Initiation of Antidumping Duty Administrative Review, 9874-9876 [2010-4582]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 75, Number 42 (Thursday, March 4, 2010)]
[Notices]
[Pages 9874-9876]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4582]


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DEPARTMENT OF COMMERCE

International Trade Administration


Initiation of Antidumping Duty 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 duty 
orders and findings with January anniversary dates. In accordance with 
the Department's regulations, we are initiating those administrative 
reviews.

DATES: Effective Date: March 4, 2010.

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 duty 
orders and findings with January anniversary dates. With respect to the 
antidumping duty order on Wooden Bedroom Furniture from the People's 
Republic of China, the initiation of the antidumping duty 
administrative review for that case is being published in a separate 
initiation notice.

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 notice of initiation 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

[[Page 9875]]

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 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 Web site at https://www.trade.gov/ia on 
the date of publication of this Federal Register notice. 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 
after 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 Web site at https://www.trade.gov/ia 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.
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    \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.
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    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 Review

    In accordance with 19 CFR 351.221(c)(1)(i), we are initiating an 
administrative review of the following antidumping duty order. We 
intend to issue the final results of this review not later than January 
31, 2011.

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                                                         Period to be
                                                           Reviewed
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            Antidumping Duty Proceedings
 
Mexico: Prestressed Concrete Steel Wire Strand, A-       1/1/09-12/31/09
 201-831............................................
    Aceros Camesa S.A. de C.V.
    Deacero S.A. de C.V.
 
           Countervailing Duty Proceedings
 
None................................................
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[[Page 9876]]

Suspension Agreements

    None.
    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 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.
    For the first administrative review of any order, there will be no 
assessment of antidumping or countervailing duties on entries of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption during the relevant provisional-measures ``gap'' period, of 
the order, if such a gap period is applicable to the POR.
    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 in 19 CFR 
351.101(d)).
    This 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: February 26, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2010-4582 Filed 3-3-10; 8:45 am]
BILLING CODE 3510-DS-P