Initiation of Antidumping and Countervailing Duty Administrative Reviews, 73036-73039 [2010-29970]
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73036
Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Notices
merchandise during the POR produced
by CP Kelco for which CP Kelco did not
know the merchandise was destined for
the United States. In such instances, we
will instruct CBP to liquidate unreviewed entries at the 6.65 percent allothers rate from the LTFV investigation
if there is no company-specific rate for
an intermediary involved in the
transaction. See Notice of Antidumping
Duty Orders: Purified
Carboxymethylcellulose from Finland,
Mexico, the Netherlands and Sweden,
70 FR 39734 (July 11, 2005). See
Assessment of Antidumping Duties for a
full discussion of this clarification.
mstockstill on DSKH9S0YB1PROD with NOTICES
Cash Deposit Requirements
Furthermore, the following cash
deposit requirements will be effective
upon publication of these final results
for all shipments of purified
carboxymethylcellulose from Finland
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(1) of the Tariff Act of
1930, as amended (the Act): (1) The cash
deposit rate for CP Kelco will be the rate
established in the final results of review;
(2) if the exporter is not a firm covered
in this review or the less-than-fair-value
(LTFV) investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent period for the manufacturer of
the merchandise; and (3) 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 the all-others rate
from the LTFV investigation. Id. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this POR. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
Administrative Protective Orders
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
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with 19 CFR 351.305(a)(3), 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 this
notice in accordance with sections
751(a)(1) and 777(i) of the Act.
Dated: November 15, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2010–29961 Filed 11–26–10; 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 October
anniversary dates. In accordance with
the Department’s regulations, we are
initiating those administrative reviews.
DATES: Effective Date: November 29,
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:
AGENCY:
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 October
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
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Fmt 4703
Sfmt 4703
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 & 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 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.
E:\FR\FM\29NON1.SGM
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Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Notices
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.
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://
73037
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 NMEowned firms, wholly foreign-owned
firms, and foreign sellers that purchase
and export subject merchandise to the
United States.
For exporters and producers who
submit a separate-rate status application
or certification and subsequently are
selected as mandatory respondents,
these exporters and producers will no
longer be eligible for separate-rate status
unless they respond to all parts of the
questionnaire as mandatory
respondents.
Initiation of Reviews
In accordance with section 19 CFR
351.221(c)(1)(i), we are initiating
administrative reviews of the following
antidumping and countervailing duty
orders and findings. We intend to issue
the final results of these reviews not
later than October 31, 2011.
mstockstill on DSKH9S0YB1PROD with NOTICES
Period to be
reviewed
Antidumping Duty Proceedings
Mexico: Carbon and Certain Alloy Steel Wire Rod A–201–830 ...................................................................................................
Aceros San Luis S.A. de C.V.
Altos Hornos de Mexico S.A. de C.V.
Arcelor Mittal Las Truchas, S.A. de C.V.
DeAcero de C.V.
Siderurgica Lazaro Cadenas Las Truchas S.A. de C.V. (SICARTSA).
Talleres y Aceros S.A. de C.V.
Ternium Mexico S.A. de C.V. (formerly known as Hylsa S.A. de C.V. and Hylsa Puebla S.A. de C.V. (Hylsa))
The People’s Republic of China: Kitchen Appliance Shelving and Racks 3 4 A–570–941 ............................................................
Asia Pacific CIS (Wuxi) Co., Ltd.
Hengtong Hardware Manufacturing (Huizhou) Co., Ltd.
The People’s Republic of China: Steel Wire Garment Hangers 5 A–570–918 .............................................................................
Angang Clothes Rack Manufacture Company Limited.
Bazhou Sanqiang Furniture Co., Ltd.
Bestallied International Corp.
Bestluck Enterprise Limited.
Blue Mountain Imp Exp Co Ltd.
Bon Voyage Logistics Inc.
Butler Courtesy (Guilin) Inc.
C Import and Export (Hong Kong) Co., Ltd.
Century Distribution System (Shenzhen) Ltd.
Changzhou Fortune Handicraft Co., Ltd.
Changzhou MC Imp. & Exp. Co. Ltd. a/k/a Changzhou MC IE Co., Ltd.
China Fujian Minhou Shenghua Handicrafts Co., Ltd.
