Certain Lined Paper Products From the People's Republic of China: Notice of Final Results of the Second Administrative Review of the Antidumping Duty Order, 63387-63391 [E9-28769]
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Federal Register / Vol. 74, No. 231 / Thursday, December 3, 2009 / Notices
The final results of this review are
currently due no later than December 4,
2009.
Extension of Time Limit of the Final
Results
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (Act), requires the
Department to issue the final results of
a review within 120 days after the date
on which the preliminary results are
published. However, if it is not
practicable to complete the review
within that time period, section
751(a)(3)(A) of the Act allows the
Department to extend the time limit for
the final results to a maximum of 180
days. See also 19 CFR 351.213(h)(2).
We determine that it is not practicable
to complete the final results of this
review within the original time limit
because the Department is considering
modifying the model-match
methodology, which is a complex issue
that requires additional time to
adequately analyze. Therefore, the
Department is fully extending the final
results. The final results are now due
not later than February 2, 2010.
This extension is in accordance with
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(2).
Dated: November 17, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. E9–28272 Filed 12–2–09; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–901]
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Certain Lined Paper Products From the
People’s Republic of China: Notice of
Final Results of the Second
Administrative Review of the
Antidumping Duty Order
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) published its
preliminary results of administrative
review of the antidumping duty order
on certain lined paper products
(‘‘CLPP’’) from the People’s Republic of
China (‘‘PRC’’) on July 24, 2009. The
period of review (‘‘POR’’) is September
1, 2007, through August 31, 2008.
DATE: Effective Date: December 3, 2009.
FOR FURTHER INFORMATION CONTACT: Joy
Zhang or Victoria Cho, AD/CVD
Operations, Office 3, Import
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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 July 24, 2009, the Department
published its preliminary results of the
second administrative review. See
Certain Lined Paper Products from the
People’s Republic of China: Notice of
Preliminary Results of the Antidumping
Duty Administrative Review, 74 FR
36662 (July 24, 2009) (‘‘Preliminary
Results’’). On August 25, 2009,
Watanabe Paper Products (Shanghai)
Co., Ltd., Watanabe Paper Products
(Linging) Co., Ltd., and Hotrock
Stationery (Sennzhen) Co., Ltd.,
(collectively, ‘‘Watanabe’’) filed its case
brief (‘‘Watanabe Case Brief’’). On
August 31, 2009, the Association of
American School Paper Suppliers
(‘‘petitioner’’) filed a rebuttal brief
(‘‘Petitioner Rebuttal Brief’’). On August
24, 2009, Watanabe requested a hearing
regarding the second administrative
review of CLPP from the PRC. The
Department conducted the hearing on
September 16, 2009. We have conducted
this administrative review in
accordance with sections 751 and
777(i)(1) of the Tariff Act of 1930, as
amended (‘‘the Act’’), and 19 CFR
351.213 and 351.221, as appropriate.
Period of Review
The POR 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
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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
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;
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• 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 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
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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,
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
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purposes; however, the written
description of the scope of this order is
dispositive.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this review
are addressed in the memorandum from
John M. Andersen, Acting Deputy
Assistant Secretary for Antidumping
and Countervailing Duty Operations, to
Carole A. Showers, Acting Deputy
Assistant Secretary for Policy and
Negotiations, Issues and Decisions for
the Final Results of the Second
Administrative Review of the
Antidumping Duty Order on Certain
Lined Paper Products from the People’s
Republic of China, dated November 21,
2009 (‘‘Issues and Decision
Memorandum’’), which is hereby
adopted by this notice. A list of the
issues which parties raised and to
which we responded in the Issues and
Decision Memorandum is attached to
this notice as an appendix. The Issues
and Decision Memorandum is a public
document which is on file in the Central
Records Unit, Room 1117, of the main
Department building, and is accessible
on the Web at https://ia.ita.doc.gov/frn.
The paper copy and electronic version
of the memorandum are identical in
content.
Changes Since the Preliminary Results
Based on the comments received from
the interested parties, we have made no
changes to the Preliminary Results. For
the final results, we have adopted our
positions in the Preliminary Results. We
continue to find that the application of
total adverse facts available is warranted
for Watanabe pursuant to sections
776(a)(2)(A), (C), and (D) and 776(b) of
the Act. For a complete discussion, see
the Issues and Decision Memorandum.
