Initiation of Antidumping and Countervailing Duty Administrative Reviews, 66349-66352 [2010-27296]
Download as PDF
Federal Register / Vol. 75, No. 208 / Thursday, October 28, 2010 / Notices
Antidumping and Countervailing Duty
Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May
6, 2003).
emcdonald on DSK2BSOYB1PROD with NOTICES
Cash Deposit Requirements
To calculate the cash deposit rate for
Wieland, we divided its total dumping
margin by the total net value of its sales
during the review period. The following
deposit rates will be effective upon
publication of the final results of this
administrative review for all shipments
of BSS from Germany entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by section 751(a)(2)(C)
of the Act: (1) The cash deposit rate for
companies subject to this review will be
the rate established in the final results
of this review, except if the rate is less
than 0.5 percent and, therefore, de
minimis, no cash deposit will be
required; (2) for previously reviewed or
investigated companies not listed above,
the cash deposit rate will continue to be
the company-specific rate published for
the most recent final results for a review
in which that manufacturer or exporter
participated; (3) if the exporter is not a
firm covered in this review, a prior
review, or the original less-than-fairvalue (LTFV) investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent final results for the manufacturer
of the merchandise; and (4) if neither
the exporter nor the manufacturer is a
firm covered in this or any previous
review conducted by the Department,
the cash deposit rate will be 7.30
percent, the all-others rate established
in the LTFV investigation. See
Antidumping Duty Order: Brass Sheet
and Strip from the Federal Republic of
Germany, 52 FR 6997 (March 6, 1987),
amended at 52 FR 35750 (September 23,
1987). These cash 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.
Notification to Interested Parties
This notice serves as the only
reminder to parties subject to
VerDate Mar<15>2010
16:13 Oct 27, 2010
Jkt 223001
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
These final results of review are
issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: October 21, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Appendix: Comments in the Amended
Issues and Decision Memorandum
Comment 1: Whether To Use Wieland’s Daily
Metal Costs for Purposes of Computing
Costs of Production for the Sales Below
Cost Test
Comment 2: Whether the Department’s
Quarterly Indexed Cost Methodology Meets
the Requirements of the Statute’s Cost
Recovery Test
Comment 3: Whether To Revise Wieland’s
General and Administrative (G&A) Expense
Ratio
Comment 4: Whether To Make Other
Adjustments to the OTHMAT Costs,
Fabrication Costs and General and
Administrative Expenses
Comment 5: Whether the Department Should
Adjust for Fluctuations in Metal Price in its
Comparison of Export Price to Normal
Value
Comment 6: Whether the Department Should
Exclude Samples and Trial Shipments
From its Antidumping Analysis
Comment 7: Whether Facts Available Should
Be Applied
Comment 8: Whether Wieland’s U.S. Sale is
Bona Fide
Comment 9: Whether To Make a Finding of
Reimbursement of Antidumping Duties
[FR Doc. 2010–27295 Filed 10–27–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) has received requests
to conduct administrative reviews of
various antidumping and countervailing
duty orders and findings with
September anniversary dates. In
AGENCY:
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
66349
accordance with the Department’s
regulations, we are initiating those
administrative reviews.
DATES: Effective Date: October 28, 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 and countervailing
duty orders and findings with
September anniversary dates.
All deadlines for the submission of
various types of information,
certifications, or comments or actions by
the Department discussed below refer to
the number of calendar days from the
applicable starting date.
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 must notify the Department
within 60 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 period
of review. All submissions must be
made in accordance with 19 CFR
351.303 and are subject to verification
in accordance with section 782(i) of the
Tariff Act of 1930, as amended (‘‘the
Act’’). Six copies of the submission
should be submitted to the Assistant
Secretary for Import Administration,
International Trade Administration,
Room 1870, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230.
Further, in accordance with 19 CFR
351.303(f)(1)(i), a copy of each request
must be served on every party on the
Department’s service list.
Respondent Selection
In the event the Department limits the
number of respondents for individual
examination for administrative reviews,
the Department intends to select
E:\FR\FM\28OCN1.SGM
28OCN1
66350
Federal Register / Vol. 75, No. 208 / Thursday, October 28, 2010 / Notices
respondents based on U.S. Customs and
Border Protection (‘‘CBP’’) data for U.S.
imports during the period of review
(‘‘POR’’). We intend to release the CBP
data under Administrative Protective
Order (‘‘APO’’) to all parties having an
APO within seven days of publication of
this initiation notice and to make our
decision regarding respondent selection
within 21 days of publication of this
Federal Register notice. The
Department invites comments regarding
the CBP data and respondent selection
within five days of placement of the
CBP data on the record of the applicable
review.
