Narrow Woven Ribbons with Woven Selvedge from the People's Republic of China: Amended Final Determination of Sales at Less Than Fair Value, 51979-51980 [2010-21042]

Download as PDF Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Notices Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to David Rostker, OMB Desk Officer, FAX number (202) 395–7285, or David_Rostker@omb.eop.gov. Dated: August 19, 2010. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. 2010–20944 Filed 8–23–10; 8:45 am] BILLING CODE 3510–08–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–952] Narrow Woven Ribbons with Woven Selvedge from the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: August 24, 2010. FOR FURTHER INFORMATION CONTACT: Karine Gziryan, AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–4081. SUPPLEMENTARY INFORMATION: wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 AGENCY: Amendment to the Final Determination In accordance with sections 735(d) and 777(i)(1) of the Tariff Act of 1930, as amended, (‘‘the Act’’), on July 19, 2010, the Department of Commerce ( ‘‘the Department’’) published the final determination of sales at less than fair value (‘‘LTFV’’) in the antidumping investigation of narrow woven ribbons with woven selvedge (‘‘narrow woven ribbons’’) from the People’s Republic of China (‘‘PRC’’). See Narrow Woven Ribbons With Woven Selvedge From the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, 75 FR 41808 (July 19, 2010) (‘‘Final Determination’’). On July 19, 2010, Ningbo MH Industry Co. Ltd. (‘‘Ningbo MH’’) filed a timely allegation that the Department made a ministerial error in the Final Determination, specifically, that the Department misidentified its producer. Ningbo MH thus requested, pursuant to 19 CFR 351.224, that the Department amend the Final Determination with the correct name of its producer. Additionally, on July 20, 2010, VerDate Mar<15>2010 15:00 Aug 23, 2010 Jkt 220001 Yangzhou Bestpak Gifts & Crafts Co., Ltd. (‘‘Bestpak’’) filed a timely allegation that the Department made a ministerial error in the Final Determination, specifically, that the Department misidentified the PRC–wide rate used in calculating the separate rate. Ningbo MH thus requested, pursuant to 19 CFR 351.224, that the Department correct the alleged ministerial error by recalculating the separate rate. No other parties in this proceeding submitted comments on the Department’s final margin calculations. A ministerial error is defined as an error ‘‘in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which the Department considers ministerial.’’ See section 735(e) of the Act; see also 19 CFR 351.224(f). After analyzing Bestpak’s comments, we have determined, in accordance with section 735(e) of the Act and 19 CFR 351.224(e), that we made an inadvertent ministerial error by inaccurately listing the PRC–wide entity rate used in the Department’s Preliminary Determination.1 However, the appropriate correction for this error is to amend the Corroboration section of the Final Determination, as detailed below, not recalculation of the separate rate. For a detailed discussion of this ministerial error, see Memorandum to Edward C. Yang, Acting Deputy Assistant Secretary, for Antidumping and Countervailing Duty Operations, through Abdelali Elouaradia, Director, AD/CVD Operations, Office 4, concerning, ‘‘Ministerial Errors Memorandum, Amended Final Determination of Sales at Less Than Fair Value: Narrow Woven Ribbons with Woven Selvedge from the People’s Republic of China,’’ dated August 12, 2010 (‘‘Ministerial Error Memo’’). Additionally, after analyzing Ningbo MH’s comments, we have determined, in accordance with section 735(e) of the Act and 19 CFR 351.224(e), that we did not make a ministerial error with respect to Ningbo MH’s producer’s name. For a detailed discussion of our analysis, see Ministerial Error Memo. Therefore, in accordance with section 735(e) of the Act, we are amending the final determination of sales at LTFV in the antidumping duty investigation of narrow woven ribbons from the PRC. After correcting this ministerial error, the final text of the Final Determination 1 See Narrow Woven Ribbons with Woven Selvedge from the People’s Republic of China: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 75 FR 7244 (February 18, 2010) (‘‘Preliminary Determination’’). