Initiation of Antidumping and Countervailing Duty Administrative Reviews and Deferral of Administrative Review, 37690-37693 [E9-18093]
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37690
Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Notices
telephone answering machines; video
recorders; transceivers; monitors and
projectors; key pads; thermionic, cold
cathode or photocathode tubes; and
cables (duty rate ranges from 0 to
17.6%).
FTZ procedures could exempt
Brightpoint from customs duty
payments on the foreign components
used in export production. The
company anticipates that some 5
percent of the plant’s shipments will be
exported. On its domestic sales,
Brightpoint would be able to choose the
duty rates during customs entry
procedures that apply to cell phone sets
(duty–free) for the foreign inputs noted
above. FTZ designation would further
allow Brightpoint to realize logistical
benefits through the use of weekly
customs entry procedures. Customs
duties also could possibly be deferred or
reduced on foreign status production
equipment. The request indicates that
the savings from FTZ procedures would
help improve the plant’s international
competitiveness.
In accordance with the Board’s
regulations, Elizabeth Whiteman of the
FTZ Staff is designated examiner to
evaluate and analyze the facts and
information presented in the application
and case record and to report findings
and recommendations to the Board.
Public comment is invited from
interested parties. Submissions (original
and 3 copies) shall be addressed to the
Board’s Executive Secretary at the
address below. The closing period for
their receipt is September 28, 2009.
Rebuttal comments in response to
material submitted during the foregoing
period may be submitted during the
subsequent 15-day period to October 13,
2009.
A copy of the application will be
available for public inspection at the
Office of the Executive Secretary,
Foreign–Trade Zones Board, Room
2111, U.S. Department of Commerce,
1401 Constitution Avenue, NW,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the Board’s
website, which is accessible via
www.trade.gov/ftz.
For further information, contact
Elizabeth Whiteman at
ElizabethlWhiteman@ita.doc.gov or
(202) 482–0473.
Dated: July 21, 2009.
Andrew McGilvray,
Executive Secretary.
[FR Doc. E9–18094 Filed 7–28–09; 8:45 am]
BILLING CODE 3510–DS–S
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DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Deferral of Administrative
Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) has received
requests to conduct administrative
reviews of various antidumping and
countervailing duty orders and findings
with June anniversary dates. In
accordance with the Department’s
regulations, we are initiating those
administrative reviews. The Department
also received a request to defer the
initiation of an administrative review
for one antidumping duty order.
EFFECTIVE DATE: July 29, 2009.
FOR FURTHER INFORMATION CONTACT:
Sheila E. Forbes, Office of AD/CVD
Operations, Customs Unit, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230,
telephone: (202) 482–4697.
SUPPLEMENTARY INFORMATION:
Background
The Department has received timely
requests, in accordance with 19 CFR
351.213(b), for administrative reviews of
various antidumping and countervailing
duty orders and findings with June
anniversary dates. Please note that in
the initiation notice that published on
June 24, 2009 (74 FR 30052) the
Department listed incorrect case
numbers for the antidumping duty
orders on Ball Bearings and Parts
Thereof from France, Germany, Italy,
Japan and the United Kingdom. The
correct case numbers for these cases are
as follows: France (A–427–801),
Germany (A–428–801), Italy (A–475–
801), Japan (A–588–804), and the
United Kingdom (A–412–801).
Notice of No Sales
Under 19 CFR 351.213(d)(3), the
Department may rescind a review where
there are no exports, sales, or entries of
subject merchandise during the
respective period of review (‘‘POR’’)
listed below. If a producer or exporter
named in this initiation notice had no
exports, sales, or entries during the
POR, it should notify the Department
within 30 days of publication of this
notice in the Federal Register. The
Department will consider rescinding the
review only if the producer or exporter,
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as appropriate, submits a properly filed
and timely statement certifying that it
had no exports, sales, or entries of
subject merchandise during the POR.
All submissions must be made in
accordance with 19 CFR 351.303 and
are subject to verification in accordance
with section 782(i) of the Tariff Act of
1930, as amended (‘‘the Act’’). Six
copies of the submission should be
submitted to the Assistant Secretary for
Import Administration, International
Trade Administration, Room 1870, U.S.
Department of Commerce, 14th Street
and Constitution Avenue, NW,
Washington, DC 20230. Further, in
accordance with 19 CFR 351.303(f)(1)(i),
a copy of each request must be served
on every party on the Department’s
service list.
Respondent Selection
In the event the Department limits the
number of respondents for individual
examination for administrative reviews,
the Department intends to select
respondents based on U.S. Customs and
Border Protection (‘‘CBP’’) data for U.S.
imports during the POR.