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. 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 60 days after publication
of this Federal Register notice. The
deadline and requirement for submitting
a Certification applies equally to NMEowned firms, wholly foreign-owned
firms, and foreign sellers who purchase
and export subject merchandise to the
United States.
For entities that have not previously
been assigned a separate rate, to
demonstrate eligibility for such, the
Department requires a Separate Rate
Status Application. The Separate Rate
Status 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 days after publication
of this Federal Register notice. The
deadline and requirement for submitting
a Separate Rate Status Application
applies equally to NME-owned firms,
wholly foreign-owned firms, and foreign
sellers that purchase and export subject
merchandise to the United States.
For exporters and producers who
submit a separate-rate status application
or certification and subsequently are
selected as mandatory respondents,
these exporters and producers will no
longer be eligible for separate-rate status
unless they respond to all parts of the
questionnaire as mandatory
respondents.
Initiation of Reviews
In accordance with sections 19 CFR
351.221(c)(1)(i), we are initiating
administrative reviews of the following
antidumping and countervailing duty
orders and findings. We intend to issue
the final results of these reviews not
later than September 30, 2011.
Period to be
reviewed
emcdonald on DSK2BSOYB1PROD with NOTICES
Antidumping Duty Proceedings
India: Certain Lined Paper Products, A–533–843 .........................................................................................................................
Abhinav Paper Products Pvt. Ltd.
American Scholar, Inc. and/or I-Scholar
Ampoules & Vials Mfg. Co., Ltd.
AR Printing & Packaging (India) Pvt
Bafna Exports
Cello International Pvt. Ltd. (M/S Cello Paper Products)
Creative Divya
Corporate Stationery Pvt. Ltd.
D.D International
Excel India (Pvt.) Ltd.
Exmart International Pvt. Ltd.
Fatechand Mahendrakumar
FFI International
Freight India Logistics Pvt. Ltd.
International Greetings Pvt. Ltd.
Kejriwal Paper Ltd. and Kejriwal Exports
Lodha Offset Limited
Magic International Pvt Ltd.
Marigold ExIm Pvt. Ltd.
Marisa International
Navneet Publications (India) Ltd.
Orient Press Ltd.
VerDate Mar<15>2010
16:13 Oct 27, 2010
Jkt 223001
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
E:\FR\FM\28OCN1.SGM
28OCN1
9/1/09–8/31/10
Federal Register / Vol. 75, No. 208 / Thursday, October 28, 2010 / Notices
66351
Period to be
reviewed
Paperwise Inc.
Pioneer Stationery Pvt. Ltd.
Premier Exports
Rajvansh International
Riddhi Enterprises
SAB International
Sar Transport Systems
Seet Kamal International
Sonal Printers Pvt Ltd.
Super Impex
Swati Growth Funds Ltd.
V&M
Yash Laminates
The People’s Republic of China: Certain Lined Paper Products,1 A–570–901 ............................................................................
Shanghai Lian Li Paper Products Co., Ltd.
Leo’s Quality Products Co., Ltd./Denmax Plastic Stationary Factory
Watanabe Group (consisting of the following companies):
Watanabe Paper Products (Shanghai) Co., Ltd.
Watanabe Paper Products (Linqing) Co., Ltd.
Hotrock Stationery (Shenzhen) Co., Ltd.
The People’s Republic of China: Certain New Pneumatic Off-the-Road Tires,2 A–570–912 ......................................................
Guizhou Tyre Co., Ltd.
Guizhou Advance Rubber Co., Ltd.
Guizhou Tyre Import and Export Corporation
Hangzhou Zhongce Rubber Co., Ltd.
Hebei Starbright Tire Co., Ltd.
KS Holding Limited/KS Resources Limited
Laizhou Xiongying Rubber Industry Co., Ltd.
Mai Shandong Radial Tyre Co., Ltd.
Qingdao Free Trade Zone Full-World International Trading Company, LTD.
Qingdao Tiafa Group Co., Ltd.
Tianjin United Tire & Rubber International Co., Ltd.
Weihai Zhongwei Rubber Co., Ltd.
The People’s Republic of China: Freshwater Crawfish Tail Meat,3 A–570–848 ..........................................................................
