Certain Tissue Paper Products from the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty Order, 29172-29174 [E9-14359]
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29172
Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Notices
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 upon further instruction by the
Department 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entered, or withdrawn from warehouse,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.
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, we are directing
U.S Customs and Border Protection
(‘‘CBP’’) to continue to suspend
liquidation of all imports of subject
merchandise as described in the ‘‘Scope
of the Investigation’’ section, that are
entered or withdrawn from warehouse,
for consumption on or after January 28,
2009, which is the date of publication
of the Preliminary Determination in the
Federal Register. We will instruct CBP
to require a cash deposit or the posting
of a bond equal to the weighted–average
dumping margin amount by which the
NV exceeds U.S. price, as follows: (1)
the rate for the exporter/producer
combination listed in the chart above
will be the rate we have determined in
this final determination; (2) for all PRC
exporters of subject merchandise which
have not received their own rate, the
cash–deposit rate will be the PRC–wide
entity rate; and (3) 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 exporter/producer
combination that supplied that non–
PRC exporter. These suspension–ofliquidation instructions will remain in
effect until further notice.
mstockstill on PROD1PC66 with NOTICES
producer combinations listed in the
table above that have been granted
separate rates, we have assigned the
initiation rate. Therefore, for
merchandise under consideration from
these exporter producer combinations,
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of this final
determination, we will instruct CBP to
require an antidumping cash deposit or
the posting of a bond for each entry
equal to 154.72 percent, as indicated
above. The cash deposit rate for
Superpower, Princeway, and other
exporter–producer combinations is
386.28 percent, as indicated above.
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
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.
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
VerDate Nov<24>2008
16:25 Jun 18, 2009
Jkt 217001
Notification Regarding APO
Dated: June 12, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Appendix I
Parties’ Comments
Comment 1: Whether to retain
Superpower’s Business Proprietary
Information (‘‘BPI’’) data
Comment 2: Whether to assign the PRC–
wide rate as total adverse facts available
to both mandatory respondents
Comment 3: Whether to assign the PRC–
wide rate to the separate rate
respondents
Comment 4: Whether to clarify the
scope language for hitches
Comment 5: Whether to amend the
preliminary determination for
Princeway
[FR Doc. E9–14470 Filed 6–18–09; 8:45 am]
BILLING CODE 3510–DS–S
PO 00000
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 exported
to the United States from Thailand by
´
Sunlake Decor Co., Ltd. (Sunlake)1 are
made from jumbo rolls and/or cut sheets
of tissue paper produced in the People’s
Republic of China (PRC), and are
circumventing the antidumping duty
order on certain tissue paper products
from the 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).
EFFECTIVE DATE: June 19, 2009.
FOR FURTHER INFORMATION CONTACT:
Gemal Brangman or Brian Smith, 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) 482–3773 or (202) 482–
1776, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 30, 2009, the Department of
Commerce (the Department) issued its
affirmative preliminary determination
that certain tissue paper products
produced in, and exported from,
Thailand by Sunlake using PRC–origin
jumbo rolls and/or cut sheets of tissue
paper are circumventing the
antidumping duty order on tissue paper
from the PRC, as provided in section
781(b) of the Act. See Certain Tissue
Paper from the People’s Republic of
China: Affirmative Preliminary
Determination of Circumvention of the
Antidumping Duty Order, 74 FR 20915
(May 6, 2009) (Preliminary
Determination).
On May 1, 2009, the Department
notified the U.S. International Trade
Commission (ITC) of its affirmative
preliminary determination of
1 Sunlake
Frm 00009
Fmt 4703
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E:\FR\FM\19JNN1.SGM
is a company located in Thailand.
19JNN1
Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Notices
mstockstill on PROD1PC66 with NOTICES
circumvention of the antidumping duty
order on certain tissue paper products
from the PRC by Sunlake, in accordance
with section 781(e) of the Act. On May
27, 2009, the ITC notified the
Department that it would not be
requesting consultations concerning the
Department’s preliminary
circumvention finding, pursuant to
section 781(e) of the Act and 19 CFR
351.225(f)(7)(i)(B).