We intend to release the CBP data
under Administrative Protective Order
(‘‘APO’’) to all parties having an APO
within five days of publication of this
initiation notice and to make our
decision regarding respondent selection
within 20 days of publication of this
Federal Register notice. The
Department invites comments regarding
the CBP data and respondent selection
within 10 calendar days of publication
of this Federal Register notice.
Separate Rates
In proceedings involving non–market
economy (‘‘NME’’) countries, the
Department begins with a rebuttable
presumption that all companies within
the country are subject to government
control and, thus, should be assigned a
single antidumping duty deposit rate. It
is the Department’s policy to assign all
exporters of merchandise subject to an
administrative review 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.
To establish whether a firm is
sufficiently independent from
government control of its export
activities to be entitled to a separate
rate, the Department analyzes each
entity exporting the subject
merchandise under a test arising from
the Final Determination of Sales at Less
Than Fair Value: Sparklers from the
People’s Republic of China, 56 FR 20588
(May 6, 1991), as amplified by Final
Determination of Sales at Less Than
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Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Notices
Fair Value: Silicon Carbide from the
People’s Republic of China, 59 FR 22585
(May 2,1994). In accordance with the
separate–rates criteria, the Department
assigns separate rates to companies in
NME cases only if respondents can
demonstrate the absence of both de jure
and de facto government control over
export activities.
All firms listed below that wish to
qualify for separate–rate status in the
administrative reviews involving NME
countries must complete, as
appropriate, either a separate–rate
application or certification, as described
below. For these administrative reviews,
in order to demonstrate separate–rate
eligibility, the Department requires
entities for whom a review was
requested, that were assigned a separate
rate in the most recent segment of this
proceeding in which they participated,
to certify that they continue to meet the
criteria for obtaining a separate rate. The
Separate Rate Certification form will be
available on the Department’s website at
https://www.trade.gov/ia on the date of
publication of this Federal Register. In
responding to the certification, please
follow the ‘‘Instructions for Filing the
Certification’’ in the Separate Rate
Certification. Separate Rate
Certifications are due to the Department
no later than 30 calendar days of
publication of this Federal Register
notice. The deadline and requirement
for submitting a Certification applies
equally to NME–owned firms, wholly
foreign–owned firms, and foreign sellers
who purchase and export subject
merchandise to the United States.
Entities that currently do not have a
separate rate from a completed segment
of the proceeding 1 should timely file a
Separate Rate Application to
demonstrate eligibility for a separate
rate in this proceeding. In addition,
companies that received a separate rate
in a completed segment of the
proceeding that have subsequently
made changes, including, but not
limited to, changes to corporate
structure, acquisitions of new
companies or facilities, or changes to
their official company name,2 should
timely file a Separate Rate Application
to demonstrate eligibility for a separate
rate in this proceeding. The Separate
Rate Application will be available on
the Department’s website at https://
ia.ita.doc.gov/nme/nme–sep-rate.html
on the date of publication of this
Federal Register notice. In responding
to the Separate Rate Status Application,
refer to the instructions contained in the
application. Separate Rate Status
Applications are due to the Department
no later than 60 calendar days of
publication of this Federal Register
notice. The deadline and requirement
for submitting a Separate Rate Status
Application applies equally to NME–
owned firms, wholly foreign–owned
firms, and foreign sellers that purchase
and export subject merchandise to the
United States.
For exporters and producers who
submit a separate–rate status
application or certification and
subsequently are selected as mandatory
respondents, these exporters and
producers will no longer be eligible for
separate–rate status UNLESS they
respond to all parts of the questionnaire
as mandatory respondents.
Initiation of Reviews
In accordance with section 19 CFR
351.221(c)(1)(i), we are initiating
administrative reviews of the following
antidumping and countervailing duty
orders and findings. We intend to issue
the final results of these reviews not
later than June 30, 2010. Also in
accordance with 19 CFR 351.213(c), we
deferring for one year the initation of
the May 1, 2008 through April 30, 2009
administrative review of the
antidumping duty order on Ball
Bearings and Parts Thereof from
Germany with respect to one exporter.
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Antidumping Duty Proceedings
Period to be Reviewed
JAPAN: Ball Bearings and Parts Thereof.
A–588–804 .................................................................................................................................................................
International Aero Engines AG (IAE)3.
JAPAN: Certain Large Diameter Carbon and Alloy Seamless, Standard, Line, and Pressure Pipe.
A–588–850 .................................................................................................................................................................
JFE Steel Corporation.
Nippon Steel Corporation.
NKK Tubes.
Sumitomo Metal Industries, Ltd..
JAPAN: Hot–Rolled Carbon Steel Flat Products.
A–588–846 .................................................................................................................................................................
Nippon Steel Corporation.
SPAIN: Chlorinated Isocyanurates.
