preliminary Results, 73 FR at 18501. Upon analyzing the
comments received from interested parties with respect to the reporting
requirement for ink and dye consumption on a CONNUM-specific basis, we
have determined that the record does not contain sufficient evidence
necessary to revise the model-match criteria. Therefore, we will not
make any changes, at this time, to the model-match criteria and
continue to require that companies in future segments report ink and
dye consumption on a CONNUM-specific basis. See Issues and Decision
Memorandum at Comment 2, for a detailed analysis.
Final Results of Review
We determine that the following antidumping duty margin exists:
Certain Tissue Paper From the PRC Individually Reviewed Exporters
------------------------------------------------------------------------
------------------------------------------------------------------------
Max Fortune Industrial Ltd................................... 0.00%
------------------------------------------------------------------------
The Department will disclose calculations performed for these final
results to the parties within five days of the date of publication of
this notice in accordance with 19 CFR 351.224(b).
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries.
The Department intends to issue assessment instructions to CBP 15 days
after the date of publication of the final results of review. Pursuant
to 19 CFR 351.212(b)(1), we will calculate importer-specific (or
customer) ad valorem duty assessment rates based on the ratio of the
total amount of the dumping margins calculated for the examined sales
to the total entered value of those same sales. We will instruct CBP to
assess antidumping duties on all appropriate entries covered by this
review if any importer-specific assessment rate calculated in the final
results of this review is above de minimis.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results of this administrative review for
all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For Max Fortune,
the Department has calculated a zero margin for these final results,
and therefore no cash deposit will be required for this company; (2)
for previously investigated or reviewed PRC and non-PRC exporters not
listed above that have separate rates, the cash deposit rate will
continue to be the exporter-specific rate published for the most recent
period; (3) for all PRC exporters of subject merchandise that have not
been found to be entitled to a separate rate, including those companies
for which this review has been rescinded, the cash deposit rate will be
the PRC-wide rate of 112.64 percent; and (4) for all non-PRC exporters
of subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the PRC exporters that
supplied that non-PRC exporter. These deposit requirements, when
imposed, shall remain in effect until publication of the final results
of the next administrative review.
Notification to Interested Parties
This notice also serves as the final reminder to importers of their
responsibility under19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and in the subsequent
assessment of double antidumping duties.
This notice also serves as the only reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO.
This administrative review and this notice are published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(5).
Dated: September 29, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
APPENDIX I
General Issues
Comment 1: Reporting of Ink and Dye Consumption
Comment 2: Reporting Requirements for Ink and Dye
Comment 3: Steam Coal Surrogate Value
Comment 4: Labor Surrogate Value
Comment 5: Treatment of Negative Dumping Margins (``Zeroing'')
[FR Doc. E8-23588 Filed 10-3-08; 8:45 am]
BILLING CODE 3510-DS-P
