Certain Lined Paper Products From the People's Republic of China: Notice of Preliminary Results of the Antidumping Duty Administrative Review, 36662-36667 [E9-17716]
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Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / Notices
Dated: July 20, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–901]
Appendix I—Changes From the
Preliminary Determination
General Issues
Comment 1: Double Remedy: Antidumping
Duties and CVD Duties
Comment 2: New King Shan’s Antidumping
Duty Margin
Comment 3: Filing Issues Concerning
Petitioners’ Submissions
Comment 4: Rejection of New King Shan’s
Minor Corrections
Comment 5: Rejection of New Information in
New King Shan’s Surrogate Value
Rebuttal Submission
Surrogate Values
Comment 6: Wire Rod
Comment 7: Hydrochloric Acid
Comment 8: Sodium Triphosphate
Comment 9: Nickel Anode
Surrogate Financial Ratios
Comment 10: Surrogate Financial Companies
Comment 11: Treatment of Gratuity Benefits
Comment 12: Treatment of Commissions
Comment 13: Treatment of Advertising
Comment 14: Treatment of Job Work Charges
Comment 15: Treatment of Labor Expenses
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Company-Specific Issues
Comment 16: Wireking
A. Total Adverse Facts Available (‘‘AFA’’)
for Wireking
B. Partial AFA for Factors of Production
(‘‘FOPs’’)
C. Partial AFA for Labor
D. Partial AFA for Underreported Weightper-Piece FOPs
E. Partial AFA for Yield Loss
F. Partial AFA for Market Economy
Movement Expenses
G. Facts Available (‘‘FA’’) for PVC Buffer
H. Water
I. Unreported U.S. Sales
J. Distance from Factory to Port
K. Name Correction
Comment 17: New King Shan
A. Total AFA for New King Shan
B. Partial AFA for FOPs
C. Yield Loss and Steel Scrap
D. Allocation of Stainless Steel and Steel
Plate Products
E. Date of Sale
F. Verification of Quantity and Value of
U.S. Sales
G. Interest Rate for Sale Expenses
H. U.S. Warehousing
I. U.S. Indirect Selling Expenses
J. Credit Expenses
K. U.S. Customs Duty
L. Reporting of Ocean Freight
M. Affiliate’s Market Economy (‘‘ME’’)
Purchases
N. Period for Credit Expenses
[FR Doc. E9–17717 Filed 7–23–09; 8:45 am]
BILLING CODE 3510–DS–P
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Certain Lined Paper Products From the
People’s Republic of China: Notice of
Preliminary Results of the
Antidumping Duty Administrative
Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is conducting the
second administrative review of the
antidumping duty order on certain lined
paper products (‘‘CLPP’’) from the
People’s Republic of China (‘‘PRC’’)
with respect to two companies: the
Watanabe Group, which consists of
Watanabe Paper Products (‘‘Shanghai’’)
Co., Ltd., Watanabe Paper Products
(‘‘Lingqing’’) Co., Ltd., and Hotrock
Stationery (‘‘Shenzhen’’) Co., Ltd.
(collectively, ‘‘the Watanabe Group’’)
and Shanghai Lian Li Paper Products
Co., Ltd. (‘‘Lian Li’’). The period of
review (‘‘POR’’) is September 1, 2007,
through August 31, 2008. See Initiation
of Antidumping and Countervailing
Duty Administrative Reviews and
Deferral of Administrative Review, 73
FR 64305 (October 29, 2008) (‘‘Notice of
Initiation’’). On June 4, 2009, the
Department published its intent to
rescind this administrative review in
part with respect to Lian Li. See Certain
Lined Paper Products From the People’s
Republic of China: Notice of Intent to
Rescind, In Part, Antidumping Duty
Administrative Review and Extension of
Time Limits for Preliminary Results of
Antidumping Duty Administrative
Review, 74 FR 26840 (June 4, 2009)
(‘‘Notice of Intent to Rescind and Prelim
Extension’’). If these preliminary results
are adopted in our final results of this
review, we will instruct U.S. Customs
and Border Protection (‘‘CBP’’) to assess
antidumping duties on all appropriate
entries of subject merchandise during
the POR.
Interested parties are invited to
comment on these preliminary results.
We intend to issue the final results no
later than 120 days from the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Tariff Act of
1930, as amended (‘‘the Act’’).
DATES: Effective Date: July 24, 2009.
FOR FURTHER INFORMATION CONTACT: Joy
Zhang or Victoria Cho, AD/CVD
Operations, Office 3, Import
Administration, International Trade
Administration, Department of
Commerce, 14th Street and Constitution
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Avenue, NW., Washington, DC 20230;
telephone: (202) 482–1168 or (202) 482–
5075, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 28, 2006, the
Department published in the Federal
Register an antidumping duty order on
CLPP from the PRC.1 On September 2,
2008, the Department published a notice
of opportunity to request an
administrative review of the
antidumping duty order on CLPP from
the PRC. See Antidumping or
Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity
To Request Administrative Review, 73
FR 51272 (September 2, 2008). On
September 30, 2008, the Association of
American School Paper Suppliers, a
domestic interested party and the
petitioner in the underlying
investigation (‘‘Petitioner’’), requested
that the Department conduct an
administrative review of the Watanabe
Group and Lian Li.
On October 29, 2008, the Department
initiated this review with respect to
both requested companies. See Notice of
Initiation. On November 13, 2008, Lian
Li submitted a letter certifying that it
did not have any shipments of subject
merchandise during the POR. On
January 29, 2009, Lian Li submitted
product samples of the merchandise it
exported to the United States during the
POR, which Lian Li claimed were nonsubject merchandise. On March 4, 2009,
counsel for petitioner inspected Lian
Li’s product samples. See Memorandum
to the File from Joy Zhang titled
‘‘Inspecting the Product Samples by
Counsel for the Association of American
School Paper Supplies,’’ dated March 4,
2009.
On June 4, 2009, the Department
published a notice extending the
deadline for the preliminary results for
120 days to September 30, 2009. In this
notice the Department also published its
intent to rescind this administrative
review in part with respect to Lian Li.
See Notice of Intent to Rescind and
Prelim Extension, 74 FR 26840 (June 4,
2009).
On December 2, 2008, the Department
issued an antidumping questionnaire to
the Watanbe Group. On January 8, 2009,
the Watanbe Group submitted a letter
1 See Notice of Amended Final Determination of
Sales at Less Than Fair Value: Certain Lined Paper
Products from the People’s Republic of China;
Notice of Antidumping Duty Orders: Certain Lined
Paper Products from India, Indonesia and the
People’s Republic of China; and Notice of
Countervailing Duty Orders: Certain Lined Paper
Products from India and Indonesia, 71 FR 56949
(September 28, 2006).
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stating that it did not export for
consumption in the United States lined
paper products subject to the scope of
the antidumping order of CLPP during
the POR. See the Watanabe Group’s
January 8, 2009, submission at 1. The
Department conducted a CBP data query
on December 3, 2008. On February 2,
2009, the Department released the
results of the Department’s internal CBP
data query with respect to the Watanabe
Group’s shipments of subject
merchandise to the United States during
the POR to the interested parties under
the Department’s December 18, 2008,
administrative protective order (‘‘APO’’)
in this segment of the proceeding, and
requested that the Watanabe Group
respond to the Department’s
antidumping questionnaire. On March
11, 2009, the Department released to the
interested parties under APO CBP entry
documentation covering the Watanabe
Group’s shipments, which indicated
entries of subject merchandise during
the POR for which the Watanabe Group
was the producer and/or exporter. On
March 18, 2009, the Watanabe Group
submitted a letter to the Department,
claiming that the shipments in question
are either outside the scope of the
antidumping order, outside of the POR
based on the Department’s date of sale
methodology, or both, and therefore not
subject to the administrative review. See
the Watanabe Group’s March 18, 2009,
submission at 3.
In a letter to the Watanabe Group on
March 26, 2009, the Department
explained that the Department’s
antidumping questionnaire requires
respondents to report sales of subject
merchandise entered for consumption
during the POR, and that because there
were entries of the Watanabe Group’s
merchandise during the POR, the
Watanabe Group is required to fully
respond to the Department’s
antidumping questionnaire. See Letter
from James Terpstra, Program Manager,
AD/CVD, Office 3, Import
Administration to the Watanabe Group,
dated March 26, 2009. The Watanabe
Group submitted a response on April 9,
2009, which only answered three
questions of Section C of the
Department’s multi-faceted
antidumping questionnaire with respect
to the date of sales, claiming that the
Watanabe Group ‘‘is responding to the
best of its ability for the relevant parts
of the antidumping questionnaire.’’ The
Watanabe Group reiterated that it did
not export subject merchandise to the
United States during the POR. See the
Watanabe Group’s April 9, 2009,
submission at 2. The Watanabe Group
stated that its certification of no sales
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was based on the date of the invoice for
export sales. Id. at 2–3.