A–469–814 .................................................................................................................................................................
Aragonesas Industrias y Energia S.A..
SOUTH KOREA: Polyethylene Terephthalate Film, Sheet, and Strip.
A–580–807 .................................................................................................................................................................
Kolon Industries, Inc..
TAIWAN: Certain Stainless Steel Butt–Weld Pipe Fittings.
A–583–816 .................................................................................................................................................................
Ta Chen Stainless Pipe Co., Ltd..
THE PEOPLE’S REPUBLIC OF CHINA: Certain Polyester Staple Fiber4.
A–570–905 .................................................................................................................................................................
Far Eastern Industries, Ltd. (Shanghai) and Far Eastern Polychem Industries.
Ningbo Dafa Chemical Fiber Co., Ltd..
Cixi Sansheng Chemical Fiber Co., Ltd..
Cixi Santai Chemical Fiber Co., Ltd..
Cixi Waysun Chemical Fiber Co., Ltd..
Hangzhou Best Chemical Fiber Co., Ltd..
Hangzhou Hanbang Chemical Fibre Co., Ltd..
1 Such entities include entities that have not
participated in the proceeding, entities that were
preliminarily granted a separate rate in any
currently incomplete segment of the proceedings
(e.g., an ongoing administrative review, new
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shipper review, etc.) and entities that lost their
separate rate in the most recently complete segment
of the proceeding in which they participated.
2 Only changes to the official company name,
rather than trade names, need to be addressed via
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5/1/08 - 4/30/09
6/1/08 - 5/31/09
6/1/08 - 5/31/09
6/1/08 - 5/31/09
6/1/08 - 5/31/09
6/1/08 - 5/31/09
6/1/08 - 5/31/09
a Separate Rate Application. Information regarding
new trade names may be submitted via a Separate
Rate Application.
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Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Notices
Antidumping Duty Proceedings
Period to be Reviewed
Hangzhou Huachuang Co., Ltd..
Hangzhou Sanxin Paper Co., Ltd..
Hangzhou Taifu Textile Fiber Co., Ltd..
Jiaxing Fuda Chemical Fibre Factory.
Nantong Luolai Chemical Fiber Co., Ltd..
Nan Yang Textiles Co., Ltd..
Suzhou PolyFiber Co., Ltd..
Xiamen Xianglu Chemical Fiber Co..
Zhaoqing Tifo New Fiber Co., Ltd..
Zhejiang Anshun Pettechs Fibre Co., Ltd..
Zhejiang Waysun Chemical Fiber Co., Ltd..
Dragon Max Trading Development.
Xiake Color Spinning Co., Ltd..
Jiangyin Hailun Chemical Fiber Co., Ltd..
Hyosung Singapore PTE Ltd..
Jiangyin Changlong Chemical Fiber Co., Ltd..
Ma Ha Company, Ltd..
Jiangyin Huahong Chemical Fiber Co., Ltd..
Jiangyin Mighty Chemical Fiber Co., Ltd..
Huvis Sichuan.
THE PEOPLE’S REPUBLIC OF CHINA: Chlorinated Isocyanurates5.
A–570–898 .................................................................................................................................................................
Hebei Jiheng Chemical Company, Ltd..
Zhucheng Taisheng Chemical Co., Ltd..
THE PEOPLE’S REPUBLIC OF CHINA: Folding Metal Tables and Chairs6.
A–570–868 .................................................................................................................................................................
New–Tec Integration Co., Ltd..
New–Tec Integration (Xiamen) Co., Ltd..
Feili Furniture Development Ltd. Quanzhou City7 ......................................................................................
Feili Furniture Development Co., Ltd. .........................................................................................................
Feili Group (Fujian) Co., Ltd..
Feili (Fujian) Co., Ltd..
THE PEOPLE’S REPUBLIC OF CHINA: Silicon Metal8.
A–570–806 .................................................................................................................................................................
Shanghai Jinneng International Trade Co., Ltd..
Datong Jinneng Industrial Silicon Co., Inc..
Jiangxi Gangyuan Silicon Industry Company, Ltd..
THE PEOPLE’S REPUBLIC OF CHINA: Tapered Roller Bearings and Parts Thereof, Finished and Unfinished9.
A–570–601 .................................................................................................................................................................
Hubei New Torch Science & Technology Co., Ltd..
Peer Bearing Company - Changshan.
Countervailing Duty Proceeding.
None..
Suspension Agreements.
None..
Deferral of Initiation of Administrative Review.
GERMANY: Ball Bearings and Parts Thereof.
A–428–801 .................................................................................................................................................................
Gebrueder Reinfurt GmbH & Co., KG (‘‘GRW’’)10.