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 51979 Corroboration section should read as follows: 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 as facts available, it must, to the extent practicable, corroborate that information from independent sources reasonably at its disposal. Secondary information is described as ‘‘information derived from the petition that gave rise to the investigation or review, the final determination concerning merchandise subject to this investigation, or any previous review under section 751 concerning the merchandise subject to this investigation.’’2 To ‘‘corroborate’’ means that the Department will satisfy itself that the secondary information to be used has probative value. Independent sources used to corroborate may include, for example, published price lists, official import statistics and customs data, and information obtained from interested parties during the particular investigation. To corroborate secondary information, the Department will, to the extent practicable, examine the reliability and relevance of the information used.3 The adverse facts available (‘‘AFA’’) rate that the Department used is drawn from the petition, as adjusted to reflect the United States Court of Appeals for the Federal Circuit (‘‘CAFC’’)’s decision in Dorbest. See Final Determination, Issues and Decision Memorandum at Comment 1. Petitioner’s methodology for calculating the U.S. price and normal value (‘‘NV’’) in the petition is discussed in the Initiation Notice.4 In 2 See Final Determination of Sales at Less Than Fair Value: Sodium Hexametaphosphate From the People’s Republic of China, 73 FR 6479, 6481 (February 4, 2008), quoting SAA at 870. 3 See 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; Preliminary Results of Antidumping Duty Administrative Reviews and Partial Termination of Administrative Reviews, 61 FR 57391, 57392 (November 6, 1996), unchanged in 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; Final Results of Antidumping Duty Administrative Reviews and Termination in Part, 62 FR 11825 (March 13, 1997). 4 See Narrow Woven Ribbons with Woven Selvedge from the People’s Republic of China and Taiwan: Initiation of Antidumping Duty Investigations, 74 FR 39291 (August 6, 2009) (‘‘Initiation Notice’’) E:\FR\FM\24AUN1.SGM 24AUN1 51980 Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Notices the Preliminary Determination, we assigned to the PRC–wide entity the margin alleged in the petition, i.e., 231.40 percent.5 For the final determination, we have assigned to the PRC–wide entity the rate of 247.65 percent.6 To corroborate the AFA margin that we have selected, we compared it to the model–specific margins we found for the participating mandatory respondent, Yama. We found that the margin of 247.65 percent has probative value because it is in the range of Yama’s model–specific margins.7 Accordingly, we find that the rate of 247.65 percent is corroborated within the meaning of section 776(c) of the Act.8 Continuation of Suspension of Liquidation: In accordance with section 735(c)(1)(B) of the Act, the Department has instructed U.S. Customs and Border Protection (‘‘CBP’’) to continue to suspend liquidation of all entries of narrow woven ribbons from the PRC, as described in the ‘‘Scope of Investigation’’ section, entered, or withdrawn from warehouse, for consumption on or after, February 18, 2010, the date of publication of the Preliminary Determination in the Federal Register. See Preliminary Determination. The Department has instructed CBP to require a cash deposit or the posting of a bond equal to the weighted–average dumping margin amount by which the normal value exceeds U.S. price. This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.224(e). Dated: August 17, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2010–21042 Filed 8–23–10; 8:45 am] BILLING CODE 3510–DS–S 5 See Preliminary Determination, 75 FR at 7251. Final Determination, Issues and Decisions Memorandum at Comment 1. See also July 12, 2010 Memorandum to the File from Karine Gziryan, International Trade Analyst, AD/CVD Operations, Office 4, ‘‘Antidumping Investigation of Narrow Woven Ribbons with Woven Selvedge from the People’s Republic of China: Proprietary Memorandum regarding Corroboration’’. 7 See Final Analysis Memorandum for Yama Ribbons and Bows Co. Ltd., dated July 12, 2010. 