China Kingdom (Beijing) Import & Export Co., Ltd.
Nanjing Gemsen International Co., Ltd.
Shanghai Ocean Flavor International Trading Co., Ltd.
Xiping Opeck Food Co., Ltd.
Xuzhou Jinjiang Foodstuffs Co., Ltd.
Yancheng Hi-King Agriculture Developing Co., Ltd.
The People’s Republic of China: Kitchen Appliance Shelving and Racks,4 5 A–570–941 ...........................................................
Asia Pacific CIS (Wuxi) Co., Ltd.
Asia Pacific CIS (Thailand) Co., Ltd.
Guangdong Wire King Co., Ltd. (formerly known as Foshun Shunde Wireking Housewares & Hardware)
Hangzhou Dunli Import & Export Co., Ltd. and Hangzhou Dunli Industry Co., Ltd.
Hengtong Hardware Manufacturing (Huizhou) Co., Ltd.
Jiangsu Weixi Group Co.
King Shan Wire Co., Ltd. (parent company of New King Shan (Zhuhai) Co., Ltd.)
Leader Metal Industry Co., Ltd. (aka Marmon Retail Services Asia)
New King Shan (Zhu Hai) Co., Ltd.
Taiwan Rail Company
9/1/09–8/31/10
9/1/09–8/31/10
9/1/09–8/31/10
3/5/09–8/31/10
emcdonald on DSK2BSOYB1PROD with NOTICES
Countervailing Duty Proceedings
Brazil: Certain Hot-Rolled Carbon Steel Flat Products, C–351–829 ............................................................................................
Usinas Siderurgicas de Minas Gerais S.A.—Usiminas
Companhia Siderurgica Paulista—Cosipa
The People’s Republic of China: Certain New Pneumatic Off-the-Road Tires, C–570–913 .......................................................
Guizhou Tyre Co., Ltd.
Guizhou Advance Rubber Co., Ltd.
Guizhou Tyre Import and Export Corporation
Qingda Etyre International Trade Co., Ltd.
Qingdao Hengda Tyres Co., Ltd.
Qingdao Sinorient International Ltd.
Qingdao Qizhou Rubber Co., Ltd.
Shandong Huitong Tyre Co., Ltd.
Tianjin United Tire & Rubber International Co., Ltd.
Techking Tires Limited
Wendeng Sanfeng Tyre Co., Ltd.
The People’s Republic of China: Kitchen Appliance Shelving and Racks,6 C–570–942 .............................................................
Asia Pacific CIS (Wuxi) Co., Ltd.
Asia Pacific CIS (Thailand) Co., Ltd.
Guangdong Wire King Co., Ltd. (formerly known as Foshun Shunde
VerDate Mar<15>2010
16:13 Oct 27, 2010
Jkt 223001
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
E:\FR\FM\28OCN1.SGM
28OCN1
1/1/09–12/31/09
1/1/09–12/31/09
1/7/09–12/31/09
66352
Federal Register / Vol. 75, No. 208 / Thursday, October 28, 2010 / Notices
Period to be
reviewed
Wireking Housewares & Hardware)
Hangzhou Dunli Import & Export Co., Ltd. and Hangzhou Dunli Industry Co., Ltd.
Hengtong Hardware Manufacturing (Huizhou) Co., Ltd.
Jiangsu Weixi Group Co.
King Shan Wire Co., Ltd. (parent company of New King Shan (Zhuhai) Co., Ltd.)
Leader Metal Industry Co., Ltd. (aka Marmon Retail Services Asia)
New King Shan (Zhu Hai) Co., Ltd.
Taiwan Rail Company
1 If one of the above named companies does not qualify for a separate rate, all other exporters of Certain Lined Paper Products from the People’s Republic of China (‘‘PRC’’) who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC
entity of which the named exporters are a part.
2 If one of the above named companies does not qualify for a separate rate, all other exporters of Certain New Pneumatic Off-the-Road Tires
from the PRC who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the
named exporters are a part.
3 If one of the above named companies does not qualify for a separate rate, all other exporters of Freshwater Crawfish Tail Meat from the PRC
who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part.
4 If one of the above named companies does not qualify for a separate rate, all other exporters of Kitchen Appliance Shelving and Racks from
the PRC who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named
exporters are a part.