On April 22, 2009, the Department
sent a letter to the Watanabe Group
reiterating its request that the Watanabe
Group respond fully to the Department’s
antidumping questionnaire. The letter
explained again the authority under
which the Department is requiring
responses. Namely, section 351.213(e) of
the Department’s regulations gives the
Department flexibility by stating that the
review ‘‘will cover, as appropriate,
entries, exports, or sales * * *’’ Section
751(a)(2)(A) of the Tariff Act of 1930, as
amended (‘‘the Act’’) provides that
where a request for review has been
received and a review has been
initiated, the Department shall perform
a dumping calculation for each entry
during the POR. See Letter from James
Terpstra, Program Manager, AD/CVD,
Office 3, Import Administration to the
Watanabe Group, dated April 22, 2009,
(the Department’s April 22, 2009 letter)
at 1. The letter instructed that for sales
based on export price (‘‘EP’’), if the
Watanabe Group did not know the entry
dates, the Watanabe Group should
report each transaction involving
merchandise sold and/or shipped
during the period June 1, 2007, through
August 31, 2008. Id. at 2. The letter
further advised the Watanabe Group
that information submitted after the
deadline may result in the use of facts
available pursuant to section 776(c) of
the Act. On May 1, 2009, the Watanabe
Group requested an extension of time to
respond to the Department’s
questionnaire. See the Watanabe
Group’s May 1, 2009, submission at 1.
On May 5, 2009, the Department granted
the Watanabe Group’s request in full;
specifically, an extension until May 20,
2009, to file its Section A response and
an extension until June 3, 2009, to file
its Sections C and D response.
On May 20, 2009, counsel for the
Watanabe Group informed the
Department that the Watanabe Group
had decided that it would not submit a
response to the Department’s
questionnaire. See Memorandum to the
File from James Terpstra titled
‘‘Watanabe Telephone Call,’’ dated June
1, 2009. On June 3, 2009, the Watanabe
Group notified the Department in
writing that it was not responding to
Sections A, C and D of the antidumping
questionnaire because it had explained
and certified on the record that it did
not sell subject merchandise for export
to the United States during the POR
based on its understanding of the term
‘‘sales’’ as defined under the
antidumping law. See the Watanabe
Group’s June 3, 2009, submission at 2.
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On June 10, 2009, Petitioner filed
comments on the Watanabe Group’s
June 3, 2009, letter, urging the
Department to respond to the Watanabe
Group’s failure to cooperate by
expediting the preliminary results and
base the Watanabe Group’s margin on
adverse facts available (‘‘AFA’’). On
June 10, 2009, Petitioner also filed a
letter requesting that the Department
expedite the preliminary and final
results for this administrative review.
Petitioner stated that the Department
extended the period of time for
completion of the preliminary results of
this review until no later than
September 30, 2009, to accommodate
the Watanabe Group’s extension request
and to permit sufficient time to analyze
its forthcoming response. See Notice of
Intent to Rescind and Prelim Extension.
Petitioner contends that because the
Watanabe Group has affirmatively stated
that it would not respond to the
questionnaire, the Department should
immediately issue a preliminary
determination based on adverse
inferences.
Period of Review
The POR covered by this review is
September 1, 2007, through August 31,
2008.
Scope of the Order
The scope of this order includes
certain lined paper products, typically
school supplies (for purposes of this
scope definition, the actual use of or
labeling these products as school
supplies or non-school supplies is not a
defining characteristic) composed of or
including paper that incorporates
straight horizontal and/or vertical lines
on ten or more paper sheets (there shall
be no minimum page requirement for
looseleaf filler paper) including but not
limited to such products as single- and
multi-subject notebooks, composition
books, wireless notebooks, looseleaf or
glued filler paper, graph paper, and
laboratory notebooks, and with the
smaller dimension of the paper
measuring 6 inches to 15 inches
(inclusive) and the larger dimension of
the paper measuring 83⁄4 inches to 15
inches (inclusive). Page dimensions are
measured size (not advertised, stated, or
‘‘tear-out’’ size), and are measured as
they appear in the product (i.e., stitched
and folded pages in a notebook are
measured by the size of the page as it
appears in the notebook page, not the
size of the unfolded paper). However,
for measurement purposes, pages with
tapered or rounded edges shall be
measured at their longest and widest
points. Subject lined paper products
may be loose, packaged or bound using
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any binding method (other than case
bound through the inclusion of binders
board, a spine strip, and cover wrap).
Subject merchandise may or may not
contain any combination of a front
cover, a rear cover, and/or backing of
any composition, regardless of the
inclusion of images or graphics on the
cover, backing, or paper. Subject
merchandise is within the scope of this
order whether or not the lined paper
and/or cover are hole punched, drilled,
perforated, and/or reinforced. Subject
merchandise may contain accessory or
informational items including but not
limited to pockets, tabs, dividers,
closure devices, index cards, stencils,
protractors, writing implements,
reference materials such as
mathematical tables, or printed items
such as sticker sheets or miniature
calendars, if such items are physically
incorporated, included with, or attached
to the product, cover and/or backing
thereto.
Specifically excluded from the scope
of this order are:
• Unlined copy machine paper;
• Writing pads with a backing
(including but not limited to products
commonly known as ‘‘tablets,’’ ‘‘note
pads,’’ ‘‘legal pads,’’ and ‘‘quadrille
pads’’), provided that they do not have
a front cover (whether permanent or
removable). This exclusion does not
apply to such writing pads if they
consist of hole-punched or drilled filler
paper;
• Three-ring or multiple-ring binders,
or notebook organizers incorporating
such a ring binder provided that they do
not include subject paper;
• Index cards;
• Printed books and other books that
are case bound through the inclusion of
binders board, a spine strip, and cover
wrap;
• Newspapers;
• Pictures and photographs;
• Desk and wall calendars and
organizers (including but not limited to
such products generally known as
‘‘office planners,’’ ‘‘time books,’’ and
‘‘appointment books’’);
• Telephone logs;
• Address books;
• Columnar pads & tablets, with or
without covers, primarily suited for the
recording of written numerical business
data;
• Lined business or office forms,
including but not limited to: Pre-printed
business forms, lined invoice pads and
paper, mailing and address labels,
manifests, and shipping log books;
• Lined continuous computer paper;
• Boxed or packaged writing
stationary (including but not limited to
products commonly known as ‘‘fine
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business paper,’’ ‘‘parchment paper’’,
and ‘‘letterhead’’), whether or not
containing a lined header or decorative
lines;
• Stenographic pads (‘‘steno pads’’),
Gregg ruled (‘‘Gregg ruling’’ consists of
a single- or double-margin vertical
ruling line down the center of the page.
For a six-inch by nine-inch stenographic
pad, the ruling would be located
approximately three inches from the left
of the book), measuring 6 inches by 9
inches;
Also excluded from the scope of this
order are the following trademarked
products:
• FlyTM lined paper products: A
notebook, notebook organizer, loose or
glued note paper, with papers that are
printed with infrared reflective inks and
readable only by a FlyTM pen-top
computer. The product must bear the
valid trademark FlyTM (products found
to be bearing an invalidly licensed or
used trademark are not excluded from
the scope).
• ZwipesTM: A notebook or notebook
organizer made with a blended
polyolefin writing surface as the cover
and pocket surfaces of the notebook,
suitable for writing using a speciallydeveloped permanent marker and erase
system (known as a ZwipesTM pen).
This system allows the marker portion
to mark the writing surface with a
permanent ink. The eraser portion of the
marker dispenses a solvent capable of
solubilizing the permanent ink allowing
the ink to be removed. The product
must bear the valid trademark ZwipesTM
(products found to be bearing an
invalidly licensed or used trademark are
not excluded from the scope).