China Ningbo Wahfay Industrial (Group) Co., Ltd.
CTN Limited Company
1 Such entities include entities that have not
participated in the proceeding, entities that were
preliminarily granted a separate rate in any
currently incomplete segment of the proceedings
(e.g., an ongoing administrative review, new
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shipper review, etc.) and entities that lost their
separate rate in the most recently complete segment
of the proceeding in which they participated.
2 Only changes to the official company name,
rather than trade names, need to be addressed via
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10/1/09–9/30/10.
3/5/09–8/31/10.
10/1/09–9/30/10.
a Separate Rate Application. Information regarding
new trade names may be submitted via a Separate
Rate Application.
E:\FR\FM\29NON1.SGM
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Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Notices
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Period to be
reviewed
CTO International Co. Ltd.
Eagle Brand Holdings Limited.
Ecocom Crafts Co., Ltd. a/k/a Hangzhou Ecocom Crafts Co., Ltd.
Eisho Co., Ltd. a/k/a Eisho Hanger Co., Ltd.
Fujian Pucheng Breese Home Products, Inc.
Good Wonder Limited.
Guangdong Machinery Imp. & Exp. Co.
Guangdong Provincial Taoyue Mfg. Co., Ltd.
Guangxi Yikai Industry and Trade Co., Ltd.
Guangzhou Haojin Motorcycle Company
Guangzhou Zhoucheng Plastic Co., Ltd.
Guilin Betterall Household Articles Co., Ltd.
Guilin Harvest Co., Ltd.
Guilin Jinlai Imp. & Exp. Co., Ltd.
Guilin Yusense Home Collection Co., Ltd.
Haimen Jinhang Business Trading Co.
Haiyan Lianxiang Hardware Products Co.
Hangzhou Dunli Import & Export Co.
Hanji Metals and Plastics Crafts Co.
HD Supply Shenzhen.
Hezhou City Yaolong Trade Co Ltd.
Jiahe International Trading Co.
Jiangmen Masters Hardware Products.
Jiangsu Y and S Inc.
Jiangyin Hongji Metal Products Co., Ltd.
Jiaxing Boyi Medical Device Co.
K.O.D Solutions Limited Dongguan Office.
Kingtex Imp & Exp Co., Ltd.
Laidlaw Company LLC.
Mainfreight Int’l Logistics (Shanghai) Co. Ltd.
Maxplus Industries Co., Ltd.
Nanjing Feisike Import & Export Trading Co. Ltd.
Ningbo Beilun Huafa Metal Products
Ningbo Dasheng Hanger Ind. Co., Ltd.
Ningbo Everun International Limited.
Ningbo First Rank International Co.
Ningbo Home-Dollar Imp. & Exp. Corp.
Ningbo Hongdi Measuring Tape Co., Ltd.
Ningbo Municipal Xinyu Imp. & Exp. Co.
Ningbo Wellway Imp. & Exp. Co., Ltd.
Overseas Int’l Group Corp.
Plastic Intercon Co., Ltd.
Pujiang County Command Metal Products Co., Ltd.
Quyky Yanglei International Co., Ltd. a/k/a Quyky Group.
Shandong Autjinrong Found-assemble Co., Ltd.
Shanghai Cheertie Display Fixture.
Shanghai Electric Imp. & Exp. Co., Ltd.
Shanghai Hua Yue Packaging Products
Shanghai International Trade Transportation Co., Ltd.
Shanghai International Trade Yee Da Imp. & Ex. Co., Ltd.
Shanghai New Union Textra Import & Export Co., Ltd.
Shanghai Overseas Enterprises Co. Ltd.
Shanghai Textile Raw Materials.
Shanghai Wells Hanger Co., Ltd.
Shanghai Wintex Import & Export Co., Ltd.
Shangyu Baoxiang Metal Manufactured Co., Ltd.
Shaoxing Amazon Prime Trade Co., Ltd.
Shaoxing Andrew Metal Manufactured.
Shaoxing Dingli Metal Clotheshorse Co., Ltd.
Shaoxing Gangyuan Metal Manufacture.
Shaoxing Guochao Metallic Products Co., Ltd.
Shaoxing Kinglaw Metal Products Co., Ltd.
Shaoxing Liangbao Metal Manufactured Co., Ltd.