6/1/08 - 5/31/09
6/1/08 - 5/31/09
6/1/07 - 5/31/08
6/1/08 - 5/31/09
6/1/08 - 5/31/09
6/1/08 - 5/31/09
5/1/08 - 4/30/09
3 Company
inadvertently omitted from intiation notice published on June 24, 2009 (74 FR 30052).
one of the above-named companies does not qualify for a separate rate, all other exporters of Certain Polyester Staple Fiber from the People’s Republic of China (≥PRC≥) who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC
entity of which the named exporters are a part.
5 If one of the above-named companies do not qualify for a separate rate, all other exporters of Chlorinated Isocyanurates from the PRC who
have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are
a part.
6 If one of the above-named companies do not qualify for a separate rate, all other exporters of Folding Metal Tables and Chairs from the PRC
who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part.
7 The Department deferred the 06/01/2007-05/31/2008 administrative review for the Feili group of companies for one year on 07/30/2008 (73
FR 44220). The Department is now initiating this review one year later along with the 06/01/2008-05/31/2009 administrative review.
8 If one of the above-named companies does not qualify for a separate rate, all other exporters of Silicon Metal from the PRC who have not
qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part.
9 If one of the above-named companies do not qualify for a separate rate, all other exporters of Tapered Roller Bearings and Part Thereof, Finished and Unfinished from the PRC who have not qualified for a separate rate are deemed to be covered by this review as part of the single
PRC entity of which the named exporters are a part.
10 In the initiation notice that published on 06/24/2009 (74 FR 30052), we inadvertently overlooked GRW’s request for deferral of initiation for
the 2008-2009 administrative review. We hereby correct this oversight and are deferring the initiation of this review, pursuant to 19 CFR
351.213(c).
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4 If
During any administrative review
covering all or part of a period falling
between the first and second or third
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and fourth anniversary of the
publication of an antidumping duty
order under 19 CFR 351.211 or a
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determination under 19 CFR
351.218(f)(4) to continue an order or
suspended investigation (after sunset
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Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Notices
review), the Secretary, if requested by a
domestic interested party within 30
days of the date of publication of the
notice of initiation of the review, will
determine, consistent with FAG Italia
v.United States, 291 F.3d 806 (Fed. Cir.
2002), as appropriate, whether
antidumping duties have been absorbed
by an exporter or producer subject to the
review if the subject merchandise is
sold in the United States through an
importer that is affiliated with such
exporter or producer. The request must
include the name(s) of the exporter or
producer for which the inquiry is
requested.
Interested parties must submit
applications for disclosure under
administrative protective orders in
accordance with 19 CFR 351.305. On
January 22, 2008, the Department
published Antidumping and
Countervailing Duty Proceedings:
Documents Submission Procedures;
APO Procedures, 73 FR 3634 (January
22, 2008). Those procedures apply to
administrative reviews included in this
notice of initiation. Parties wishing to
participate in any of these
administrative reviews should ensure
that they meet the requirements of these
procedures (e.g., the filing of separate
letters of appearance as discussed at 19
CFR 351.103(d)).
These initiations and this notice are
in accordance with section 751(a) of the
Tariff Act of 1930, as amended (19
U.S.C. 1675(a)), and 19 CFR
351.221(c)(1)(i).
Dated: July 23, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. E9–18093 Filed 7–28–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
mstockstill on DSKH9S0YB1PROD with NOTICES
National Estuarine Research Reserve
System
AGENCY: Estuarine Reserves Division,
Office of Ocean and Coastal Resource
Management, National Ocean Service,
National Oceanic and Atmospheric
Administration, U.S. Department of
Commerce.
ACTION: Notice of public comment
period for the Revised Management Plan
for the North Carolina National
Estuarine Research Reserve.
SUMMARY: Notice is hereby given that
the Estuarine Reserves Division, Office
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18:30 Jul 28, 2009
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of Ocean and Coastal Resource
Management, National Ocean Service,
National Oceanic and Atmospheric
Administration (NOAA), U.S.
Department of Commerce is announcing
a thirty day public comment period on
the North Carolina National Estuarine
Research Reserve Management Plan
Revision.
Four sites in coastal North Carolina
comprise the North Carolina National
Estuarine Research Reserve; Currituck
Banks, Rachel Carson, Masonboro Island
and Zeke’s Island. Currituck Banks,
Rachel Carson and Zeke’s Island were
designated in 1985, and Masonboro
Island was designated in 1991, as the
North Carolina National Estuarine
Research Reserve pursuant to Section
315 of the Coastal Zone Management
Act of 1972, as amended, 16 U.S.C.
1461. The reserve has been operating in
partnership with the North Carolina
Department of Environment and Natural
Resources under a management plan
approved in 1998. Pursuant to 15 CFR
Section 921.33(c), a state must revise
their management plan every five years.