• FiveStar®AdvanceTM: A notebook or
notebook organizer bound by a
continuous spiral, or helical, wire and
with plastic front and rear covers made
of a blended polyolefin plastic material
joined by 300 denier polyester, coated
on the backside with PVC (poly vinyl
chloride) coating, and extending the
entire length of the spiral or helical
wire. The polyolefin plastic covers are
of specific thickness; front cover is
0.019 inches (within normal
manufacturing tolerances) and rear
cover is 0.028 inches (within normal
manufacturing tolerances). Integral with
the stitching that attaches the polyester
spine covering, is captured both ends of
a 1″ wide elastic fabric band. This band
is located 23⁄8″ from the top of the front
plastic cover and provides pen or pencil
storage. Both ends of the spiral wire are
cut and then bent backwards to overlap
with the previous coil but specifically
outside the coil diameter but inside the
polyester covering. During construction,
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the polyester covering is sewn to the
front and rear covers face to face
(outside to outside) so that when the
book is closed, the stitching is
concealed from the outside. Both free
ends (the ends not sewn to the cover
and back) are stitched with a turned
edge construction. The flexible
polyester material forms a covering over
the spiral wire to protect it and provide
a comfortable grip on the product. The
product must bear the valid trademarks
FiveStar®AdvanceTM (products found to
be bearing an invalidly licensed or used
trademark are not excluded from the
scope).
FiveStar FlexTM: A notebook, a
notebook organizer, or binder with
plastic polyolefin front and rear covers
joined by 300 denier polyester spine
cover extending the entire length of the
spine and bound by a 3-ring plastic
fixture. The polyolefin plastic covers are
of a specific thickness; front cover is
0.019 inches (within normal
manufacturing tolerances) and rear
cover is 0.028 inches (within normal
manufacturing tolerances). During
construction, the polyester covering is
sewn to the front cover face to face
(outside to outside) so that when the
book is closed, the stitching is
concealed from the outside. During
construction, the polyester cover is
sewn to the back cover with the outside
of the polyester spine cover to the inside
back cover. Both free ends (the ends not
sewn to the cover and back) are stitched
with a turned edge construction. Each
ring within the fixture is comprised of
a flexible strap portion that snaps into
a stationary post which forms a closed
binding ring. The ring fixture is riveted
with six metal rivets and sewn to the
back plastic cover and is specifically
positioned on the outside back cover.
The product must bear the valid
trademark FiveStar FlexTM (products
found to be bearing an invalidly
licensed or used trademark are not
excluded from the scope). Merchandise
subject to this order is typically
imported under headings 4820.10.2020,
4820.10.2030, 4820.10.2040,
4820.10.2050, 4820.10.2060,
4810.22.5044, 4811.90.9090,
4820.10.2010 of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’). The HTSUS headings are
provided for convenience and customs
purposes; however, the written
description of the scope of this order is
dispositive.
Separate Rates
In the Notice of Initiation, the
Department notified parties of its policy
on separate-rate eligibility in
proceedings involving non-market
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economy (NME) countries. See Notice of
Initiation.
In proceedings involving NME
countries, the Department has a
rebuttable presumption that all
companies within the country are
subject to government control and thus
should be assessed a single antidumping
duty rate. It is the Department’s policy
to assign all exporters of subject
merchandise in an NME country this
single rate unless an exporter can
demonstrate that it is sufficiently
independent so as to be entitled to a
separate rate. Exporters can demonstrate
this independence through the absence
of both de jure and de facto
governmental control over export
activities. The Department analyzes
each entity exporting the subject
merchandise under a test arising from
the Notice of Final Determination of
Sales at Less Than Fair Value: Sparklers
from the People’s Republic of China, 56
FR 20588 (May 6, 1991), as further
developed in Notice of Final
Determination of Sales at Less Than
Fair Value: Silicon Carbide from the
People’s Republic of China, 59 FR 22585
(May 2, 1994). However, if the
Department determines that a company
is wholly foreign-owned or located in a
market economy, then a separate rate
analysis is not necessary to determine
whether it is independent from
government control. It is the
Department’s practice to require a party
to submit evidence that it operates
independently of the State-controlled
entity in each segment of a proceeding
in which it requests separate rate status.
The process requires exporters to submit
a separate-rate status application. See
Tapered Roller Bearings and Parts
Thereof, Finished or Unfinished, from
the People’s Republic of China: Final
Results of 2005–2006 Administrative
Review and Partial Rescission of
Review, 72 FR 56724 (October 4, 2007),
Peer Bearing Co. Changshan v. United
States, 587 F.Supp. 2d 1319, 1324–25
(CIT 2008) (affirming the Department’s
determination in that review). The
Watanabe Group, which was selected as
a mandatory respondent, did not
respond to the Department’s request for
a separate rate certification on the
record of this review, nor did it respond
to the Department’s questionnaire.
Thus, the Watanabe Group has not
demonstrated that it operates free from
government control. Thus, we find that
for purposes of this review, the
Watanabe Group is part of the PRC-wide
entity.
Use of Adverse Facts Available
Section 776(a) of the Act provides
that, the Department shall apply ‘‘facts
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otherwise available’’ if (1) necessary
information is not on the record, or (2)
an interested party or any other person
(A) withholds information that has been
requested, (B) fails to provide
information within the deadlines
established, or in the form and manner
requested by the Department, subject to
subsections (c)(1) and (e) of section 782
of the Act, (C) significantly impedes a
proceeding, or (D) provides information
that cannot be verified as provided by
section 782(i) of the Act.
Where the Department determines
that a response to a request for
information does not comply with the
request, section 782(d) of the Act
provides that the Department will so
inform the party submitting the
response and will, to the extent
practicable, provide that party the
opportunity to remedy or explain the
deficiency. If the party fails to remedy
the deficiency within the applicable
time limits and subject to section 782(e)
of the Act, the Department may
disregard all or part of the original and
subsequent responses, as appropriate.
Section 782(e) of the Act provides that
the Department ‘‘shall not decline to
consider information that is submitted
by an interested party and is necessary
to the determination but does not meet
all applicable requirements established
by the administering authority’’ if the
information is timely, can be verified, is
not so incomplete that it cannot be used,
and if the interested party acted to the
best of its ability in providing the
information. Where all of these
conditions are met, the statute requires
the Department to use the information
supplied if it can do so without undue
difficulties.
Section 776(b) of the Act further
provides that the Department may use
an adverse inference in applying the
facts otherwise available when a party
has failed to cooperate by not acting to
the best of its ability to comply with a
request for information. Such an adverse
inference may include reliance on
information derived from the petition,
the final determination, a previous
administrative review, or other
information placed on the record.
Section 776(c) of the Act provides
that, when the Department relies on
secondary information rather than on
information obtained in the course of an
investigation or review, it shall, to the
extent practicable, corroborate that
information from independent sources
that are reasonably at its disposal.
Secondary information is defined as
‘‘{i}nformation derived from the
petition that gave rise to the
investigation or review, the final
determination concerning the subject
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36665
merchandise, or any previous review
under section 751 concerning the
subject merchandise.’’ See Statement of
Administrative Action, reprinted in H.R.
Doc. No. 103–216, at 870 (1994)
(‘‘SAA’’). Corroborate means that the
Department will satisfy itself that the
secondary information to be used has
probative value. Id. To corroborate
secondary information, the Department
will, to the extent practicable, examine
the reliability and relevance of the
information to be used.
Application of Total Adverse Facts
Available
The Watanabe Group
As discussed above, the Watanabe
Group submitted an incomplete
response to the Department’s original
questionnaire, claiming it did not sell
subject merchandise to the United
States during the POR, and therefore, it
would not respond additionally to
Sections A, C and D of the Department’s
questionnaire. See the Watanabe
Group’s June 3, 2009, submission at 1.
As noted above, the Department
explained in its March 26, and April 22,
2009, letters the scope of the review and
the Department’s legal authority to
require responses covering entries
during the POR. In response to the
Watanabe Group’s request, the
Department extended its deadline for
the Watanabe Group’s response.
However, the Watanabe Group reported
to the Department that it did not intend
to submit additional responses.
By failing to respond to the
Department’s requests for information,
the Watanabe Group has not
demonstrated its eligibility for a
separate rate; i.e., the Watanabe Group
has not proven it is free from the
government control. Therefore, the
Watanabe Group is considered part of
the PRC-wide entity. Additionally,
because the Watanabe Group is now
part of the PRC-wide entity, the PRCwide entity is now under review.