After receipt of notification from the
ITC and consistent with the Preliminary
Determination, on May 29, 2009, we
instructed U.S. Customs and Border
Protection (CBP) to suspend liquidation
and to require a cash deposit of
estimated duties, at the rate of 112.64
percent, on all unliquidated entries of
certain tissue paper products produced
in and exported from Thailand by
Sunlake that were entered or withdrawn
from warehouse, for consumption on or
after October 21, 2008, the date of
initiation of the circumvention inquiry.
We invited interested parties to
comment on the Preliminary
Determination. Comments were due
June 5, 2009; however, no interested
party submitted comments. We have
conducted this inquiry in accordance
with section 781(b) of the Act.
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 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;
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; (D) the value
of the merchandise produced in the
foreign country to which the
VerDate Nov<24>2008
16:25 Jun 18, 2009
Jkt 217001
Scope of the Circumvention Inquiry
The products covered by this inquiry
are tissue paper products, as described
above in the ‘‘Scope of the Antidumping
Duty Order’’ section, which are
produced in Thailand from PRC–origin
jumbo rolls and/or cut sheets of tissue
paper, and exported to the United States
from Thailand by Sunlake.
2 On January 30, 2007, at the direction of 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.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
29173
antidumping duty order applies is a
significant portion of the total value of
the merchandise exported to the United
States; and (E) the administering
authority determines that action is
appropriate to prevent evasion of such
order.
The Department’s questionnaire
issued to Sunlake was designed to elicit
information 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. This approach is
consistent with our analyses in prior
circumvention inquiries. See, e.g.,
Certain Tissue Paper Products From the
People’s Republic of China: Affirmative
Final Determination of Circumvention
of the Antidumping Duty Order, 73 FR
57591 (October 3, 2008); and
Circumvention and Scope Inquiries on
the Antidumping Duty Order on Certain
Frozen Fish Fillets from the Socialist
Republic of Vietnam: Partial Affirmative
Final Determination of Circumvention
of the Antidumping Duty Order, Partial
Final Termination of Circumvention
Inquiry and Final Rescission of Scope
Inquiry, 71 FR 38608 (July 7, 2006).
Sunlake failed to provide any of the
information requested in the
Department’s questionnaire.
Final Determination
Section 776(a)(2) of the Act provides
that if an interested party: (A) withholds
information that has been requested by
the Department; (B) fails to provide such
information in a timely manner or in the
form or manner requested, subject to
sections 782(c)(1) and (e) of the Act; (C)
significantly impedes a proceeding
under the antidumping statute; or (D)
provides such information but the
information cannot be verified, the
Department shall, subject to section
782(d) of the Act, use facts otherwise
available in reaching the applicable
determination.
Furthermore, section 776(b) of the Act
provides that, if the Department finds
that an interested party ‘‘has failed to
cooperate by not acting to the best of its
ability to comply with a request for
information,’’ the Department may use
information that is adverse to the
interests of that party as facts otherwise
available. Adverse inferences are
appropriate ‘‘to ensure that the party
does not obtain a more favorable result
by failing to cooperate than if it had
cooperated fully.’’ See Statement of
Administrative Action accompanying
the Uruguay Round Agreements Act, H.
Rep. No. 103–316, Vol. 1, at 870 (1994).
Furthermore, ‘‘affirmative evidence of
bad faith on the part of a respondent is
not required before the Department may
E:\FR\FM\19JNN1.SGM
19JNN1
mstockstill on PROD1PC66 with NOTICES
29174
Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Notices
make an adverse inference.’’ See
Antidumping Duties; Countervailing
Duties; Final Rule, 62 FR 27296, 27340
(May 19, 1997). See also Nippon Steel
Corp. v. United States, 337 F.3d 1373,
1382 (Fed. Cir. 2003).
As discussed in detail in the
Preliminary Determination, 74 FR at
20916–20918, Sunlake refused to
respond to the Department’s
questionnaire despite being given ample
opportunity to do so by the Department.
Thus, pursuant to sections 776(a)(2)(A),
(B), and (C) of the Act, the Department
found that the use of facts available was
appropriate for Sunlake in this
circumvention proceeding.
Furthermore, the Department found that
Sunlake had not acted to the best of its
ability in this circumvention proceeding
within the meaning of section 776(b) of
the Act. Accordingly, we preliminarily
applied adverse facts available (AFA) to
Sunlake. Specifically, we preliminarily
considered all of Sunlake’s exports of
tissue paper products from Thailand to
be of PRC origin and concluded that
Sunlake is circumventing the Order. We
also assigned Sunlake a margin of
112.64 percent, which is the highest
corroborated rate on the record in any
completed segment of the tissue paper
proceeding.