The submission of this plan fulfills this
requirement and sets a course for
successful implementation of the goals
and objectives of the reserve. An
increase in the vertical placement of the
program on the state organizational
chart, a new administrative facility, and
updated programmatic objectives are
notable revisions to the 1998 approved
management plan.
The revised management plan
outlines the administrative structure;
the education, stewardship, and
research goals of the reserve; and the
plans for future land acquisition and
facility development to support reserve
operations. This management plan
describes how the strengths of the
reserve will focus on several areas
relevant to coastal North Carolina,
including coastal population increase,
altered land use, storm water runoff and
eutrophication, invasive species,
tropical and coastal storm impacts and
sea level rise.
Since 1998, the reserve has added a
coastal training program that delivers
science-based information to key
decision makers in North Carolina; has
completed a site profile that
characterizes the reserve; and has
expanded the monitoring, stewardship
and education programs. A new
administrative building (2007) has been
built to support the growth of reserve
programs.
FOR FURTHER INFORMATION CONTACT:
Amy Clark at (301) 563–1137 or Laurie
McGilvray at (301) 563–1158 of NOAA’s
National Ocean Service, Estuarine
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37693
Reserves Division, 1305 East-West
Highway, N/ORM5, 10th floor, Silver
Spring, MD 20910. For copies of the
North Carolina Management Plan
revision, visit https://
www.nccoastalreserve.net/.
Dated: July 23, 2009.
Donna Wieting,
Deputy Director, Office of Ocean and Coastal
Resource Management, National Oceanic and
Atmospheric Administration.
[FR Doc. E9–18087 Filed 7–28–09; 8:45 am]
BILLING CODE 3510–08–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
National Estuarine Research Reserve
System
AGENCY: Estuarine Reserves Division,
Office of Ocean and Coastal Resource
Management, National Ocean Service,
National Oceanic and Atmospheric
Administration, U.S. Department of
Commerce.
ACTION: Notice of Public Comment
Period for the Revised Management Plan
for the Hudson River National Estuarine
Research Reserve.
SUMMARY: Notice is hereby given that
the Estuarine Reserves Division, Office
of Ocean and Coastal Resource
Management, National Ocean Service,
National Oceanic and Atmospheric
Administration (NOAA), U.S.
Department of Commerce is announcing
a thirty day public comment period on
the Hudson River National Estuarine
Research Reserve Management Plan
Revision.
Four sites along the Hudson River
comprise the Hudson River National
Estuarine Research Reserve; Piermont
Marsh, Iona Island, Tivoli Bays, and
Stockport Flats. The Hudson River
National Estuarine Research Reserve
was designated in 1982 pursuant to
Section 315 of the Coastal Zone
Management Act of 1972, as amended,
16 U.S.C. 1461. The reserve has been
operating in partnership with the New
York State Department of
Environmental Conservation under a
management plan approved in 1993.
Pursuant to 15 CFR 921.33(c), a state
must revise their management plan
every five years. The submission of this
plan fulfills this requirement and sets a
course for successful implementation of
the goals and objectives of the reserve.
New facilities and updated
programmatic objectives are notable
revisions to the 1993 approved
management plan.
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Agencies
[Federal Register Volume 74, Number 144 (Wednesday, July 29, 2009)]
[Notices]
[Pages 37690-37693]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18093]
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DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and Countervailing Duty Administrative
Reviews and Deferral of Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') has received
requests to conduct administrative reviews of various antidumping and
countervailing duty orders and findings with June anniversary dates. In
accordance with the Department's regulations, we are initiating those
administrative reviews. The Department also received a request to defer
the initiation of an administrative review for one antidumping duty
order.
EFFECTIVE DATE: July 29, 2009.
FOR FURTHER INFORMATION CONTACT: Sheila E. Forbes, Office of AD/CVD
Operations, Customs Unit, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230, telephone: (202) 482-
4697.
SUPPLEMENTARY INFORMATION:
Background
The Department has received timely requests, in accordance with 19
CFR 351.213(b), for administrative reviews of various antidumping and
countervailing duty orders and findings with June anniversary dates.
Please note that in the initiation notice that published on June 24,
2009 (74 FR 30052) the Department listed incorrect case numbers for the
antidumping duty orders on Ball Bearings and Parts Thereof from France,
Germany, Italy, Japan and the United Kingdom. The correct case numbers
for these cases are as follows: France (A-427-801), Germany (A-428-
801), Italy (A-475-801), Japan (A-588-804), and the United Kingdom (A-
412-801).
Notice of No Sales
Under 19 CFR 351.213(d)(3), the Department may rescind a review
where there are no exports, sales, or entries of subject merchandise
during the respective period of review (``POR'') listed below. If a
producer or exporter named in this initiation notice had no exports,
sales, or entries during the POR, it should notify the Department
within 30 days of publication of this notice in the Federal Register.