The PRC-Wide Entity
As explained above, the PRC-wide
entity, which includes the Watanabe
Group, withheld necessary information
by failing to supply the requested
information on its shipments of subject
merchandise to the United States in a
timely manner. Therefore, it is
appropriate to apply a dumping margin
for the PRC-wide entity using facts
available on the record. See section
776(a) of the Act. In addition, because
the PRC-wide entity failed to cooperate
to the best of its ability, we find that an
adverse inference is appropriate. See
section 776(b) of the Act.
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Selection of Adverse Facts Available
Rate
In deciding which facts to use as
AFA, section 776(b) of the Act and 19
CFR 351.308(c)(1) provide that the
Department may rely on information
derived from (1) the petition, (2) a final
determination in the investigation, (3)
any previous review or determination,
or (4) any other information placed on
the record. In selecting a rate for AFA,
the Department selects a rate that is
sufficiently adverse ‘‘as to effectuate the
purpose of the facts available rule to
induce respondents to provide the
Department with complete and accurate
information in a timely manner.’’ See
Circular Welded Austenitic Stainless
Pressure Pipe from the People’s
Republic of China: Final Determination
of Sales at Less Than Fair Value, 74 FR
4913 (January 28, 2009)). Further, it is
the Department’s practice to select a rate
that ensures ‘‘that the party does not
obtain a more favorable result by failing
to cooperate than if it had cooperated
fully.’’ See SAA at 870; see also Brake
Rotors From the People’s Republic of
China: Final Results and Partial
Rescission of the Seventh
Administrative Review; Final Results of
the Eleventh New Shipper Review, 70
FR 69937, 69939 (November 18, 2005).
Generally, the Department finds that
selecting the highest rate from any
segment of the proceeding as AFA is
appropriate. See, e.g., Certain Cased
Pencils from the People’s Republic of
China; Notice of Preliminary Results of
Antidumping Duty Administrative
Review and Intent to Rescind in Part, 70
FR 76755, 76761 (December 28, 2005).
The CIT and the Court of Appeals for
the Federal Circuit (‘‘Federal Circuit’’)
have affirmed decisions to select the
highest margin from any prior segment
of the proceeding as the AFA rate on
numerous occasions. See Rhone
Poulenc, Inc. v. United States, 899 F.2d
1185, 1190 (Fed. Cir. 1990) (Rhone
Poulenc); NSK Ltd. v. United States, 346
F. Supp. 2d 1312, 1335 (CIT 2004)
(upholding the application of an AFA
rate which was the highest available
dumping margin from a different
respondent in an investigation); see also
Kompass Food Trading Int’l v. United
States, 24 CIT 678, 689 (July 31, 2000)
(upholding the application of an AFA
rate which was the highest available
dumping margin from a different, fully
cooperative respondent); and Shanghai
Taoen International Trading Co., Ltd. v.
United States, 360 F. Supp 2d 1339,
1348 (CIT 2005) (upholding the
application of an AFA rate which was
the highest available dumping margin
VerDate Nov<24>2008
18:55 Jul 23, 2009
Jkt 217001
from a different respondent in a
previous administrative review).
As AFA, we have preliminarily
assigned to the PRC-wide entity a rate
of 258.21 percent, from the investigation
of CLPP from the PRC, which is the
highest rate on the record of all
segments of this proceeding. See Notice
of Amended Final Determination of
Sales at Less Than Fair Value: Certain
Lined Paper Products from the People’s
Republic of China; Notice of
Antidumping Duty Orders: Certain
Lined Paper Products from India,
Indonesia and the People’s Republic of
China; and Notice of Countervailing
Duty Orders: Certain Lined Paper
Products from India and Indonesia, 71
FR 56949 (September 28, 2006). As
explained below, this rate has been
corroborated.
Corroboration of Secondary
Information
Section 776(c) of the Act provides
that, when the Department relies on
secondary information rather than on
information obtained in the course of an
investigation or review, it shall, to the
extent practicable, corroborate that
information from independent sources
that are reasonably at its disposal.
Secondary information is defined as
information derived from the petition
that gave rise to the investigation or
review, the final determination
concerning the subject merchandise, or
any previous review under section 751
of the Act concerning the subject
merchandise. See SAA at 870.
Corroborate means that the Department
will satisfy itself that the secondary
information to be used has probative
value. Id. To corroborate secondary
information, the Department will, to the
extent practicable, examine the
reliability and relevance of the
information to be used. See Preliminary
Results of Antidumping Duty
Administrative Reviews and Partial
Termination of Administrative Reviews:
Tapered Roller Bearings and Parts
Thereof, Finished and Unfinished from
Japan, and Tapered Roller Bearings
Four Inches or Less in Outside
Diameter, and Components Thereof,
from Japan, 61 FR 57391, 57392
(November 6, 1996) (unchanged in the
final determination), Final Results of
Antidumping Duty Administrative
Reviews and Termination in Part:
Tapered Roller Bearings and Parts
Thereof, Finished and Unfinished from
Japan, and Tapered Roller Bearings
Four Inches or Less in Outside
Diameter, and Components Thereof,
from Japan, 62 FR 11825 (March 13,
1997). Independent sources used to
corroborate such evidence may include,
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
for example, published price lists,
official import statistics and customs
data, and information obtained from
interested parties during the particular
investigation. See Notice of Preliminary
Determination of Sales at Less Than
Fair Value: High and Ultra-High Voltage
Ceramic Station Post Insulators from
Japan, 68 FR 35627 (June 16, 2003)
(unchanged in final determination)
Notice of Final Determination of Sales
at Less Than Fair Value: High and Ultra
High Voltage Ceramic Station Post
Insulators from Japan, 68 FR 62560
(November 5, 2003); and Notice of
Final Determination of Sales at Less
Than Fair Value: Live Swine From
Canada, 70 FR 12181, 12183–84 (March
11, 2005).
The AFA rate selected here is from
the investigation. This rate was
calculated based on information
contained in the petition, which was
corroborated for the final determination.
No additional information has been
presented in the current review which
calls into question the reliability of the
information. Therefore, the Department
finds that the information continues to
be reliable.
Preliminary Results of Review
We preliminarily determine that the
following margin exists for the period
September 1, 2007, through August 31,
2008:
Producer/manufacturer
PRC-Wide Rate (which includes
the Watanabe Group) .............
Weightedaverage
margin
258.21%
Disclosure
The Department will disclose these
preliminary results to the parties within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b).
Comments
Interested parties are invited to
comment on the preliminary results and
may submit case briefs and/or written
comments within 30 days of the date of
publication of this notice. See 19 CFR
351.309(c)(ii). Rebuttal briefs, limited to
issues raised in the case briefs, will be
due five days later, pursuant to 19 CFR
351.309(d). Parties who submit case or
rebuttal briefs in this proceeding are
requested to submit with each argument
(1) a statement of the issue, and (2) a
brief summary of the argument. Parties
are requested to provide a summary of
the arguments not to exceed five pages
and a table of statutes, regulations, and
cases cited. Additionally, parties are
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Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / Notices
requested to provide their case brief and
rebuttal briefs in electronic format (e.g.,
Microsoft Word, pdf, etc.). Interested
parties, who wish to request a hearing
or to participate if one is requested,
must submit a written request to the
Assistant Secretary for Import
Administration within 30 days of the
date of publication of this notice.
Requests should contain: (1) The party’s
name, address, and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. See 19
CFR 351.310(c). Issues raised in the
hearing will be limited to those raised
in case and rebuttal briefs. The
Department will issue the final results
of this review, including the results of
its analysis of issues raised in any such
written briefs or at the hearing, if held,
not later than 120 days after the date of
publication of this notice.
srobinson on DSKHWCL6B1PROD with NOTICES
Assessment Rates
Upon issuance of the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review. The Department intends to issue
assessment instructions to CBP 15 days
after the publication date of the final
results of this review. We will instruct
CBP to liquidate the Watanabe Group’s
appropriate entries at the PRC-wide rate
of 258.21 percent.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
of the administrative review for all
shipments of CLPP from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication, as provided by section
751(a)(2)(C) of the Act: (1) For
previously reviewed or investigated
companies not listed above that have
separate rates, the cash-deposit rate will
continue to be the company-specific rate
published for the most recent period; (2)
for all other PRC exporters of subject
merchandise, which have not been
found to be entitled to a separate rate,
the cash-deposit rate will be PRC-wide
rate of 258.21 percent; and (3) for all
non-PRC exporters of subject
merchandise, the cash-deposit rate will
be the rate applicable to the PRC
exporter that supplied that non-PRC
exporter. These deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
VerDate Nov<24>2008
18:55 Jul 23, 2009
Jkt 217001
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 the subsequent assessment
of double antidumping duties.