8 See Final Determination, Issues and Decision Memorandum at Comment 12; see also July 12, 2010 Memorandum to the File from Karine Gziryan, International Trade Analyst, AD/CVD Operations, Office 4, ‘‘Antidumping Investigation of Narrow Woven Ribbons with Woven Selvedge from the People’s Republic of China: Proprietary Memorandum regarding Corroboration’’. wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 6 See VerDate Mar<15>2010 15:00 Aug 23, 2010 Jkt 220001 DEPARTMENT OF COMMERCE (Pateros, WA) and Witte Orchards (E. Wenatchee, WA). International Trade Administration Dated: August 19, 2010. Joseph E. Flynn, Director, Office of Competition and Economic Analysis. [Application No. 84–21A12] Export Trade Certificate of Review [FR Doc. 2010–20971 Filed 8–23–10; 8:45 am] Notice of Issuance of an amended Export Trade Certificate of Review to Northwest Fruit Exporters (‘‘NFE’’) (Application #84–21A12). BILLING CODE 3510–DR–P The U.S. Department of Commerce issued an amended Export Trade Certificate of Review to Northwest Fruit Exporters on August 18, 2010. The Certificate has been amended eleven times. The previous amendment was issued to NFE on September 16, 2009, and a notice of its issuance was published in the Federal Register on September 23, 2009 (74 FR 48250). The original Certificate for NFE was issued on June 11, 1984, and a notice of its issuance was published in the Federal Register on June 14, 1984 (74 FR 48520). FOR FURTHER INFORMATION CONTACT: Joseph E. Flynn, Director, Office of Competition and Economic Analysis, International Trade Administration, by telephone at (202) 482–5131 (this is not a toll-free number) or e-mail at etca@trade.gov. International Trade Administration ACTION: SUMMARY: Title III of the Export Trading Company Act of 1982 (15 U.S.C. 4001–21) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. The regulations implementing Title III are found at 15 CFR part 325 (2010). The Office of Competition and Economic Analysis (‘‘OCEA’’) is issuing this notice pursuant to 15 CFR 325.6(b), which requires the Secretary of Commerce to publish a summary of the certification in the Federal Register. Under Section 305(a) of the Act and 15 CFR 325.11(a), any person aggrieved by the Secretary’s determination may, within 30 days of the date of this notice, bring an action in any appropriate district court of the United States to set aside the determination on the ground that the determination is erroneous. SUPPLEMENTARY INFORMATION: Description of Amended Certificate NFE’s Export Trade Certificate of Review has Been Amended To 1. Add the following new Members of the Certificate within the meaning of section 325.2(1) of the Regulations (15 CFR 325.2(1)): Hood River Cherry Company (Hood River, OR), Ice Lakes LLS (E. Wenatchee, WA), and JackAss Mt. Ranch (Pasco, WA) and; 2. Delete the following Members from NFE’s Certificate: Poirier Warehouse PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE [A–570–891] Hand Trucks and Certain Parts Thereof from the People’s Republic of China; Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: August 24, 2010. FOR FURTHER INFORMATION CONTACT: Scott Hoefke or Fred Baker, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4947 or (202) 482– 2924, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On January 29, 2010, the Department of Commerce (the Department) published in the Federal Register the initiation of administrative review of the antidumping duty order on hand trucks and certain parts thereof from the People’s Republic of China, covering the period of December 1, 2008, to November 30, 2009. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, and Deferral of Initiation of Administrative Review, 75 FR 4770 (January 29, 2010). The current deadline for the preliminary results of this review is September 9, 2010. Extension of Time Limits for Preliminary Results of Review Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), requires that the Department complete the preliminary results of an administrative review within 245 days after the last day of the anniversary month of an order for which a review is requested. However, if it is not practicable to complete the review within this time period, section 751(a)(3)(A) of the Act allows the Department to extend the time limit for the preliminary results to a maximum of E:\FR\FM\24AUN1.SGM 24AUN1