The Department will consider rescinding the review only if the producer
or exporter, as appropriate, submits a properly filed and timely
statement certifying that it had no exports, sales, or entries of
subject merchandise during the POR. All submissions must be made in
accordance with 19 CFR 351.303 and are subject to verification in
accordance with section 782(i) of the Tariff Act of 1930, as amended
(``the Act''). Six copies of the submission should be submitted to the
Assistant Secretary for Import Administration, International Trade
Administration, Room 1870, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230. Further, in accordance
with 19 CFR 351.303(f)(1)(i), a copy of each request must be served on
every party on the Department's service list.
Respondent Selection
In the event the Department limits the number of respondents for
individual examination for administrative reviews, the Department
intends to select respondents based on U.S. Customs and Border
Protection (``CBP'') data for U.S. imports during the POR.
We intend to release the CBP data under Administrative Protective
Order (``APO'') to all parties having an APO within five days of
publication of this initiation notice and to make our decision
regarding respondent selection within 20 days of publication of this
Federal Register notice. The Department invites comments regarding the
CBP data and respondent selection within 10 calendar days of
publication of this Federal Register notice.
Separate Rates
In proceedings involving non-market economy (``NME'') countries,
the Department begins with a rebuttable presumption that all companies
within the country are subject to government control and, thus, should
be assigned a single antidumping duty deposit rate. It is the
Department's policy to assign all exporters of merchandise subject to
an administrative review 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.
To establish whether a firm is sufficiently independent from
government control of its export activities to be entitled to a
separate rate, the Department analyzes each entity exporting the
subject merchandise under a test arising from the Final Determination
of Sales at Less Than Fair Value: Sparklers from the People's Republic
of China, 56 FR 20588 (May 6, 1991), as amplified by Final
Determination of Sales at Less Than
[[Page 37691]]
Fair Value: Silicon Carbide from the People's Republic of China, 59 FR
22585 (May 2,1994). In accordance with the separate-rates criteria, the
Department assigns separate rates to companies in NME cases only if
respondents can demonstrate the absence of both de jure and de facto
government control over export activities.
All firms listed below that wish to qualify for separate-rate
status in the administrative reviews involving NME countries must
complete, as appropriate, either a separate-rate application or
certification, as described below. For these administrative reviews, in
order to demonstrate separate-rate eligibility, the Department requires
entities for whom a review was requested, that were assigned a separate
rate in the most recent segment of this proceeding in which they
participated, to certify that they continue to meet the criteria for
obtaining a separate rate. The Separate Rate Certification form will be
available on the Department's website at https://www.trade.gov/ia on the
date of publication of this Federal Register. In responding to the
certification, please follow the ``Instructions for Filing the
Certification'' in the Separate Rate Certification. Separate Rate
Certifications are due to the Department no later than 30 calendar days
of publication of this Federal Register notice. The deadline and
requirement for submitting a Certification applies equally to NME-owned
firms, wholly foreign-owned firms, and foreign sellers who purchase and
export subject merchandise to the United States.
Entities that currently do not have a separate rate from a
completed segment of the proceeding \1\ should timely file a Separate
Rate Application to demonstrate eligibility for a separate rate in this
proceeding. In addition, companies that received a separate rate in a
completed segment of the proceeding that have subsequently made
changes, including, but not limited to, changes to corporate structure,
acquisitions of new companies or facilities, or changes to their
official company name,\2\ should timely file a Separate Rate
Application to demonstrate eligibility for a separate rate in this
proceeding. The Separate Rate Application will be available on the
Department's website at https://ia.ita.doc.gov/nme/nme-sep-rate.html on
the date of publication of this Federal Register notice. In responding
to the Separate Rate Status Application, refer to the instructions
contained in the application. Separate Rate Status Applications are due
to the Department no later than 60 calendar days of publication of this
Federal Register notice. The deadline and requirement for submitting a
Separate Rate Status Application applies equally to NME-owned firms,
wholly foreign-owned firms, and foreign sellers that purchase and
export subject merchandise to the United States.
---------------------------------------------------------------------------
\1\ Such entities include entities that have not participated in
the proceeding, entities that were preliminarily granted a separate
rate in any currently incomplete segment of the proceedings (e.g.,
an ongoing administrative review, new shipper review, etc.) and
entities that lost their separate rate in the most recently complete
segment of the proceeding in which they participated.
\2\ Only changes to the official company name, rather than trade
names, need to be addressed via a Separate Rate Application.
Information regarding new trade names may be submitted via a
Separate Rate Application.