This administrative review and notice
are in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.221(b)(4).
Dated: July 20, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E9–17716 Filed 7–23–09; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
U.S. Travel and Tourism Advisory
Board
AGENCY: International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of an Opportunity To
Apply for Membership on the U.S.
Travel and Tourism Advisory Board.
SUMMARY: The Department of Commerce
is currently seeking applications for
membership on the U.S. Travel and
Tourism Advisory Board (Board). The
purpose of the Board is to advise the
Secretary of Commerce on matters
relating to the travel and tourism
industry.
Please submit application
information to J. Marc Chittum, Office of
Advisory Committees, U.S. Travel and
Tourism Advisory Board Executive
Secretariat, U.S. Department of
Commerce, Room 4043, 1401
Constitution Avenue, NW., Washington,
DC 20230.
DATES: All applications must be
received by the Office of Advisory
Committees by close of business on
August 20, 2009.
FOR FURTHER INFORMATION CONTACT: J.
Marc Chittum, U.S. Travel and Tourism
Advisory Board, Room 4043, 1401
Constitution Avenue, NW., Washington,
DC 20230, telephone: 202–482–4501, email: Marc.Chittum@mail.doc.gov.
SUPPLEMENTARY INFORMATION: The Office
of Advisory Committees is accepting
applications for Board members for the
upcoming two-year charter term
beginning September 2009. Members
shall serve until the Board’s charter
expires on September 20, 2011.
ADDRESSES:
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
36667
Members will be selected, in accordance
with applicable Department of
Commerce guidelines, based on their
ability to advise the Secretary of
Commerce on matters relating to the
U.S. travel and tourism industries, to act
as a liaison among the stakeholders
represented by the membership and to
provide a forum for those stakeholders
on current and emerging issues in the
travel and tourism industry. Members of
the Board shall be selected in a manner
that ensures that the Board is balanced
in terms of points of view, industry
sector or subsector, range of products
and services, demographics, geographic
locations, and company size. Additional
factors which may be considered in the
selection of Board members include
candidates’ proven experience in
promoting, developing, and
implementing advertising and
marketing programs for travel-related or
tourism-related industries; or the
candidates’ proven abilities to manage
tourism-related or other service-related
organizations.
Each Board member shall serve as the
representative of a U.S. entity or U.S.
organization in the travel and tourism
sector. For the purposes of eligibility, a
U.S. entity shall be defined as a firm
incorporated in the United States (or an
unincorporated firm with its principal
place of business in the United States)
that is controlled by U.S. citizens or by
another U.S. entity. An entity is not a
U.S. entity if 50 percent plus one share
of its stock (if a corporation, or a similar
ownership interest of an unincorporated
entity) is controlled, directly or
indirectly, by non-U.S. citizens or nonU.S. entities. For the purposes of
eligibility, a U.S. organization shall be
defined as an organization, including a
trade association or government unit or
body, established under the laws of the
United States that is controlled by U.S.
citizens or by another U.S. organization
or entity, as determined based on board
of directors (or comparable governing
body), membership, and revenue
sources.
Priority may be given to a Chief
Executive Officer or President (or
comparable level of responsibility) of a
U.S. organization or U.S. entity in the
travel and tourism sector. Priority may
also be given to individuals with
international tourism marketing
experience.
Officers or employees of state and
regional tourism marketing entities are
eligible for consideration for Board
membership as representatives of U.S.
organizations. A state and regional
tourism marketing entity may include,
but is not limited to, state government
E:\FR\FM\24JYN1.SGM
24JYN1
]]>Agencies
[Federal Register Volume 74, Number 141 (Friday, July 24, 2009)]
[Notices]
[Pages 36662-36667]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17716]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-901]
Certain Lined Paper Products From the People's Republic of China:
Notice of Preliminary Results of the Antidumping Duty Administrative
Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting
the second administrative review of the antidumping duty order on
certain lined paper products (``CLPP'') from the People's Republic of
China (``PRC'') with respect to two companies: the Watanabe Group,
which consists of Watanabe Paper Products (``Shanghai'') Co., Ltd.,
Watanabe Paper Products (``Lingqing'') Co., Ltd., and Hotrock
Stationery (``Shenzhen'') Co., Ltd. (collectively, ``the Watanabe
Group'') and Shanghai Lian Li Paper Products Co., Ltd. (``Lian Li'').
The period of review (``POR'') is September 1, 2007, through August 31,
2008. See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Deferral of Administrative Review, 73 FR
64305 (October 29, 2008) (``Notice of Initiation''). On June 4, 2009,
the Department published its intent to rescind this administrative
review in part with respect to Lian Li. See Certain Lined Paper
Products From the People's Republic of China: Notice of Intent to
Rescind, In Part, Antidumping Duty Administrative Review and Extension
of Time Limits for Preliminary Results of Antidumping Duty
Administrative Review, 74 FR 26840 (June 4, 2009) (``Notice of Intent
to Rescind and Prelim Extension''). If these preliminary results are
adopted in our final results of this review, we will instruct U.S.
Customs and Border Protection (``CBP'') to assess antidumping duties on
all appropriate entries of subject merchandise during the POR.
Interested parties are invited to comment on these preliminary
results. We intend to issue the final results no later than 120 days
from the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Tariff Act of 1930, as amended (``the Act'').
DATES: Effective Date: July 24, 2009.
FOR FURTHER INFORMATION CONTACT: Joy Zhang or Victoria Cho, AD/CVD
Operations, Office 3, Import Administration, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230; telephone: (202) 482-1168 or (202)
482-5075, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 28, 2006, the Department published in the Federal
Register an antidumping duty order on CLPP from the PRC.\1\ On
September 2, 2008, the Department published a notice of opportunity to
request an administrative review of the antidumping duty order on CLPP
from the PRC. See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative Review,
73 FR 51272 (September 2, 2008). On September 30, 2008, the Association
of American School Paper Suppliers, a domestic interested party and the
petitioner in the underlying investigation (``Petitioner''), requested
that the Department conduct an administrative review of the Watanabe
Group and Lian Li.
---------------------------------------------------------------------------
\1\ See Notice of Amended Final Determination of Sales at Less
Than Fair Value: Certain Lined Paper Products from the People's
Republic of China; Notice of Antidumping Duty Orders: Certain Lined
Paper Products from India, Indonesia and the People's Republic of
China; and Notice of Countervailing Duty Orders: Certain Lined Paper
Products from India and Indonesia, 71 FR 56949 (September 28, 2006).
---------------------------------------------------------------------------
On October 29, 2008, the Department initiated this review with
respect to both requested companies. See Notice of Initiation. On
November 13, 2008, Lian Li submitted a letter certifying that it did
not have any shipments of subject merchandise during the POR. On
January 29, 2009, Lian Li submitted product samples of the merchandise
it exported to the United States during the POR, which Lian Li claimed
were non-subject merchandise. On March 4, 2009, counsel for petitioner
inspected Lian Li's product samples. See Memorandum to the File from
Joy Zhang titled ``Inspecting the Product Samples by Counsel for the
Association of American School Paper Supplies,'' dated March 4, 2009.
On June 4, 2009, the Department published a notice extending the
deadline for the preliminary results for 120 days to September 30,
2009. In this notice the Department also published its intent to
rescind this administrative review in part with respect to Lian Li. See
Notice of Intent to Rescind and Prelim Extension, 74 FR 26840 (June 4,
2009).
On December 2, 2008, the Department issued an antidumping
questionnaire to the Watanbe Group. On January 8, 2009, the Watanbe
Group submitted a letter
[[Page 36663]]
stating that it did not export for consumption in the United States
lined paper products subject to the scope of the antidumping order of
CLPP during the POR. See the Watanabe Group's January 8, 2009,
submission at 1. The Department conducted a CBP data query on December
3, 2008. On February 2, 2009, the Department released the results of
the Department's internal CBP data query with respect to the Watanabe
Group's shipments of subject merchandise to the United States during
the POR to the interested parties under the Department's December 18,
2008, administrative protective order (``APO'') in this segment of the
proceeding, and requested that the Watanabe Group respond to the
Department's antidumping questionnaire. On March 11, 2009, the
Department released to the interested parties under APO CBP entry
documentation covering the Watanabe Group's shipments, which indicated
entries of subject merchandise during the POR for which the Watanabe
Group was the producer and/or exporter. On March 18, 2009, the Watanabe
Group submitted a letter to the Department, claiming that the shipments
in question are either outside the scope of the antidumping order,
outside of the POR based on the Department's date of sale methodology,
or both, and therefore not subject to the administrative review. See
the Watanabe Group's March 18, 2009, submission at 3.