Agencies

[Federal Register Volume 75, Number 163 (Tuesday, August 24, 2010)]
[Notices]
[Pages 51979-51980]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21042]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-952]


Narrow Woven Ribbons with Woven Selvedge from the People's 
Republic of China: Amended Final Determination of Sales at Less Than 
Fair Value

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: August 24, 2010.

FOR FURTHER INFORMATION CONTACT: Karine Gziryan, AD/CVD Operations, 
Office 4, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-4081.

SUPPLEMENTARY INFORMATION:

Amendment to the Final Determination

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended, (``the Act''), on July 19, 2010, the Department of 
Commerce ( ``the Department'') published the final determination of 
sales at less than fair value (``LTFV'') in the antidumping 
investigation of narrow woven ribbons with woven selvedge (``narrow 
woven ribbons'') from the People's Republic of China (``PRC''). See 
Narrow Woven Ribbons With Woven Selvedge From the People's Republic of 
China: Final Determination of Sales at Less Than Fair Value, 75 FR 
41808 (July 19, 2010) (``Final Determination'').
    On July 19, 2010, Ningbo MH Industry Co. Ltd. (``Ningbo MH'') filed 
a timely allegation that the Department made a ministerial error in the 
Final Determination, specifically, that the Department misidentified 
its producer. Ningbo MH thus requested, pursuant to 19 CFR 351.224, 
that the Department amend the Final Determination with the correct name 
of its producer. Additionally, on July 20, 2010, Yangzhou Bestpak Gifts 
& Crafts Co., Ltd. (``Bestpak'') filed a timely allegation that the 
Department made a ministerial error in the Final Determination, 
specifically, that the Department misidentified the PRC-wide rate used 
in calculating the separate rate. Ningbo MH thus requested, pursuant to 
19 CFR 351.224, that the Department correct the alleged ministerial 
error by recalculating the separate rate. No other parties in this 
proceeding submitted comments on the Department's final margin 
calculations.
    A ministerial error is defined as an error ``in addition, 
subtraction, or other arithmetic function, clerical error resulting 
from inaccurate copying, duplication, or the like, and any other type 
of unintentional error which the Department considers ministerial.'' 
See section 735(e) of the Act; see also 19 CFR 351.224(f).
    After analyzing Bestpak's comments, we have determined, in 
accordance with section 735(e) of the Act and 19 CFR 351.224(e), that 
we made an inadvertent ministerial error by inaccurately listing the 
PRC-wide entity rate used in the Department's Preliminary 
Determination.\1\ However, the appropriate correction for this error is 
to amend the Corroboration section of the Final Determination, as 
detailed below, not recalculation of the separate rate. For a detailed 
discussion of this ministerial error, see Memorandum to Edward C. Yang, 
Acting Deputy Assistant Secretary, for Antidumping and Countervailing 
Duty Operations, through Abdelali Elouaradia, Director, AD/CVD 
Operations, Office 4, concerning, ``Ministerial Errors Memorandum, 
Amended Final Determination of Sales at Less Than Fair Value: Narrow 
Woven Ribbons with Woven Selvedge from the People's Republic of 
China,'' dated August 12, 2010 (``Ministerial Error Memo'').
---------------------------------------------------------------------------

    \1\ See Narrow Woven Ribbons with Woven Selvedge from the 
People's Republic of China: Preliminary Determination of Sales at 
Less Than Fair Value and Postponement of Final Determination, 75 FR 
7244 (February 18, 2010) (``Preliminary Determination'').
---------------------------------------------------------------------------

    Additionally, after analyzing Ningbo MH's comments, we have 
determined, in accordance with section 735(e) of the Act and 19 CFR 
351.224(e), that we did not make a ministerial error with respect to 
Ningbo MH's producer's name. For a detailed discussion of our analysis, 
see Ministerial Error Memo.
    Therefore, in accordance with section 735(e) of the Act, we are 
amending the final determination of sales at LTFV in the antidumping 
duty investigation of narrow woven ribbons from the PRC. After 
correcting this ministerial error, the final text of the Final 
Determination Corroboration section should read as follows:
    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 as facts available, it must, to the extent 
practicable, corroborate that information from independent sources 
reasonably at its disposal. Secondary information is described as 
``information derived from the petition that gave rise to the 
investigation or review, the final determination concerning merchandise 
subject to this investigation, or any previous review under section 751 
concerning the merchandise subject to this investigation.''\2\ To 
``corroborate'' means that the Department will satisfy itself that the 
secondary information to be used has probative value. Independent 
sources used to corroborate may include, for example, published price 
lists, official import statistics and customs data, and information 
obtained from interested parties during the particular investigation. 
To corroborate secondary information, the Department will, to the 
extent practicable, examine the reliability and relevance of the 
information used.\3\
---------------------------------------------------------------------------