Shaoxing Meideli Metal Hanger Co., Ltd.
Shaoxing Shunji Metal Clotheshorse Co., Ltd.
Shaoxing Tongzhou Metal Manufactured Co., Ltd.
Shaoxing Zhongbao Metal Manufactured Co., Ltd.
Shenzhen He Zhenglong Imp. & Exp. Co. Ltd., a/k/a Shenzhen He Zhong Long Imxp
Shenzhen SED Industry Co., Ltd. a/k/a Shenzhen Sed Electronics Co.
Sunny Metal Inc.
Taishan Jinji Hangers Co., Ltd.
Taizhou Huasheng Wooden Co., Ltd.
Tianjin Tailai Imp & Exp Co., Ltd.
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17:57 Nov 26, 2010
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Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Notices
Period to be
reviewed
mstockstill on DSKH9S0YB1PROD with NOTICES
Transtek Automotive Products Co. Ltd.
Tri-star Trading Co.
Uasha Group International Shanghai Ltd.
Universal Houseware (Dongguan)
Wenzhou N. & A. Foreign Trade Corp.
Wenzhou Pan Pacific Foreign Trade Co., Ltd.
Wesken International (Kunshan) Co., Ltd.
World Trading Service Limited.
X&Y Papa-Fix Industry Limited.
Yiwu Ao-Si Metal Products Co., Ltd.
Zhangjiagang Maohua Coating & Adorn
Zhejiang Arts and Crafts Import.
Zhejiang Huamao International Co., Ltd.
Zhejiang Lucky Cloud Hanger Co., Ltd.
Zhejiang Wenzhou Packaging Imp. & Exp.
Countervailing Duty Proceedings
The People’s Republic of China: Kitchen Appliance Shelving and Racks 6 C–570–942 .............................................................
Asia Pacific CIS (Wuxi) Co., Ltd.
Hengtong Hardware Manufacturing (Huizhou) Co., Ltd.
Suspension Agreements
None.
3 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.
4 In the notice of initiation for September
anniversary cases, published in the Federal
Register on October 28, 2008 (75 FR 66349) and
corrected on November 10, 2010 (75 FR 69054), the
Department postponed initiation of five companies.
We have determined to initiate on two of the
companies (listed above). Regarding the three
additional companies, the Department does not
conduct administrative reviews to investigate
transshipment allegations. See Globe Metallurgical
Inc. v. United States, Slip Op. 10–100 (Ct. Int’l
Trade Sept. 1, 2010). Petitioners (SSW Holding
Company, Inc. and Nashville Wire Products, Inc.)
have not provided any reason, other than potential
transshipment of subject merchandise, for
requesting a review of these three additional
companies. Therefore, we are not initiating a review
with respect to the following companies: Asia
Pacific CIS (Thailand) Co., Ltd.; Taiwan Rail
Company; and King Shan Wire Co., Ltd.
5 If one of the above-named companies does not
qualify for a separate rate, all other exporters of
Steel Wire Garment Hangers 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 exporter is a part.
6 In the notice of initiation for September
anniversary cases, published in the Federal
Register on October 28, 2008 (75 FR 66349) and
corrected on November 10, 2010 (75 FR 69054), the
Department postponed initiation of five companies.
We have determined to initiate on two of the
companies (listed above). Regarding the three
additional companies, the Department does not
conduct administrative reviews to investigate
transshipment allegations. See Globe Metallurgical
Inc. v. United States, Slip Op. 10–100 (Ct. Int’l
Trade Sept. 1, 2010). Petitioners (SSW Holding
Company, Inc. and Nashville Wire Products, Inc.)
have not provided any reason, other than potential
transshipment of subject merchandise, for
requesting a review of these three additional
companies. Therefore, we are not initiating a review
with respect to the following companies: Asia
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17:57 Nov 26, 2010
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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 section 351.211 or a
determination under section
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:
Pacific CIS (Thailand) Co., Ltd.; Taiwan Rail
Company; and King Shan Wire Co., Ltd.
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Sfmt 4703
1/7/09–12/31/09
Documents Submission Procedures;
APO Procedures, 73 FR 3634 (January
22, 2008). Those procedures apply to
administrative reviews included in this
notice of intiation. 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
Tariff Act of 1930, as amended (19
U.S.C. 1675(a)), and 19 CFR
351.221(c)(1)(i).