5 Petitioners, SSW Holding Company, Inc. and Nashville Wire Products, Inc, also requested a review of five additional companies. However,
the Department has sought additional information as to why Petitioners desire a review of these companies, as required by 19 CFR
351.213(b)(1). We are still considering the appropriateness of initiating a review of these five companies. Therefore, at this time, we are not initiating a review with respect to the following companies: Asia Pacific CIS (Wuxi) Co., Ltd., Asia Pacific CIS (Thailand) Co., Ltd., Hengtong Hardware Manufacturing (Huizhou) Co., Ltd., Taiwan Rail Company, and King Shan Wire Co., Ltd.
6 See footnote 5.
emcdonald on DSK2BSOYB1PROD with NOTICES
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 for 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
VerDate Mar<15>2010
16:13 Oct 27, 2010
Jkt 223001
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 351.103(d)).
These initiations and this notice are
in accordance with section 751(a) of the
Act, (19 U.S.C. 1675(a)) and 19 CFR
351.221(c)(1)(I).
Dated: October 25, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2010–27296 Filed 10–27–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–836]
Glycine From the People’s Republic of
China: Initiation of Antidumping Anticircumvention Inquiry
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from
GEO Specialty Chemicals, Inc. and
Chattem Chemicals, Inc., domestic
AGENCY:
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
interested parties in the abovereferenced proceeding (‘‘domestic
interested parties’’), the Department of
Commerce (‘‘the Department’’) is
initiating an antidumping anticircumvention inquiry pursuant to
section 781(b) of the Tariff Act of 1930,
as amended (‘‘the Act’’). This inquiry
will examine whether the activities of
three Indian companies, Salvi Chemical
Industries (allegedly affiliated with
Nutracare International) (collectively,
‘‘Salvi’’), Paras Intermediates Pvt. Ltd.
(‘‘Paras’’), and AICO Laboratories India
Ltd. (‘‘AICO’’) are circumventing the
antidumping duty order on glycine from
the People’s Republic of China (PRC).
See Antidumping Duty Order: Glycine
from People’s Republic of China, 60 FR
16116 (March 29, 1995) (‘‘PRC Glycine
Order ’’).
DATES: Effective Date: October 28, 2010.
FOR FURTHER INFORMATION CONTACT:
David Cordell or Olga Carter, 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) 482–0408 or (202) 482–
8221, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 18, 2009, the domestic
interested parties filed a request for
initiation of an anti-circumvention
inquiry, alleging two companies (AICO
and Paras) were circumventing the order
covering glycine from the PRC under
section 781(b) of the Act and 19 CFR
E:\FR\FM\28OCN1.SGM
28OCN1
Agencies
[Federal Register Volume 75, Number 208 (Thursday, October 28, 2010)]
[Notices]
[Pages 66349-66352]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-27296]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and Countervailing Duty Administrative
Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') has received
requests to conduct administrative reviews of various antidumping and
countervailing duty orders and findings with September anniversary
dates. In accordance with the Department's regulations, we are
initiating those administrative reviews.
DATES: Effective Date: October 28, 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 and
countervailing duty orders and findings with September anniversary
dates.
All deadlines for the submission of various types of information,
certifications, or comments or actions by the Department discussed
below refer to the number of calendar days from the applicable starting
date.
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 must notify the Department within
60 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 period of review. All submissions must be made
in accordance with 19 CFR 351.303 and are subject to verification in
accordance with section 782(i) of the Tariff Act of 1930, as amended
(``the Act''). Six copies of the submission should be submitted to the
Assistant Secretary for Import Administration, International Trade
Administration, Room 1870, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230. Further, in accordance
with 19 CFR 351.303(f)(1)(i), a copy of each request must be served on
every party on the Department's service list.
Respondent Selection
In the event the Department limits the number of respondents for
individual examination for administrative reviews, the Department
intends to select
[[Page 66350]]
respondents based on U.S. Customs and Border Protection (``CBP'') data
for U.S. imports during the period of review (``POR''). We intend to
release the CBP data under Administrative Protective Order (``APO'') to
all parties having an APO within seven days of publication of this
initiation notice and to make our decision regarding respondent
selection within 21 days of publication of this Federal Register
notice. The Department invites comments regarding the CBP data and
respondent selection within five days of placement of the CBP data on
the record of the applicable review.
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. 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 60 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.
For entities that have not previously been assigned a separate
rate, to demonstrate eligibility for such, the Department requires a
Separate Rate Status Application. The Separate Rate Status 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 days after
publication of this Federal Register notice. The deadline and
requirement for submitting a Separate Rate Status Application applies
equally to NME-owned firms, wholly foreign-owned firms, and foreign
sellers that purchase and export subject merchandise to the United
States.