Application 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
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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. See,
e.g., Notice of Final Results of
Antidumping Duty Administrative
Review: Stainless Steel Bar from India,
70 FR 54023, 54025–26 (September 13,
2005); Statement of Administrative
Action, reprinted in H.R. Doc. No. 103–
216, at 870 (1994) (‘‘SAA’’).
Furthermore, ‘‘affirmative evidence of
bad faith on the part of a respondent is
not required before the Department may
make an adverse inference.’’ See
Antidumping Duties; Countervailing
Duties; Final Rule, 62 FR 27296, 27340
(May 19, 1997); see also Nippon Steel
Corp. v. United States, 337 F.3d 1373,
1382 (Fed. Cir. 2003) (‘‘Nippon’’’).
Watanabe
As discussed in the Preliminary
Results, the Department determined that
facts available with an adverse inference
was warranted for Watanabe. Watanabe
submitted an incomplete response to the
Department’s original questionnaire,
claiming that because it did not sell
subject merchandise to the United
States during the POR, it would not
respond additionally to Sections A, C
and D of the Department’s
questionnaire, even though entries of its
merchandise were made during the
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POR. Moreover, the Department
extended the deadline for submission in
response to Watanabe’s request;
however, Watanabe stated that it did not
intend to submit additional responses.
Because Watanabe withheld
information, significantly impeded the
proceeding and provided information
that could not be verified, we find that
application of facts available is
appropriate under sections 776(a)(2)(A),
(B), and (C) of the Act. We further find
that application of adverse facts
available (‘‘AFA’’) is appropriate under
section 776(b) because Watanabe failed
to cooperate to the best of its ability in
responding to the Department’s requests
for information.
Separate Rates
In proceedings involving non-market
economy (‘‘NME’’) countries, there is a
rebuttable presumption that all
companies within that 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
demonstrates 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. See 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). 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). As
discussed in the Preliminary Results,
Watanabe did not respond to the
Department’s questionnaire regarding
separate rate eligibility, or submit a
separate rate certification. Watanabe has
not demonstrated that it operates free
from government control. Therefore, the
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63389
Department continues to find that
Watanabe is part of the PRC-wide entity.
The PRC-Wide Entity
In the Preliminary Results, the
Department determined that there were
exports of merchandise under review
from Watanabe, a PRC producer/
exporter that did not respond to the
Department’s questionnaire and
consequently did not demonstrate its
eligibility for separate-rate status. See 74
FR at 36665. As a result, the Department
is treating Watanabe as part of the PRCwide entity.
Additionally, because we determined
that Watanabe is part of the PRC-wide
entity, the PRC-wide entity is under
review. Pursuant to section 776(a) of the
Act, we further find that because the
PRC entity (including Watanabe) failed
to respond to the Department’s
questionnaires, withheld or failed to
provide information in a timely manner
or in the form or manner requested by
the Department, submitted information
that cannot be verified, or otherwise
impeded the proceeding, it is
appropriate to apply a dumping margin
for the PRC-wide entity using the facts
otherwise available on the record.
Moreover, by failing to respond to the
Department’s requests for information,
we find that the PRC-wide entity has
failed to cooperate by not acting to the
best of its ability to comply with the
Department’s requests for information in
this proceeding, within the meaning of
section 776(b) of the Act. Therefore, an
adverse inference is warranted in
selecting from the facts otherwise
available. See Nippon, 337 F.3d at
1382–83.
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)).
Generally, the Department finds that
selecting the highest rate from any
segment of the proceeding as AFA is
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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 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).
As AFA, we have assigned to the PRCwide 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
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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).
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. See Certain Lined Paper
Products from the People’s Republic of
China: Notice of Final Results of the
Antidumping Duty Administrative
Review, 74 FR 17160 (April 14, 2009).
Therefore, the Department finds that the
information continues to be reliable. In
addition, the AFA rate we are applying
is the rate currently in effect for the
PRC-wide entity.
Final Results of Review
We determine that the following
margin exists for the period September
1, 2007, through August 31, 2008:
Producer/manufacturer
Weightedaverage
margin
(percent)
PRC-wide Entity (which includes Watanabe) .................
258.21
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b)(1), 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 Watanabe’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,
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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 final 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 notice also serves as a reminder
to parties subject to administrative
protective orders (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return/destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
We are issuing and publishing these
final results and notice in accordance
with sections 751(a)(1) and 777(i) of the
Act and 19 CFR 351.221(b)(4).