Dated: November 22, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2010–29970 Filed 11–26–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Renewable Energy and Energy
Efficiency Advisory Committee
(RE&EEAC)
November 22, 2010.
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of Open Meeting;
Correction.
AGENCY:
The U.S. Department of
Commerce published a document in the
Federal Register of November 17, 2010
concerning a notification of an open
SUMMARY:
E:\FR\FM\29NON1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 228 (Monday, November 29, 2010)]
[Notices]
[Pages 73036-73039]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29970]
-----------------------------------------------------------------------
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 October anniversary dates.
In accordance with the Department's regulations, we are initiating
those administrative reviews.
DATES: Effective Date: November 29, 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 October 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 &
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 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.
[[Page 73037]]
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.
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 Reviews
In accordance with section 19 CFR 351.221(c)(1)(i), we are
initiating administrative reviews of the following antidumping and
countervailing duty orders and findings. We intend to issue the final
results of these reviews not later than October 31, 2011.
------------------------------------------------------------------------
Period to be
reviewed
------------------------------------------------------------------------
Antidumping Duty Proceedings
Mexico: Carbon and Certain Alloy Steel Wire Rod A-201- 10/1/09-9/30/10.
830.................................................
Aceros San Luis S.A. de C.V.
Altos Hornos de Mexico S.A. de C.V.
Arcelor Mittal Las Truchas, S.A. de C.V.
DeAcero de C.V.
Siderurgica Lazaro Cadenas Las Truchas S.A. de
C.V. (SICARTSA).
Talleres y Aceros S.A. de C.V.
Ternium Mexico S.A. de C.V. (formerly known as
Hylsa S.A. de C.V. and Hylsa Puebla S.A. de C.V.
(Hylsa))
The People's Republic of China: Kitchen Appliance 3/5/09-8/31/10.
Shelving and Racks 3 4 A-570-941....................
Asia Pacific CIS (Wuxi) Co., Ltd.
Hengtong Hardware Manufacturing (Huizhou) Co.,
Ltd.
The People's Republic of China: Steel Wire Garment 10/1/09-9/30/10.
Hangers 5 A-570-918.................................
Angang Clothes Rack Manufacture Company Limited.
Bazhou Sanqiang Furniture Co., Ltd.
Bestallied International Corp.
Bestluck Enterprise Limited.
Blue Mountain Imp Exp Co Ltd.
Bon Voyage Logistics Inc.
Butler Courtesy (Guilin) Inc.
C Import and Export (Hong Kong) Co., Ltd.
Century Distribution System (Shenzhen) Ltd.
Changzhou Fortune Handicraft Co., Ltd.
Changzhou MC Imp. & Exp. Co. Ltd. a/k/a Changzhou
MC IE Co., Ltd.
China Fujian Minhou Shenghua Handicrafts Co.,
Ltd.
China Ningbo Wahfay Industrial (Group) Co., Ltd.
CTN Limited Company
[[Page 73038]]
CTO International Co. Ltd.
Eagle Brand Holdings Limited.
Ecocom Crafts Co., Ltd. a/k/a Hangzhou Ecocom
Crafts Co., Ltd.
Eisho Co., Ltd. a/k/a Eisho Hanger Co., Ltd.
Fujian Pucheng Breese Home Products, Inc.
Good Wonder Limited.
Guangdong Machinery Imp. & Exp. Co.
Guangdong Provincial Taoyue Mfg. Co., Ltd.
Guangxi Yikai Industry and Trade Co., Ltd.
Guangzhou Haojin Motorcycle Company
Guangzhou Zhoucheng Plastic Co., Ltd.
Guilin Betterall Household Articles Co., Ltd.
Guilin Harvest Co., Ltd.
Guilin Jinlai Imp. & Exp. Co., Ltd.
Guilin Yusense Home Collection Co., Ltd.
Haimen Jinhang Business Trading Co.
Haiyan Lianxiang Hardware Products Co.
Hangzhou Dunli Import & Export Co.
Hanji Metals and Plastics Crafts Co.
HD Supply Shenzhen.
Hezhou City Yaolong Trade Co Ltd.
Jiahe International Trading Co.