For exporters and producers who submit a separate-rate status
application or certification and subsequently are selected as mandatory
respondents, these exporters and producers will no longer be eligible
for separate-rate status unless they respond to all parts of the
questionnaire as mandatory respondents.
Initiation of Reviews
In accordance with sections 19 CFR 351.221(c)(1)(i), we are
initiating administrative reviews of the following antidumping and
countervailing duty orders and findings. We intend to issue the final
results of these reviews not later than September 30, 2011.
------------------------------------------------------------------------
Period to be
reviewed
------------------------------------------------------------------------
Antidumping Duty Proceedings
------------------------------------------------------------------------
India: Certain Lined Paper Products, A-533-843....... 9/1/09-8/31/10
Abhinav Paper Products Pvt. Ltd.
American Scholar, Inc. and/or I-Scholar
Ampoules & Vials Mfg. Co., Ltd.
AR Printing & Packaging (India) Pvt
Bafna Exports
Cello International Pvt. Ltd. (M/S Cello Paper
Products)
Creative Divya
Corporate Stationery Pvt. Ltd.
D.D International
Excel India (Pvt.) Ltd.
Exmart International Pvt. Ltd.
Fatechand Mahendrakumar
FFI International
Freight India Logistics Pvt. Ltd.
International Greetings Pvt. Ltd.
Kejriwal Paper Ltd. and Kejriwal Exports
Lodha Offset Limited
Magic International Pvt Ltd.
Marigold ExIm Pvt. Ltd.
Marisa International
Navneet Publications (India) Ltd.
Orient Press Ltd.
[[Page 66351]]
Paperwise Inc.
Pioneer Stationery Pvt. Ltd.
Premier Exports
Rajvansh International
Riddhi Enterprises
SAB International
Sar Transport Systems
Seet Kamal International
Sonal Printers Pvt Ltd.
Super Impex
Swati Growth Funds Ltd.
V & M
Yash Laminates
The People's Republic of China: Certain Lined Paper 9/1/09-8/31/10
Products,\1\ A-570-901..............................
Shanghai Lian Li Paper Products Co., Ltd.
Leo's Quality Products Co., Ltd./Denmax Plastic
Stationary Factory
Watanabe Group (consisting of the following
companies):
Watanabe Paper Products (Shanghai) Co., Ltd.
Watanabe Paper Products (Linqing) Co., Ltd.
Hotrock Stationery (Shenzhen) Co., Ltd.
The People's Republic of China: Certain New Pneumatic 9/1/09-8/31/10
Off-the-Road Tires,\2\ A-570-912....................
Guizhou Tyre Co., Ltd.
Guizhou Advance Rubber Co., Ltd.
Guizhou Tyre Import and Export Corporation
Hangzhou Zhongce Rubber Co., Ltd.
Hebei Starbright Tire Co., Ltd.
KS Holding Limited/KS Resources Limited
Laizhou Xiongying Rubber Industry Co., Ltd.
Mai Shandong Radial Tyre Co., Ltd.
Qingdao Free Trade Zone Full-World International
Trading Company, LTD.
Qingdao Tiafa Group Co., Ltd.
Tianjin United Tire & Rubber International Co.,
Ltd.
Weihai Zhongwei Rubber Co., Ltd.
The People's Republic of China: Freshwater Crawfish 9/1/09-8/31/10
Tail Meat,\3\ A-570-848.............................
China Kingdom (Beijing) Import & Export Co., Ltd.
Nanjing Gemsen International Co., Ltd.
Shanghai Ocean Flavor International Trading Co.,
Ltd.
Xiping Opeck Food Co., Ltd.
Xuzhou Jinjiang Foodstuffs Co., Ltd.
Yancheng Hi-King Agriculture Developing Co., Ltd.
The People's Republic of China: Kitchen Appliance 3/5/09-8/31/10
Shelving and Racks,\4\ \5\ A-570-941................
Asia Pacific CIS (Wuxi) Co., Ltd.
Asia Pacific CIS (Thailand) Co., Ltd.
Guangdong Wire King Co., Ltd. (formerly known as
Foshun Shunde Wireking Housewares & Hardware)
Hangzhou Dunli Import & Export Co., Ltd. and
Hangzhou Dunli Industry Co., Ltd.