---------------------------------------------------------------------------
For exporters and producers who submit a separate-rate status
application or certification and subsequently are selected as mandatory
respondents, these exporters and producers will no longer be eligible
for separate-rate status unless they respond to all parts of the
questionnaire as mandatory respondents.
Initiation of Reviews
In accordance with section 19 CFR 351.221(c)(1)(i), we are
initiating administrative reviews of the following antidumping and
countervailing duty orders and findings. We intend to issue the final
results of these reviews not later than June 30, 2010. Also in
accordance with 19 CFR 351.213(c), we deferring for one year the
initation of the May 1, 2008 through April 30, 2009 administrative
review of the antidumping duty order on Ball Bearings and Parts Thereof
from Germany with respect to one exporter.
------------------------------------------------------------------------
Antidumping Duty Proceedings Period to be Reviewed
------------------------------------------------------------------------
JAPAN: Ball Bearings and Parts Thereof....
A-588-804................................. 5/1/08 - 4/30/09
International Aero Engines AG
(IAE)\3\.........................
JAPAN: Certain Large Diameter Carbon and
Alloy Seamless, Standard, Line, and
Pressure Pipe............................
A-588-850................................. 6/1/08 - 5/31/09
JFE Steel Corporation.............
Nippon Steel Corporation..........
NKK Tubes.........................
Sumitomo Metal Industries, Ltd....
JAPAN: Hot-Rolled Carbon Steel Flat
Products.................................
A-588-846................................. 6/1/08 - 5/31/09
Nippon Steel Corporation..........
SPAIN: Chlorinated Isocyanurates..........
A-469-814................................. 6/1/08 - 5/31/09
Aragonesas Industrias y Energia
S.A..............................
SOUTH KOREA: Polyethylene Terephthalate
Film, Sheet, and Strip...................
A-580-807................................. 6/1/08 - 5/31/09
Kolon Industries, Inc.............
TAIWAN: Certain Stainless Steel Butt-Weld
Pipe Fittings............................
A-583-816................................. 6/1/08 - 5/31/09
Ta Chen Stainless Pipe Co., Ltd...
THE PEOPLE'S REPUBLIC OF CHINA: Certain
Polyester Staple Fiber\4\................
A-570-905................................. 6/1/08 - 5/31/09
Far Eastern Industries, Ltd.
(Shanghai) and Far Eastern
Polychem Industries..............
Ningbo Dafa Chemical Fiber Co.,
Ltd..............................
Cixi Sansheng Chemical Fiber Co.,
Ltd..............................
Cixi Santai Chemical Fiber Co.,
Ltd..............................
Cixi Waysun Chemical Fiber Co.,
Ltd..............................
Hangzhou Best Chemical Fiber Co.,
Ltd..............................
Hangzhou Hanbang Chemical Fibre
Co., Ltd.........................
[[Page 37692]]
Hangzhou Huachuang Co., Ltd.......
Hangzhou Sanxin Paper Co., Ltd....
Hangzhou Taifu Textile Fiber Co.,
Ltd..............................
Jiaxing Fuda Chemical Fibre
Factory..........................
Nantong Luolai Chemical Fiber Co.,
Ltd..............................
Nan Yang Textiles Co., Ltd........
Suzhou PolyFiber Co., Ltd.........
Xiamen Xianglu Chemical Fiber Co..
Zhaoqing Tifo New Fiber Co., Ltd..
Zhejiang Anshun Pettechs Fibre
Co., Ltd.........................
Zhejiang Waysun Chemical Fiber
Co., Ltd.........................
Dragon Max Trading Development....
Xiake Color Spinning Co., Ltd.....
Jiangyin Hailun Chemical Fiber
Co., Ltd.........................
Hyosung Singapore PTE Ltd.........
Jiangyin Changlong Chemical Fiber
Co., Ltd.........................
Ma Ha Company, Ltd................
Jiangyin Huahong Chemical Fiber
Co., Ltd.........................
Jiangyin Mighty Chemical Fiber
Co., Ltd.........................
Huvis Sichuan.....................
THE PEOPLE'S REPUBLIC OF CHINA:
Chlorinated Isocyanurates\5\.............
A-570-898................................. 6/1/08 - 5/31/09
Hebei Jiheng Chemical Company,
Ltd..............................
Zhucheng Taisheng Chemical Co.,
Ltd..............................
THE PEOPLE'S REPUBLIC OF CHINA: Folding
Metal Tables and Chairs\6\...............
A-570-868................................. 6/1/08 - 5/31/09
New-Tec Integration Co., Ltd......
New-Tec Integration (Xiamen) Co.,
Ltd..............................
Feili Furniture Development Ltd. 6/1/07 - 5/31/08
Quanzhou City\7\.................