No party filed comments objecting to
the Department’s Preliminary
Determination and no further
information has come to the
Department’s attention warranting
reconsideration of that determination.
Therefore, we continue to find that the
application of facts available is
necessary pursuant to section 776(a) of
the Act, and that Sunlake has failed to
act to the best of its ability in this
circumvention proceeding, warranting
the use of an adverse inference under
section 776(b) of the Act. Thus, as AFA,
we continue to determine that all of
Sunlake’s exports of tissue paper
products from Thailand to the United
States are, in fact, of PRC origin, and
that Sunlake is circumventing the
Order.
Accordingly, for this final
determination, we are applying to
Sunlake a margin of 112.64 percent, as
AFA. This margin is the highest rate on
the record in any completed segment of
this proceeding (i.e., the LTFV
investigation, and the first and second
administrative reviews) and it has been
corroborated in accordance with section
776(c) of the Act, as discussed in detail
in the Preliminary Determination, 74 FR
at 20918.
VerDate Nov<24>2008
16:25 Jun 18, 2009
Jkt 217001
Suspension of Liquidation and Cash
Deposit Requirement
In accordance with section 19 CFR
351.225(l), the Department will direct
CBP to continue to suspend liquidation
and to require a cash deposit of
estimated duties, at the rate of 112.64
percent, on all unliquidated entries of
certain tissue paper products produced
in and exported from Thailand by
Sunlake that were entered, or
withdrawn from warehouse, for
consumption on or after October 21,
2008, the date of initiation of the
circumvention inquiry.
Notification to Interested Parties
This notice also serves as the only
reminder to parties subject to
administrative protective order (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 regulation 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: June 12, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E9–14359 Filed 6–18–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–831]
Fresh Garlic From the People’s
Republic of China: Final Results and
Partial Rescission of the 13th
Antidumping Duty Administrative
Review and New Shipper Reviews
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) is conducting the
administrative review (AR) and new
shipper reviews (NSRs) of the
antidumping duty order on fresh garlic
from the People’s Republic of China
(PRC) covering the period of review
(POR) of November 1, 2006 through
October 31, 2007. As discussed below,
we determine that sales have been made
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
in the United States at prices below
normal value (NV) with respect to
certain exporters who participated fully
and are entitled to a separate rate in the
AR or NSRs. In addition, we are
rescinding the NSRs for two companies.
Finally, the Department is rescinding
the antidumping duty AR of companies
that timely certified that they had no
shipments of subject merchandise to the
United States during the POR. We
intend to instruct U.S. Customs and
Border Protection (CBP) to assess
antidumping duties on entries of subject
merchandise during the POR for which
importer-specific assessment rates are
above de minimis.
DATES: Effective Date: June 19, 2009.
FOR FURTHER INFORMATION CONTACT:
Scott Lindsay, Nicholas Czajkowski, or
Summer Avery, AD/CVD Operations,
Office 6, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW.,
Washington DC 20230; telephone: (202)
482–0780, (202) 482–1395, and (202)
482–4052, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 8, 2008, the Department
published in the Federal Register the
preliminary results of the AR and NSRs
of the antidumping duty order on fresh
garlic from the PRC. See Fresh Garlic
from the People’s Republic of China:
Preliminary Results of the Antidumping
Duty Administrative and New Shipper
Reviews and Intent to Rescind, in Part,
the Antidumping Duty Administrative
and New Shipper Reviews, 73 FR 74462
(December 8, 2008) (Preliminary
Results). Since the Preliminary Results,
the following events have occurred.
Shandong Chenhe International
Trading Co., Ltd. (Chenhe) filed letters
on December 12 and December 31,
requesting that the Department rescind
this AR with respect to Chenhe and
remove it from the list of companies
subject to the PRC-wide rate, as
determined in the Preliminary Results.
On December 15, Shenzhen Greening
Trading Co., Ltd. (Greening) also filed a
letter seeking removal from the list of
companies subject to the PRC-wide rate
and revised publication of the
Preliminary Results. On December 18,
the Department notified parties that case
briefs would be due seven days after the
last verification report was issued. On
December 19 and 23, the Fresh Garlic
Producers Association (FGPA) and its
individual members (Christopher Ranch
LLC, the Garlic Company, Valley Garlic,
and Vessey and Company, Inc.)