In a letter to the Watanabe Group on March 26, 2009, the Department
explained that the Department's antidumping questionnaire requires
respondents to report sales of subject merchandise entered for
consumption during the POR, and that because there were entries of the
Watanabe Group's merchandise during the POR, the Watanabe Group is
required to fully respond to the Department's antidumping
questionnaire. See Letter from James Terpstra, Program Manager, AD/CVD,
Office 3, Import Administration to the Watanabe Group, dated March 26,
2009. The Watanabe Group submitted a response on April 9, 2009, which
only answered three questions of Section C of the Department's multi-
faceted antidumping questionnaire with respect to the date of sales,
claiming that the Watanabe Group ``is responding to the best of its
ability for the relevant parts of the antidumping questionnaire.'' The
Watanabe Group reiterated that it did not export subject merchandise to
the United States during the POR. See the Watanabe Group's April 9,
2009, submission at 2. The Watanabe Group stated that its certification
of no sales was based on the date of the invoice for export sales. Id.
at 2-3.
On April 22, 2009, the Department sent a letter to the Watanabe
Group reiterating its request that the Watanabe Group respond fully to
the Department's antidumping questionnaire. The letter explained again
the authority under which the Department is requiring responses.
Namely, section 351.213(e) of the Department's regulations gives the
Department flexibility by stating that the review ``will cover, as
appropriate, entries, exports, or sales * * *'' Section 751(a)(2)(A) of
the Tariff Act of 1930, as amended (``the Act'') provides that where a
request for review has been received and a review has been initiated,
the Department shall perform a dumping calculation for each entry
during the POR. See Letter from James Terpstra, Program Manager, AD/
CVD, Office 3, Import Administration to the Watanabe Group, dated April
22, 2009, (the Department's April 22, 2009 letter) at 1. The letter
instructed that for sales based on export price (``EP''), if the
Watanabe Group did not know the entry dates, the Watanabe Group should
report each transaction involving merchandise sold and/or shipped
during the period June 1, 2007, through August 31, 2008. Id. at 2. The
letter further advised the Watanabe Group that information submitted
after the deadline may result in the use of facts available pursuant to
section 776(c) of the Act. On May 1, 2009, the Watanabe Group requested
an extension of time to respond to the Department's questionnaire. See
the Watanabe Group's May 1, 2009, submission at 1. On May 5, 2009, the
Department granted the Watanabe Group's request in full; specifically,
an extension until May 20, 2009, to file its Section A response and an
extension until June 3, 2009, to file its Sections C and D response.
On May 20, 2009, counsel for the Watanabe Group informed the
Department that the Watanabe Group had decided that it would not submit
a response to the Department's questionnaire. See Memorandum to the
File from James Terpstra titled ``Watanabe Telephone Call,'' dated June
1, 2009. On June 3, 2009, the Watanabe Group notified the Department in
writing that it was not responding to Sections A, C and D of the
antidumping questionnaire because it had explained and certified on the
record that it did not sell subject merchandise for export to the
United States during the POR based on its understanding of the term
``sales'' as defined under the antidumping law. See the Watanabe
Group's June 3, 2009, submission at 2.
On June 10, 2009, Petitioner filed comments on the Watanabe Group's
June 3, 2009, letter, urging the Department to respond to the Watanabe
Group's failure to cooperate by expediting the preliminary results and
base the Watanabe Group's margin on adverse facts available (``AFA'').
On June 10, 2009, Petitioner also filed a letter requesting that the
Department expedite the preliminary and final results for this
administrative review. Petitioner stated that the Department extended
the period of time for completion of the preliminary results of this
review until no later than September 30, 2009, to accommodate the
Watanabe Group's extension request and to permit sufficient time to
analyze its forthcoming response. See Notice of Intent to Rescind and
Prelim Extension. Petitioner contends that because the Watanabe Group
has affirmatively stated that it would not respond to the
questionnaire, the Department should immediately issue a preliminary
determination based on adverse inferences.
Period of Review
The POR covered by this review is September 1, 2007, through August
31, 2008.
Scope of the Order
The scope of this order includes certain lined paper products,
typically school supplies (for purposes of this scope definition, the
actual use of or labeling these products as school supplies or non-
school supplies is not a defining characteristic) composed of or
including paper that incorporates straight horizontal and/or vertical
lines on ten or more paper sheets (there shall be no minimum page
requirement for looseleaf filler paper) including but not limited to
such products as single- and multi-subject notebooks, composition
books, wireless notebooks, looseleaf or glued filler paper, graph
paper, and laboratory notebooks, and with the smaller dimension of the
paper measuring 6 inches to 15 inches (inclusive) and the larger
dimension of the paper measuring 8\3/4\ inches to 15 inches
(inclusive). Page dimensions are measured size (not advertised, stated,
or ``tear-out'' size), and are measured as they appear in the product
(i.e., stitched and folded pages in a notebook are measured by the size
of the page as it appears in the notebook page, not the size of the
unfolded paper). However, for measurement purposes, pages with tapered
or rounded edges shall be measured at their longest and widest points.
Subject lined paper products may be loose, packaged or bound using
[[Page 36664]]
any binding method (other than case bound through the inclusion of
binders board, a spine strip, and cover wrap). Subject merchandise may
or may not contain any combination of a front cover, a rear cover, and/
or backing of any composition, regardless of the inclusion of images or
graphics on the cover, backing, or paper. Subject merchandise is within
the scope of this order whether or not the lined paper and/or cover are
hole punched, drilled, perforated, and/or reinforced. Subject
merchandise may contain accessory or informational items including but
not limited to pockets, tabs, dividers, closure devices, index cards,
stencils, protractors, writing implements, reference materials such as
mathematical tables, or printed items such as sticker sheets or
miniature calendars, if such items are physically incorporated,
included with, or attached to the product, cover and/or backing
thereto.
Specifically excluded from the scope of this order are:
Unlined copy machine paper;
Writing pads with a backing (including but not limited to
products commonly known as ``tablets,'' ``note pads,'' ``legal pads,''
and ``quadrille pads''), provided that they do not have a front cover
(whether permanent or removable). This exclusion does not apply to such
writing pads if they consist of hole-punched or drilled filler paper;
Three-ring or multiple-ring binders, or notebook
organizers incorporating such a ring binder provided that they do not
include subject paper;
Index cards;
Printed books and other books that are case bound through
the inclusion of binders board, a spine strip, and cover wrap;
Newspapers;
Pictures and photographs;
Desk and wall calendars and organizers (including but not
limited to such products generally known as ``office planners,'' ``time
books,'' and ``appointment books'');
Telephone logs;
Address books;
Columnar pads & tablets, with or without covers, primarily
suited for the recording of written numerical business data;
Lined business or office forms, including but not limited
to: Pre-printed business forms, lined invoice pads and paper, mailing
and address labels, manifests, and shipping log books;
Lined continuous computer paper;
Boxed or packaged writing stationary (including but not
limited to products commonly known as ``fine business paper,''
``parchment paper'', and ``letterhead''), whether or not containing a
lined header or decorative lines;
Stenographic pads (``steno pads''), Gregg ruled (``Gregg
ruling'' consists of a single- or double-margin vertical ruling line
down the center of the page. For a six-inch by nine-inch stenographic
pad, the ruling would be located approximately three inches from the
left of the book), measuring 6 inches by 9 inches;
Also excluded from the scope of this order are the following
trademarked products:
FlyTM lined paper products: A notebook, notebook
organizer, loose or glued note paper, with papers that are printed with
infrared reflective inks and readable only by a FlyTM pen-
top computer. The product must bear the valid trademark
FlyTM (products found to be bearing an invalidly licensed or
used trademark are not excluded from the scope).
ZwipesTM: A notebook or notebook organizer made with a
blended polyolefin writing surface as the cover and pocket surfaces of
the notebook, suitable for writing using a specially-developed
permanent marker and erase system (known as a ZwipesTM pen).
This system allows the marker portion to mark the writing surface with
a permanent ink. The eraser portion of the marker dispenses a solvent
capable of solubilizing the permanent ink allowing the ink to be
removed. The product must bear the valid trademark ZwipesTM
(products found to be bearing an invalidly licensed or used trademark
are not excluded from the scope).