Hengtong Hardware Manufacturing (Huizhou) Co.,
Ltd.
Jiangsu Weixi Group Co.
King Shan Wire Co., Ltd. (parent company of New
King Shan (Zhuhai) Co., Ltd.)
Leader Metal Industry Co., Ltd. (aka Marmon
Retail Services Asia)
New King Shan (Zhu Hai) Co., Ltd.
Taiwan Rail Company
------------------------------------------------------------------------
Countervailing Duty Proceedings
------------------------------------------------------------------------
Brazil: Certain Hot-Rolled Carbon Steel Flat 1/1/09-12/31/09
Products, C-351-829.................................
Usinas Siderurgicas de Minas Gerais S.A.--
Usiminas
Companhia Siderurgica Paulista--Cosipa
The People's Republic of China: Certain New Pneumatic 1/1/09-12/31/09
Off-the-Road Tires, C-570-913.......................
Guizhou Tyre Co., Ltd.
Guizhou Advance Rubber Co., Ltd.
Guizhou Tyre Import and Export Corporation
Qingda Etyre International Trade Co., Ltd.
Qingdao Hengda Tyres Co., Ltd.
Qingdao Sinorient International Ltd.
Qingdao Qizhou Rubber Co., Ltd.
Shandong Huitong Tyre Co., Ltd.
Tianjin United Tire & Rubber International Co.,
Ltd.
Techking Tires Limited
Wendeng Sanfeng Tyre Co., Ltd.
The People's Republic of China: Kitchen Appliance 1/7/09-12/31/09
Shelving and Racks,\6\ C-570-942....................
Asia Pacific CIS (Wuxi) Co., Ltd.
Asia Pacific CIS (Thailand) Co., Ltd.
Guangdong Wire King Co., Ltd. (formerly known as
Foshun Shunde
[[Page 66352]]
Wireking Housewares & Hardware)
Hangzhou Dunli Import & Export Co., Ltd. and
Hangzhou Dunli Industry Co., Ltd.
Hengtong Hardware Manufacturing (Huizhou) Co.,
Ltd.
Jiangsu Weixi Group Co.
King Shan Wire Co., Ltd. (parent company of New
King Shan (Zhuhai) Co., Ltd.)
Leader Metal Industry Co., Ltd. (aka Marmon
Retail Services Asia)
New King Shan (Zhu Hai) Co., Ltd.
Taiwan Rail Company
------------------------------------------------------------------------
\1\ If one of the above named companies does not qualify for a separate
rate, all other exporters of Certain Lined Paper Products from the
People's Republic of China (``PRC'') who have not qualified for a
separate rate are deemed to be covered by this review as part of the
single PRC entity of which the named exporters are a part.
\2\ If one of the above named companies does not qualify for a separate
rate, all other exporters of Certain New Pneumatic Off-the-Road Tires
from the PRC who have not qualified for a separate rate are deemed to
be covered by this review as part of the single PRC entity of which
the named exporters are a part.
\3\ If one of the above named companies does not qualify for a separate
rate, all other exporters of Freshwater Crawfish Tail Meat from the
PRC who have not qualified for a separate rate are deemed to be
covered by this review as part of the single PRC entity of which the
named exporters are a part.
\4\ If one of the above named companies does not qualify for a separate
rate, all other exporters of Kitchen Appliance Shelving and Racks from
the PRC who have not qualified for a separate rate are deemed to be
covered by this review as part of the single PRC entity of which the
named exporters are a part.
\5\ Petitioners, SSW Holding Company, Inc. and Nashville Wire Products,
Inc, also requested a review of five additional companies. However,
the Department has sought additional information as to why Petitioners
desire a review of these companies, as required by 19 CFR
351.213(b)(1). We are still considering the appropriateness of
initiating a review of these five companies. Therefore, at this time,
we are not initiating a review with respect to the following
companies: Asia Pacific CIS (Wuxi) Co., Ltd., Asia Pacific CIS
(Thailand) Co., Ltd., Hengtong Hardware Manufacturing (Huizhou) Co.,
Ltd., Taiwan Rail Company, and King Shan Wire Co., Ltd.
\6\ See footnote 5.
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 for 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
351.103(d)).
These initiations and this notice are in accordance with section
751(a) of the Act, (19 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(I).
Dated: October 25, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-27296 Filed 10-27-10; 8:45 am]
BILLING CODE 3510-DS-P