(collectively, Petitioners), filed letters in
E:\FR\FM\19JNN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 117 (Friday, June 19, 2009)]
[Notices]
[Pages 29172-29174]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14359]
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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
exported to the United States from Thailand by Sunlake D[eacute]cor
Co., Ltd. (Sunlake)\1\ are made from jumbo rolls and/or cut sheets of
tissue paper produced in the People's Republic of China (PRC), and are
circumventing the antidumping duty order on certain tissue paper
products from the 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).
---------------------------------------------------------------------------
\1\ Sunlake is a company located in Thailand.
---------------------------------------------------------------------------
EFFECTIVE DATE: June 19, 2009.
FOR FURTHER INFORMATION CONTACT: Gemal Brangman or Brian Smith, 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-
3773 or (202) 482-1776, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 30, 2009, the Department of Commerce (the Department)
issued its affirmative preliminary determination that certain tissue
paper products produced in, and exported from, Thailand by Sunlake
using PRC-origin jumbo rolls and/or cut sheets of tissue paper are
circumventing the antidumping duty order on tissue paper from the PRC,
as provided in section 781(b) of the Act. See Certain Tissue Paper from
the People's Republic of China: Affirmative Preliminary Determination
of Circumvention of the Antidumping Duty Order, 74 FR 20915 (May 6,
2009) (Preliminary Determination).
On May 1, 2009, the Department notified the U.S. International
Trade Commission (ITC) of its affirmative preliminary determination of
[[Page 29173]]
circumvention of the antidumping duty order on certain tissue paper
products from the PRC by Sunlake, in accordance with section 781(e) of
the Act. On May 27, 2009, the ITC notified the Department that it would
not be requesting consultations concerning the Department's preliminary
circumvention finding, pursuant to section 781(e) of the Act and 19 CFR
351.225(f)(7)(i)(B).
After receipt of notification from the ITC and consistent with the
Preliminary Determination, on May 29, 2009, we instructed U.S. Customs
and Border Protection (CBP) to suspend liquidation and to require a
cash deposit of estimated duties, at the rate of 112.64 percent, on all
unliquidated entries of certain tissue paper products produced in and
exported from Thailand by Sunlake that were entered or withdrawn from
warehouse, for consumption on or after October 21, 2008, the date of
initiation of the circumvention inquiry.
We invited interested parties to comment on the Preliminary
Determination. Comments were due June 5, 2009; however, no interested
party submitted comments. We have conducted this inquiry in accordance
with section 781(b) of the Act.
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\
---------------------------------------------------------------------------
\2\ On January 30, 2007, at the direction of CBP, the Department
added the following HTSUS classifications to the AD/CVD module for
tissue paper: 4802.54.3100, 4802.54.6100, and 4823.90.6700. However,
we note that the six-digit classifications for these numbers were
already listed in the scope.
---------------------------------------------------------------------------
Excluded from the scope of this order are the following tissue
paper products: (1) tissue paper products that are coated in wax,
paraffin, or polymers, of a kind used in floral and food service
applications; (2) tissue paper products that have been perforated,
embossed, or die-cut to the shape of a toilet seat, i.e., disposable
sanitary covers for toilet seats; (3) toilet or facial tissue stock,
towel or napkin stock, paper of a kind used for household or sanitary
purposes, cellulose wadding, and webs of cellulose fibers (HTSUS
4803.00.20.00 and 4803.00.40.00).
Scope of the Circumvention Inquiry
The products covered by this inquiry are tissue paper products, as
described above in the ``Scope of the Antidumping Duty Order'' section,
which are produced in Thailand from PRC-origin jumbo rolls and/or cut
sheets of tissue paper, and exported to the United States from Thailand
by Sunlake.
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; (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; and (E) the administering authority determines that action is
appropriate to prevent evasion of such order.