Dated: November 23, 2009.
Carole A. Showers,
Acting Deputy Assistant Secretary for Policy
and Negotiations.
List of Comments
Comment 1: Whether Subject
Merchandise Produced by
Watanabe is Subject to the 2007–
2008 Review
Comment 2: Whether the Department
Correctly Applied Adverse Facts
Available to Watanabe
E:\FR\FM\03DEN1.SGM
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Federal Register / Vol. 74, No. 231 / Thursday, December 3, 2009 / Notices
Comment 3: Whether the Use of the
PRC–Wide Rate is Proper
[FR Doc. E9–28769 Filed 12–2–09; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–957]
Certain Seamless Carbon and Alloy
Steel Standard, Line, and Pressure
Pipe from the People’s Republic of
China: Postponement of Preliminary
Determination in the Countervailing
Duty Investigation
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: December 3, 2009.
FOR FURTHER INFORMATION CONTACT:
Joseph Shuler or Matthew Jordan, AD/
CVD Operations, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–1293 and (202)
482–1540, respectively.
Background
On October 6, 2009, the Department
of Commerce (‘‘the Department’’)
initiated an investigation of certain
seamless carbon and alloy steel
standard, line, and pressure pipe from
the People’s Republic of China (‘‘PRC’’).
See Certain Seamless Carbon and Alloy
Steel Standard, Line, and Pressure Pipe
from the People’s Republic of China:
Initiation of Countervailing Duty
Investigation, 74 FR 52945 (October 15,
2009). Currently, the preliminary
determination is due no later than
December 10, 2009.
jlentini on DSKJ8SOYB1PROD with NOTICES
Postponement of Due Date for
Preliminary Determination
Under section 703(c)(1)(B) of the
Tariff Act of 1930, as amended (the
‘‘Act’’), the Department may extend the
period for reaching a preliminary
determination in a countervailing duty
investigation until no later than the
130th day after the date on which the
administering authority initiates an
investigation, if the Department
determines that the parties are
cooperating and the case is
extraordinarily complicated. The
Department finds that the instant case is
extraordinarily complicated by reason of
the number and complexity of the
alleged countervailable subsidy
practices, and the need to determine the
extent to which particular
VerDate Nov<24>2008
16:16 Dec 02, 2009
Jkt 220001
countervailable subsidies are used by
individual manufacturers, producers,
and exporters. As such, the Department
is extending the due date for the
preliminary determination to no later
than 130 days after the day on which
the investigation was initiated (i.e.,
February 13, 2010). However, February
13, 2010, falls on a Saturday, and the
following Monday, February 15, 2010, is
a federal holiday. It is the Department’s
long–standing practice to issue a
determination the next business day
when the statutory deadline falls on a
weekend, federal holiday, or any other
day when the Department is closed. See
Notice of Clarification: Application of
‘‘Next Business Day’’ Rule for
Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As
Amended, 70 FR 24533 (May 10, 2005).
Accordingly, the deadline for
completion of the preliminary
determination is no later than February
16, 2010.
As the Department is aware, Section
703(c)(2) of the Act and 19 CFR
351.205(f) state that if the Department
postpones the preliminary
determination, it will notify all parties
to the proceeding no later than 20 days
prior to the scheduled date of the
preliminary determination. The
Department acknowledges that it
inadvertently missed this deadline. We
issued questionnaires to the
respondents in this case on November 9,
2009. The due date for these
questionnaires is December 16, 2009,
which is after the unextended
preliminary determination date. While
the Department intended to extend the
preliminary determination due date
when we issued the questionnaire, due
to an administrative oversight we did
not complete the extension notice at
that time.
This notice is issued and published
pursuant to section 703(c)(2) of the Act
and 19 CFR 351.205(f).
Dated: November 25, 2009.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E9–28881 Filed 12–2–09; 8:45 am]
BILLING CODE 3510–DS–S
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
63391
DEPARTMENT OF COMMERCE
International Trade Administration
[C–560–824]
Certain Coated Paper from Indonesia:
Postponement of Preliminary
Determination in the Countervailing
Duty Investigation
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT:
Myrna Lobo or Justin Neuman, AD/CVD
Operations, Office 6, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–2371 and (202)
482–0486, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 13, 2009, the Department
of Commerce (the Department) initiated
the countervailing duty investigation of
certain coated paper from Indonesia.