FiveStar[supreg]AdvanceTM: A notebook or notebook
organizer bound by a continuous spiral, or helical, wire and with
plastic front and rear covers made of a blended polyolefin plastic
material joined by 300 denier polyester, coated on the backside with
PVC (poly vinyl chloride) coating, and extending the entire length of
the spiral or helical wire. The polyolefin plastic covers are of
specific thickness; front cover is 0.019 inches (within normal
manufacturing tolerances) and rear cover is 0.028 inches (within normal
manufacturing tolerances). Integral with the stitching that attaches
the polyester spine covering, is captured both ends of a 1
wide elastic fabric band. This band is located 2\3/8\ from
the top of the front plastic cover and provides pen or pencil storage.
Both ends of the spiral wire are cut and then bent backwards to overlap
with the previous coil but specifically outside the coil diameter but
inside the polyester covering. During construction, the polyester
covering is sewn to the front and rear covers face to face (outside to
outside) so that when the book is closed, the stitching is concealed
from the outside. Both free ends (the ends not sewn to the cover and
back) are stitched with a turned edge construction. The flexible
polyester material forms a covering over the spiral wire to protect it
and provide a comfortable grip on the product. The product must bear
the valid trademarks FiveStar[supreg]AdvanceTM (products
found to be bearing an invalidly licensed or used trademark are not
excluded from the scope).
FiveStar FlexTM: A notebook, a notebook organizer, or binder with
plastic polyolefin front and rear covers joined by 300 denier polyester
spine cover extending the entire length of the spine and bound by a 3-
ring plastic fixture. The polyolefin plastic covers are of a specific
thickness; front cover is 0.019 inches (within normal manufacturing
tolerances) and rear cover is 0.028 inches (within normal manufacturing
tolerances). During construction, the polyester covering is sewn to the
front cover face to face (outside to outside) so that when the book is
closed, the stitching is concealed from the outside. During
construction, the polyester cover is sewn to the back cover with the
outside of the polyester spine cover to the inside back cover. Both
free ends (the ends not sewn to the cover and back) are stitched with a
turned edge construction. Each ring within the fixture is comprised of
a flexible strap portion that snaps into a stationary post which forms
a closed binding ring. The ring fixture is riveted with six metal
rivets and sewn to the back plastic cover and is specifically
positioned on the outside back cover. The product must bear the valid
trademark FiveStar FlexTM (products found to be bearing an
invalidly licensed or used trademark are not excluded from the scope).
Merchandise subject to this order is typically imported under headings
4820.10.2020, 4820.10.2030, 4820.10.2040, 4820.10.2050, 4820.10.2060,
4810.22.5044, 4811.90.9090, 4820.10.2010 of the Harmonized Tariff
Schedule of the United States (``HTSUS''). The HTSUS headings are
provided for convenience and customs purposes; however, the written
description of the scope of this order is dispositive.
Separate Rates
In the Notice of Initiation, the Department notified parties of its
policy on separate-rate eligibility in proceedings involving non-market
[[Page 36665]]
economy (NME) countries. See Notice of Initiation.
In proceedings involving NME countries, the Department has a
rebuttable presumption that all companies within the country are
subject to government control and thus should be assessed a single
antidumping duty rate. It is the Department's policy to assign all
exporters of subject merchandise in an NME country this single rate
unless an exporter can demonstrate that it is sufficiently independent
so as to be entitled to a separate rate. Exporters can demonstrate this
independence through the absence of both de jure and de facto
governmental control over export activities. The Department analyzes
each entity exporting the subject merchandise under a test arising from
the Notice of Final Determination of Sales at Less Than Fair Value:
Sparklers from the People's Republic of China, 56 FR 20588 (May 6,
1991), as further developed in Notice of Final Determination of Sales
at Less Than Fair Value: Silicon Carbide from the People's Republic of
China, 59 FR 22585 (May 2, 1994). However, if the Department determines
that a company is wholly foreign-owned or located in a market economy,
then a separate rate analysis is not necessary to determine whether it
is independent from government control. It is the Department's practice
to require a party to submit evidence that it operates independently of
the State-controlled entity in each segment of a proceeding in which it
requests separate rate status. The process requires exporters to submit
a separate-rate status application. See Tapered Roller Bearings and
Parts Thereof, Finished or Unfinished, from the People's Republic of
China: Final Results of 2005-2006 Administrative Review and Partial
Rescission of Review, 72 FR 56724 (October 4, 2007), Peer Bearing Co.
Changshan v. United States, 587 F.Supp. 2d 1319, 1324-25 (CIT 2008)
(affirming the Department's determination in that review). The Watanabe
Group, which was selected as a mandatory respondent, did not respond to
the Department's request for a separate rate certification on the
record of this review, nor did it respond to the Department's
questionnaire. Thus, the Watanabe Group has not demonstrated that it
operates free from government control. Thus, we find that for purposes
of this review, the Watanabe Group is part of the PRC-wide entity.
Use of Adverse Facts Available
Section 776(a) of the Act provides that, the Department shall apply
``facts otherwise available'' if (1) necessary information is not on
the record, or (2) an interested party or any other person (A)
withholds information that has been requested, (B) fails to provide
information within the deadlines established, or in the form and manner
requested by the Department, subject to subsections (c)(1) and (e) of
section 782 of the Act, (C) significantly impedes a proceeding, or (D)
provides information that cannot be verified as provided by section
782(i) of the Act.
Where the Department determines that a response to a request for
information does not comply with the request, section 782(d) of the Act
provides that the Department will so inform the party submitting the
response and will, to the extent practicable, provide that party the
opportunity to remedy or explain the deficiency. If the party fails to
remedy the deficiency within the applicable time limits and subject to
section 782(e) of the Act, the Department may disregard all or part of
the original and subsequent responses, as appropriate. Section 782(e)
of the Act provides that the Department ``shall not decline to consider
information that is submitted by an interested party and is necessary
to the determination but does not meet all applicable requirements
established by the administering authority'' if the information is
timely, can be verified, is not so incomplete that it cannot be used,
and if the interested party acted to the best of its ability in
providing the information. Where all of these conditions are met, the
statute requires the Department to use the information supplied if it
can do so without undue difficulties.
Section 776(b) of the Act further provides that the Department may
use an adverse inference in applying the facts otherwise available when
a party has failed to cooperate by not acting to the best of its
ability to comply with a request for information. Such an adverse
inference may include reliance on information derived from the
petition, the final determination, a previous administrative review, or
other information placed on the record.
Section 776(c) of the Act provides that, when the Department relies
on secondary information rather than on information obtained in the
course of an investigation or review, it shall, to the extent
practicable, corroborate that information from independent sources that
are reasonably at its disposal. Secondary information is defined as
``{i{time} nformation derived from the petition that gave rise to the
investigation or review, the final determination concerning the subject
merchandise, or any previous review under section 751 concerning the
subject merchandise.'' See Statement of Administrative Action,
reprinted in H.R. Doc. No. 103-216, at 870 (1994) (``SAA'').
Corroborate means that the Department will satisfy itself that the
secondary information to be used has probative value. Id. To
corroborate secondary information, the Department will, to the extent
practicable, examine the reliability and relevance of the information
to be used.
Application of Total Adverse Facts Available
The Watanabe Group
As discussed above, the Watanabe Group submitted an incomplete
response to the Department's original questionnaire, claiming it did
not sell subject merchandise to the United States during the POR, and
therefore, it would not respond additionally to Sections A, C and D of
the Department's questionnaire. See the Watanabe Group's June 3, 2009,
submission at 1. As noted above, the Department explained in its March
26, and April 22, 2009, letters the scope of the review and the
Department's legal authority to require responses covering entries
during the POR. In response to the Watanabe Group's request, the
Department extended its deadline for the Watanabe Group's response.
However, the Watanabe Group reported to the Department that it did not
intend to submit additional responses.
By failing to respond to the Department's requests for information,
the Watanabe Group has not demonstrated its eligibility for a separate
rate; i.e., the Watanabe Group has not proven it is free from the
government control. Therefore, the Watanabe Group is considered part of
the PRC-wide entity. Additionally, because the Watanabe Group is now
part of the PRC-wide entity, the PRC-wide entity is now under review.