The Department's questionnaire issued to Sunlake was designed to
elicit information 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. This approach is
consistent with our analyses in prior circumvention inquiries. See,
e.g., Certain Tissue Paper Products From the People's Republic of
China: Affirmative Final Determination of Circumvention of the
Antidumping Duty Order, 73 FR 57591 (October 3, 2008); and
Circumvention and Scope Inquiries on the Antidumping Duty Order on
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam:
Partial Affirmative Final Determination of Circumvention of the
Antidumping Duty Order, Partial Final Termination of Circumvention
Inquiry and Final Rescission of Scope Inquiry, 71 FR 38608 (July 7,
2006). Sunlake failed to provide any of the information requested in
the Department's questionnaire.
Final Determination
Section 776(a)(2) of the Act provides that if an interested party:
(A) withholds information that has been requested by the Department;
(B) fails to provide such information in a timely manner or in the form
or manner requested, subject to sections 782(c)(1) and (e) of the Act;
(C) significantly impedes a proceeding under the antidumping statute;
or (D) provides such information but the information cannot be
verified, the Department shall, subject to section 782(d) of the Act,
use facts otherwise available in reaching the applicable determination.
Furthermore, section 776(b) of the Act provides that, if the
Department finds that an interested party ``has failed to cooperate by
not acting to the best of its ability to comply with a request for
information,'' the Department may use information that is adverse to
the interests of that party as facts otherwise available. Adverse
inferences are appropriate ``to ensure that the party does not obtain a
more favorable result by failing to cooperate than if it had cooperated
fully.'' See Statement of Administrative Action accompanying the
Uruguay Round Agreements Act, H. Rep. No. 103-316, Vol. 1, at 870
(1994). Furthermore, ``affirmative evidence of bad faith on the part of
a respondent is not required before the Department may
[[Page 29174]]
make an adverse inference.'' See Antidumping Duties; Countervailing
Duties; Final Rule, 62 FR 27296, 27340 (May 19, 1997). See also Nippon
Steel Corp. v. United States, 337 F.3d 1373, 1382 (Fed. Cir. 2003).
As discussed in detail in the Preliminary Determination, 74 FR at
20916-20918, Sunlake refused to respond to the Department's
questionnaire despite being given ample opportunity to do so by the
Department. Thus, pursuant to sections 776(a)(2)(A), (B), and (C) of
the Act, the Department found that the use of facts available was
appropriate for Sunlake in this circumvention proceeding. Furthermore,
the Department found that Sunlake had not acted to the best of its
ability in this circumvention proceeding within the meaning of section
776(b) of the Act. Accordingly, we preliminarily applied adverse facts
available (AFA) to Sunlake. Specifically, we preliminarily considered
all of Sunlake's exports of tissue paper products from Thailand to be
of PRC origin and concluded that Sunlake is circumventing the Order. We
also assigned Sunlake a margin of 112.64 percent, which is the highest
corroborated rate on the record in any completed segment of the tissue
paper proceeding.
No party filed comments objecting to the Department's Preliminary
Determination and no further information has come to the Department's
attention warranting reconsideration of that determination. Therefore,
we continue to find that the application of facts available is
necessary pursuant to section 776(a) of the Act, and that Sunlake has
failed to act to the best of its ability in this circumvention
proceeding, warranting the use of an adverse inference under section
776(b) of the Act. Thus, as AFA, we continue to determine that all of
Sunlake's exports of tissue paper products from Thailand to the United
States are, in fact, of PRC origin, and that Sunlake is circumventing
the Order.
Accordingly, for this final determination, we are applying to
Sunlake a margin of 112.64 percent, as AFA. This margin is the highest
rate on the record in any completed segment of this proceeding (i.e.,
the LTFV investigation, and the first and second administrative
reviews) and it has been corroborated in accordance with section 776(c)
of the Act, as discussed in detail in the Preliminary Determination, 74
FR at 20918.
Suspension of Liquidation and Cash Deposit Requirement
In accordance with section 19 CFR 351.225(l), the Department will
direct CBP to continue to suspend liquidation and to require a cash
deposit of estimated duties, at the rate of 112.64 percent, on all
unliquidated entries of certain tissue paper products produced in and
exported from Thailand by Sunlake that were entered, or withdrawn from
warehouse, for consumption on or after October 21, 2008, the date of
initiation of the circumvention inquiry.
Notification to Interested Parties
This notice also serves as the only reminder to parties subject to
administrative protective order (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 regulation 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: June 12, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-14359 Filed 6-18-09; 8:45 am]
BILLING CODE 3510-DS-S