See Certain Coated Paper from
Indonesia: Initiation of Countervailing
Duty Investigation, 74 FR 53707
(October 20, 2009). Currently, the
preliminary determination is due no
later than December 17, 2009.
Postponement of Due Date for the
Preliminary Determination
Section 703(b)(1) of the Tariff Act of
1930, as amended (the Act), requires the
Department to issue the preliminary
determination in a countervailing duty
investigation within 65 days after the
date on which the Department initiated
the investigation. However, the
Department may postpone making the
preliminary determination until no later
than 130 days after the date on which
the administering authority initiated the
investigation if, among other reasons,
the petitioner makes a timely request for
an extension pursuant to section
703(c)(1)(A) of the Act. In the instant
investigation, the petitioners, Appleton
Coated LLC, NewPage Corporation, S.D.
Warren Company d/b/a Sappi Fine
Paper North America, and the United
Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied
Industrial and Service Workers
International Union, made a timely
request on November 19, 2009,
requesting a postponement of the
preliminary countervailing duty
determination to 130 days from the
initiation date. See 19 CFR 351.205(e)
and the petitioners’ November 19, 2009,
letter requesting postponement of the
preliminary determination.
E:\FR\FM\03DEN1.SGM
03DEN1
]]>Agencies
[Federal Register Volume 74, Number 231 (Thursday, December 3, 2009)]
[Notices]
[Pages 63387-63391]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28769]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-901]
Certain Lined Paper Products From the People's Republic of China:
Notice of Final Results of the Second Administrative Review of the
Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') published its
preliminary results of administrative review of the antidumping duty
order on certain lined paper products (``CLPP'') from the People's
Republic of China (``PRC'') on July 24, 2009. The period of review
(``POR'') is September 1, 2007, through August 31, 2008.
DATE: Effective Date: December 3, 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 July 24, 2009, the Department published its preliminary results
of the second administrative review. See Certain Lined Paper Products
from the People's Republic of China: Notice of Preliminary Results of
the Antidumping Duty Administrative Review, 74 FR 36662 (July 24, 2009)
(``Preliminary Results''). On August 25, 2009, Watanabe Paper Products
(Shanghai) Co., Ltd., Watanabe Paper Products (Linging) Co., Ltd., and
Hotrock Stationery (Sennzhen) Co., Ltd., (collectively, ``Watanabe'')
filed its case brief (``Watanabe Case Brief''). On August 31, 2009, the
Association of American School Paper Suppliers (``petitioner'') filed a
rebuttal brief (``Petitioner Rebuttal Brief''). On August 24, 2009,
Watanabe requested a hearing regarding the second administrative review
of CLPP from the PRC. The Department conducted the hearing on September
16, 2009. We have conducted this administrative review in accordance
with sections 751 and 777(i)(1) of the Tariff Act of 1930, as amended
(``the Act''), and 19 CFR 351.213 and 351.221, as appropriate.
Period of Review
The POR 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 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;
[[Page 63388]]
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.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this review are addressed in the memorandum from John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations, to Carole A. Showers, Acting Deputy Assistant
Secretary for Policy and Negotiations, Issues and Decisions for the
Final Results of the Second Administrative Review of the Antidumping
Duty Order on Certain Lined Paper Products from the People's Republic
of China, dated November 21, 2009 (``Issues and Decision Memorandum''),
which is hereby adopted by this notice. A list of the issues which
parties raised and to which we responded in the Issues and Decision
Memorandum is attached to this notice as an appendix. The Issues and
Decision Memorandum is a public document which is on file in the
Central Records Unit, Room 1117, of the main Department building, and
is accessible on the Web at https://ia.ita.doc.gov/frn. The paper copy
and electronic version of the memorandum are identical in content.
Changes Since the Preliminary Results
Based on the comments received from the interested parties, we have
made no changes to the Preliminary Results. For the final results, we
have adopted our positions in the Preliminary Results. We continue to
find that the application of total adverse facts available is warranted
for Watanabe pursuant to sections 776(a)(2)(A), (C), and (D) and 776(b)
of the Act. For a complete discussion, see the Issues and Decision
Memorandum.