Feili Furniture Development Co., 6/1/08 - 5/31/09
Ltd..............................
Feili Group (Fujian) Co., Ltd.....
Feili (Fujian) Co., Ltd...........
THE PEOPLE'S REPUBLIC OF CHINA: Silicon
Metal\8\.................................
A-570-806................................. 6/1/08 - 5/31/09
Shanghai Jinneng International
Trade Co., Ltd...................
Datong Jinneng Industrial Silicon
Co., Inc.........................
Jiangxi Gangyuan Silicon Industry
Company, Ltd.....................
THE PEOPLE'S REPUBLIC OF CHINA: Tapered
Roller Bearings and Parts Thereof,
Finished and Unfinished\9\...............
A-570-601................................. 6/1/08 - 5/31/09
Hubei New Torch Science &
Technology Co., Ltd..............
Peer Bearing Company - Changshan..
Countervailing Duty Proceeding....
None......................................
Suspension Agreements.............
None......................................
Deferral of Initiation of Administrative
Review...................................
GERMANY: Ball Bearings and Parts Thereof..
A-428-801................................. 5/1/08 - 4/30/09
Gebrueder Reinfurt GmbH & Co., KG
(``GRW'')\10\....................
------------------------------------------------------------------------
\3\ Company inadvertently omitted from intiation notice published on
June 24, 2009 (74 FR 30052).
\4\ If one of the above-named companies does not qualify for a separate
rate, all other exporters of Certain Polyester Staple Fiber from the
People's Republic of China (PRC) who have not
qualified for a separate rate are deemed to be covered by this review
as part of the single PRC entity of which the named exporters are a
part.
\5\ If one of the above-named companies do not qualify for a separate
rate, all other exporters of Chlorinated Isocyanurates from the PRC
who have not qualified for a separate rate are deemed to be covered by
this review as part of the single PRC entity of which the named
exporters are a part.
\6\ If one of the above-named companies do not qualify for a separate
rate, all other exporters of Folding Metal Tables and Chairs from the
PRC who have not qualified for a separate rate are deemed to be
covered by this review as part of the single PRC entity of which the
named exporters are a part.
\7\ The Department deferred the 06/01/2007-05/31/2008 administrative
review for the Feili group of companies for one year on 07/30/2008 (73
FR 44220). The Department is now initiating this review one year later
along with the 06/01/2008-05/31/2009 administrative review.
\8\ If one of the above-named companies does not qualify for a separate
rate, all other exporters of Silicon Metal from the PRC who have not
qualified for a separate rate are deemed to be covered by this review
as part of the single PRC entity of which the named exporters are a
part.
\9\ If one of the above-named companies do not qualify for a separate
rate, all other exporters of Tapered Roller Bearings and Part Thereof,
Finished and Unfinished from the PRC who have not qualified for a
separate rate are deemed to be covered by this review as part of the
single PRC entity of which the named exporters are a part.
\10\ In the initiation notice that published on 06/24/2009 (74 FR
30052), we inadvertently overlooked GRW's request for deferral of
initiation for the 2008-2009 administrative review. We hereby correct
this oversight and are deferring the initiation of this review,
pursuant to 19 CFR 351.213(c).
During any administrative review covering all or part of a period
falling between the first and second or third and fourth anniversary of
the publication of an antidumping duty order under 19 CFR 351.211 or a
determination under 19 CFR 351.218(f)(4) to continue an order or
suspended investigation (after sunset
[[Page 37693]]
review), the Secretary, if requested by a domestic interested party
within 30 days of the date of publication of the notice of initiation
of the review, will determine, consistent with FAG Italia v.United
States, 291 F.3d 806 (Fed. Cir. 2002), as appropriate, whether
antidumping duties have been absorbed by an exporter or producer
subject to the review if the subject merchandise is sold in the United
States through an importer that is affiliated with such exporter or
producer. The request must include the name(s) of the exporter or
producer for which the inquiry is requested.
Interested parties must submit applications for disclosure under
administrative protective orders in accordance with 19 CFR 351.305. On
January 22, 2008, the Department published Antidumping and
Countervailing Duty Proceedings: Documents Submission Procedures; APO
Procedures, 73 FR 3634 (January 22, 2008). Those procedures apply to
administrative reviews included in this notice of initiation. Parties
wishing to participate in any of these administrative reviews should
ensure that they meet the requirements of these procedures (e.g., the
filing of separate letters of appearance as discussed at 19 CFR
351.103(d)).
These initiations and this notice are in accordance with section
751(a) of the Tariff Act of 1930, as amended (19 U.S.C. 1675(a)), and
19 CFR 351.221(c)(1)(i).
Dated: July 23, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. E9-18093 Filed 7-28-09; 8:45 am]
BILLING CODE 3510-DS-S