The PRC-Wide Entity
As explained above, the PRC-wide entity, which includes the
Watanabe Group, withheld necessary information by failing to supply the
requested information on its shipments of subject merchandise to the
United States in a timely manner. Therefore, it is appropriate to apply
a dumping margin for the PRC-wide entity using facts available on the
record. See section 776(a) of the Act. In addition, because the PRC-
wide entity failed to cooperate to the best of its ability, we find
that an adverse inference is appropriate. See section 776(b) of the
Act.
[[Page 36666]]
Selection of Adverse Facts Available Rate
In deciding which facts to use as AFA, section 776(b) of the Act
and 19 CFR 351.308(c)(1) provide that the Department may rely on
information derived from (1) the petition, (2) a final determination in
the investigation, (3) any previous review or determination, or (4) any
other information placed on the record. In selecting a rate for AFA,
the Department selects a rate that is sufficiently adverse ``as to
effectuate the purpose of the facts available rule to induce
respondents to provide the Department with complete and accurate
information in a timely manner.'' See Circular Welded Austenitic
Stainless Pressure Pipe from the People's Republic of China: Final
Determination of Sales at Less Than Fair Value, 74 FR 4913 (January 28,
2009)). Further, it is the Department's practice to select a rate that
ensures ``that the party does not obtain a more favorable result by
failing to cooperate than if it had cooperated fully.'' See SAA at 870;
see also Brake Rotors From the People's Republic of China: Final
Results and Partial Rescission of the Seventh Administrative Review;
Final Results of the Eleventh New Shipper Review, 70 FR 69937, 69939
(November 18, 2005).
Generally, the Department finds that selecting the highest rate
from any segment of the proceeding as AFA is appropriate. See, e.g.,
Certain Cased Pencils from the People's Republic of China; Notice of
Preliminary Results of Antidumping Duty Administrative Review and
Intent to Rescind in Part, 70 FR 76755, 76761 (December 28, 2005). The
CIT and the Court of Appeals for the Federal Circuit (``Federal
Circuit'') have affirmed decisions to select the highest margin from
any prior segment of the proceeding as the AFA rate on numerous
occasions. See Rhone Poulenc, Inc. v. United States, 899 F.2d 1185,
1190 (Fed. Cir. 1990) (Rhone Poulenc); NSK Ltd. v. United States, 346
F. Supp. 2d 1312, 1335 (CIT 2004) (upholding the application of an AFA
rate which was the highest available dumping margin from a different
respondent in an investigation); see also Kompass Food Trading Int'l v.
United States, 24 CIT 678, 689 (July 31, 2000) (upholding the
application of an AFA rate which was the highest available dumping
margin from a different, fully cooperative respondent); and Shanghai
Taoen International Trading Co., Ltd. v. United States, 360 F. Supp 2d
1339, 1348 (CIT 2005) (upholding the application of an AFA rate which
was the highest available dumping margin from a different respondent in
a previous administrative review).
As AFA, we have preliminarily assigned to the PRC-wide entity a
rate of 258.21 percent, from the investigation of CLPP from the PRC,
which is the highest rate on the record of all segments of this
proceeding. See Notice of Amended Final Determination of Sales at Less
Than Fair Value: Certain Lined Paper Products from the People's
Republic of China; Notice of Antidumping Duty Orders: Certain Lined
Paper Products from India, Indonesia and the People's Republic of
China; and Notice of Countervailing Duty Orders: Certain Lined Paper
Products from India and Indonesia, 71 FR 56949 (September 28, 2006). As
explained below, this rate has been corroborated.
Corroboration of Secondary Information
Section 776(c) of the Act provides that, when the Department relies
on secondary information rather than on information obtained in the
course of an investigation or review, it shall, to the extent
practicable, corroborate that information from independent sources that
are reasonably at its disposal. Secondary information is defined as
information derived from the petition that gave rise to the
investigation or review, the final determination concerning the subject
merchandise, or any previous review under section 751 of the Act
concerning the subject merchandise. See SAA at 870. Corroborate means
that the Department will satisfy itself that the secondary information
to be used has probative value. Id. To corroborate secondary
information, the Department will, to the extent practicable, examine
the reliability and relevance of the information to be used. See
Preliminary Results of Antidumping Duty Administrative Reviews and
Partial Termination of Administrative Reviews: Tapered Roller Bearings
and Parts Thereof, Finished and Unfinished from Japan, and Tapered
Roller Bearings Four Inches or Less in Outside Diameter, and Components
Thereof, from Japan, 61 FR 57391, 57392 (November 6, 1996) (unchanged
in the final determination), Final Results of Antidumping Duty
Administrative Reviews and Termination in Part: Tapered Roller Bearings
and Parts Thereof, Finished and Unfinished from Japan, and Tapered
Roller Bearings Four Inches or Less in Outside Diameter, and Components
Thereof, from Japan, 62 FR 11825 (March 13, 1997). Independent sources
used to corroborate such evidence may include, for example, published
price lists, official import statistics and customs data, and
information obtained from interested parties during the particular
investigation. See Notice of Preliminary Determination of Sales at Less
Than Fair Value: High and Ultra-High Voltage Ceramic Station Post
Insulators from Japan, 68 FR 35627 (June 16, 2003) (unchanged in final
determination) Notice of Final Determination of Sales at Less Than Fair
Value: High and Ultra High Voltage Ceramic Station Post Insulators from
Japan, 68 FR 62560
(November 5, 2003); and Notice of Final Determination of Sales at
Less Than Fair Value: Live Swine From Canada, 70 FR 12181, 12183-84
(March 11, 2005).
The AFA rate selected here is from the investigation. This rate was
calculated based on information contained in the petition, which was
corroborated for the final determination. No additional information has
been presented in the current review which calls into question the
reliability of the information. Therefore, the Department finds that
the information continues to be reliable.
Preliminary Results of Review
We preliminarily determine that the following margin exists for the
period September 1, 2007, through August 31, 2008:
------------------------------------------------------------------------
Weighted-
Producer/manufacturer average
margin
------------------------------------------------------------------------
PRC-Wide Rate (which includes the Watanabe Group)........... 258.21%
------------------------------------------------------------------------
Disclosure
The Department will disclose these preliminary results to the
parties within five days of the date of publication of this notice in
accordance with 19 CFR 351.224(b).
Comments
Interested parties are invited to comment on the preliminary
results and may submit case briefs and/or written comments within 30
days of the date of publication of this notice. See 19 CFR
351.309(c)(ii). Rebuttal briefs, limited to issues raised in the case
briefs, will be due five days later, pursuant to 19 CFR 351.309(d).
Parties who submit case or rebuttal briefs in this proceeding are
requested to submit with each argument (1) a statement of the issue,
and (2) a brief summary of the argument. Parties are requested to
provide a summary of the arguments not to exceed five pages and a table
of statutes, regulations, and cases cited. Additionally, parties are
[[Page 36667]]
requested to provide their case brief and rebuttal briefs in electronic
format (e.g., Microsoft Word, pdf, etc.). Interested parties, who wish
to request a hearing or to participate if one is requested, must submit
a written request to the Assistant Secretary for Import Administration
within 30 days of the date of publication of this notice. Requests
should contain: (1) The party's name, address, and telephone number;
(2) the number of participants; and (3) a list of issues to be
discussed. See 19 CFR 351.310(c). Issues raised in the hearing will be
limited to those raised in case and rebuttal briefs. The Department
will issue the final results of this review, including the results of
its analysis of issues raised in any such written briefs or at the
hearing, if held, not later than 120 days after the date of publication
of this notice.
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review. The Department intends to issue assessment
instructions to CBP 15 days after the publication date of the final
results of this review. We will instruct CBP to liquidate the Watanabe
Group's appropriate entries at the PRC-wide rate of 258.21 percent.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of the administrative review
for all shipments of CLPP from the PRC entered, or withdrawn from
warehouse, for consumption on or after the date of publication, as
provided by section 751(a)(2)(C) of the Act: (1) For previously
reviewed or investigated companies not listed above that have separate
rates, the cash-deposit rate will continue to be the company-specific
rate published for the most recent period; (2) for all other PRC
exporters of subject merchandise, which have not been found to be
entitled to a separate rate, the cash-deposit rate will be PRC-wide
rate of 258.21 percent; and (3) for all non-PRC exporters of subject
merchandise, the cash-deposit rate will be the rate applicable to the
PRC exporter that supplied that non-PRC exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) 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 the subsequent
assessment of double antidumping duties.
This administrative review and notice are in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(4).
Dated: July 20, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-17716 Filed 7-23-09; 8:45 am]
BILLING CODE 3510-DS-P