    \2\ See Final Determination of Sales at Less Than Fair Value: 
Sodium Hexametaphosphate From the People's Republic of China, 73 FR 
6479, 6481 (February 4, 2008), quoting SAA at 870.
    \3\ See 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; 
Preliminary Results of Antidumping Duty Administrative Reviews and 
Partial Termination of Administrative Reviews, 61 FR 57391, 57392 
(November 6, 1996), unchanged in 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; Final Results of Antidumping Duty 
Administrative Reviews and Termination in Part, 62 FR 11825 (March 
13, 1997).
---------------------------------------------------------------------------

    The adverse facts available (``AFA'') rate that the Department used 
is drawn from the petition, as adjusted to reflect the United States 
Court of Appeals for the Federal Circuit (``CAFC'')'s decision in 
Dorbest. See Final Determination, Issues and Decision Memorandum at 
Comment 1. Petitioner's methodology for calculating the U.S. price and 
normal value (``NV'') in the petition is discussed in the Initiation 
Notice.\4\ In

[[Page 51980]]

the Preliminary Determination, we assigned to the PRC-wide entity the 
margin alleged in the petition, i.e., 231.40 percent.\5\ For the final 
determination, we have assigned to the PRC-wide entity the rate of 
247.65 percent.\6\ To corroborate the AFA margin that we have selected, 
we compared it to the model-specific margins we found for the 
participating mandatory respondent, Yama. We found that the margin of 
247.65 percent has probative value because it is in the range of Yama's 
model-specific margins.\7\ Accordingly, we find that the rate of 247.65 
percent is corroborated within the meaning of section 776(c) of the 
Act.\8\
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    \4\ See Narrow Woven Ribbons with Woven Selvedge from the 
People's Republic of China and Taiwan: Initiation of Antidumping 
Duty Investigations, 74 FR 39291 (August 6, 2009) (``Initiation 
Notice'')
    \5\ See Preliminary Determination, 75 FR at 7251.
    \6\ See Final Determination, Issues and Decisions Memorandum at 
Comment 1. See also July 12, 2010 Memorandum to the File from Karine 
Gziryan, International Trade Analyst, AD/CVD Operations, Office 4, 
``Antidumping Investigation of Narrow Woven Ribbons with Woven 
Selvedge from the People's Republic of China: Proprietary Memorandum 
regarding Corroboration''.
    \7\ See Final Analysis Memorandum for Yama Ribbons and Bows Co. 
Ltd., dated July 12, 2010.
    \8\ See Final Determination, Issues and Decision Memorandum at 
Comment 12; see also July 12, 2010 Memorandum to the File from 
Karine Gziryan, International Trade Analyst, AD/CVD Operations, 
Office 4, ``Antidumping Investigation of Narrow Woven Ribbons with 
Woven Selvedge from the People's Republic of China: Proprietary 
Memorandum regarding Corroboration''.
---------------------------------------------------------------------------

Continuation of Suspension of Liquidation:

    In accordance with section 735(c)(1)(B) of the Act, the Department 
has instructed U.S. Customs and Border Protection (``CBP'') to continue 
to suspend liquidation of all entries of narrow woven ribbons from the 
PRC, as described in the ``Scope of Investigation'' section, entered, 
or withdrawn from warehouse, for consumption on or after, February 18, 
2010, the date of publication of the Preliminary Determination in the 
Federal Register. See Preliminary Determination. The Department has 
instructed CBP to require a cash deposit or the posting of a bond equal 
to the weighted-average dumping margin amount by which the normal value 
exceeds U.S. price.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.224(e).

    Dated: August 17, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-21042 Filed 8-23-10; 8:45 am]
BILLING CODE 3510-DS-S

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