Application 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
[[Page 63389]]
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. See, e.g., Notice of Final
Results of Antidumping Duty Administrative Review: Stainless Steel Bar
from India, 70 FR 54023, 54025-26 (September 13, 2005); Statement of
Administrative Action, reprinted in H.R. Doc. No. 103-216, at 870
(1994) (``SAA''). Furthermore, ``affirmative evidence of bad faith on
the part of a respondent is not required before the Department may make
an adverse inference.'' See Antidumping Duties; Countervailing Duties;
Final Rule, 62 FR 27296, 27340 (May 19, 1997); see also Nippon Steel
Corp. v. United States, 337 F.3d 1373, 1382 (Fed. Cir. 2003)
(``Nippon''').
Watanabe
As discussed in the Preliminary Results, the Department determined
that facts available with an adverse inference was warranted for
Watanabe. Watanabe submitted an incomplete response to the Department's
original questionnaire, claiming that because it did not sell subject
merchandise to the United States during the POR, it would not respond
additionally to Sections A, C and D of the Department's questionnaire,
even though entries of its merchandise were made during the POR.
Moreover, the Department extended the deadline for submission in
response to Watanabe's request; however, Watanabe stated that it did
not intend to submit additional responses. Because Watanabe withheld
information, significantly impeded the proceeding and provided
information that could not be verified, we find that application of
facts available is appropriate under sections 776(a)(2)(A), (B), and
(C) of the Act. We further find that application of adverse facts
available (``AFA'') is appropriate under section 776(b) because
Watanabe failed to cooperate to the best of its ability in responding
to the Department's requests for information.
Separate Rates
In proceedings involving non-market economy (``NME'') countries,
there is a rebuttable presumption that all companies within that
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 demonstrates 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. See 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). 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). As discussed in the
Preliminary Results, Watanabe did not respond to the Department's
questionnaire regarding separate rate eligibility, or submit a separate
rate certification. Watanabe has not demonstrated that it operates free
from government control. Therefore, the Department continues to find
that Watanabe is part of the PRC-wide entity.
The PRC[dash]Wide Entity
In the Preliminary Results, the Department determined that there
were exports of merchandise under review from Watanabe, a PRC producer/
exporter that did not respond to the Department's questionnaire and
consequently did not demonstrate its eligibility for separate-rate
status. See 74 FR at 36665. As a result, the Department is treating
Watanabe as part of the PRC-wide entity.
Additionally, because we determined that Watanabe is part of the
PRC-wide entity, the PRC-wide entity is under review. Pursuant to
section 776(a) of the Act, we further find that because the PRC entity
(including Watanabe) failed to respond to the Department's
questionnaires, withheld or failed to provide information in a timely
manner or in the form or manner requested by the Department, submitted
information that cannot be verified, or otherwise impeded the
proceeding, it is appropriate to apply a dumping margin for the PRC-
wide entity using the facts otherwise available on the record.
Moreover, by failing to respond to the Department's requests for
information, we find that the PRC-wide entity has failed to cooperate
by not acting to the best of its ability to comply with the
Department's requests for information in this proceeding, within the
meaning of section 776(b) of the Act. Therefore, an adverse inference
is warranted in selecting from the facts otherwise available. See
Nippon, 337 F.3d at 1382-83.
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)).
Generally, the Department finds that selecting the highest rate
from any segment of the proceeding as AFA is
[[Page 63390]]
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 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).
As AFA, we have 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).
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. See Certain Lined Paper Products from
the People's Republic of China: Notice of Final Results of the
Antidumping Duty Administrative Review, 74 FR 17160 (April 14, 2009).
Therefore, the Department finds that the information continues to be
reliable. In addition, the AFA rate we are applying is the rate
currently in effect for the PRC-wide entity.
Final Results of Review
We determine that the following margin exists for the period
September 1, 2007, through August 31, 2008:
------------------------------------------------------------------------
Weighted-
average
Producer/manufacturer margin
(percent)
------------------------------------------------------------------------
PRC-wide Entity (which includes Watanabe)................. 258.21
------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), 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 Watanabe'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 final 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 notice also serves as a reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
We are issuing and publishing these final results and notice in
accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR
351.221(b)(4).
Dated: November 23, 2009.
Carole A. Showers,
Acting Deputy Assistant Secretary for Policy and Negotiations.
List of Comments
Comment 1: Whether Subject Merchandise Produced by Watanabe is Subject
to the 2007-2008 Review
Comment 2: Whether the Department Correctly Applied Adverse Facts
Available to Watanabe
[[Page 63391]]
Comment 3: Whether the Use of the PRC-Wide Rate is Proper
[FR Doc. E9-28769 Filed 12-2-09; 8:45 am]
BILLING CODE 3510-DS-P