Jiangmen Masters Hardware Products.
Jiangsu Y and S Inc.
Jiangyin Hongji Metal Products Co., Ltd.
Jiaxing Boyi Medical Device Co.
K.O.D Solutions Limited Dongguan Office.
Kingtex Imp & Exp Co., Ltd.
Laidlaw Company LLC.
Mainfreight Int'l Logistics (Shanghai) Co. Ltd.
Maxplus Industries Co., Ltd.
Nanjing Feisike Import & Export Trading Co. Ltd.
Ningbo Beilun Huafa Metal Products
Ningbo Dasheng Hanger Ind. Co., Ltd.
Ningbo Everun International Limited.
Ningbo First Rank International Co.
Ningbo Home-Dollar Imp. & Exp. Corp.
Ningbo Hongdi Measuring Tape Co., Ltd.
Ningbo Municipal Xinyu Imp. & Exp. Co.
Ningbo Wellway Imp. & Exp. Co., Ltd.
Overseas Int'l Group Corp.
Plastic Intercon Co., Ltd.
Pujiang County Command Metal Products Co., Ltd.
Quyky Yanglei International Co., Ltd. a/k/a Quyky
Group.
Shandong Autjinrong Found-assemble Co., Ltd.
Shanghai Cheertie Display Fixture.
Shanghai Electric Imp. & Exp. Co., Ltd.
Shanghai Hua Yue Packaging Products
Shanghai International Trade Transportation Co.,
Ltd.
Shanghai International Trade Yee Da Imp. & Ex.
Co., Ltd.
Shanghai New Union Textra Import & Export Co.,
Ltd.
Shanghai Overseas Enterprises Co. Ltd.
Shanghai Textile Raw Materials.
Shanghai Wells Hanger Co., Ltd.
Shanghai Wintex Import & Export Co., Ltd.
Shangyu Baoxiang Metal Manufactured Co., Ltd.
Shaoxing Amazon Prime Trade Co., Ltd.
Shaoxing Andrew Metal Manufactured.
Shaoxing Dingli Metal Clotheshorse Co., Ltd.
Shaoxing Gangyuan Metal Manufacture.
Shaoxing Guochao Metallic Products Co., Ltd.
Shaoxing Kinglaw Metal Products Co., Ltd.
Shaoxing Liangbao Metal Manufactured Co., Ltd.
Shaoxing Meideli Metal Hanger Co., Ltd.
Shaoxing Shunji Metal Clotheshorse Co., Ltd.
Shaoxing Tongzhou Metal Manufactured Co., Ltd.
Shaoxing Zhongbao Metal Manufactured Co., Ltd.
Shenzhen He Zhenglong Imp. & Exp. Co. Ltd., a/k/a
Shenzhen He Zhong Long Imxp
Shenzhen SED Industry Co., Ltd. a/k/a Shenzhen
Sed Electronics Co.
Sunny Metal Inc.
Taishan Jinji Hangers Co., Ltd.
Taizhou Huasheng Wooden Co., Ltd.
Tianjin Tailai Imp & Exp Co., Ltd.
[[Page 73039]]
Transtek Automotive Products Co. Ltd.
Tri-star Trading Co.
Uasha Group International Shanghai Ltd.
Universal Houseware (Dongguan)
Wenzhou N. & A. Foreign Trade Corp.
Wenzhou Pan Pacific Foreign Trade Co., Ltd.
Wesken International (Kunshan) Co., Ltd.
World Trading Service Limited.
X&Y Papa-Fix Industry Limited.
Yiwu Ao-Si Metal Products Co., Ltd.
Zhangjiagang Maohua Coating & Adorn
Zhejiang Arts and Crafts Import.
Zhejiang Huamao International Co., Ltd.
Zhejiang Lucky Cloud Hanger Co., Ltd.
Zhejiang Wenzhou Packaging Imp. & Exp.
Countervailing Duty Proceedings
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.
Hengtong Hardware Manufacturing (Huizhou) Co.,
Ltd.
Suspension Agreements
None.
------------------------------------------------------------------------
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\3\ 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.
\4\ In the notice of initiation for September anniversary cases,
published in the Federal Register on October 28, 2008 (75 FR 66349)
and corrected on November 10, 2010 (75 FR 69054), the Department
postponed initiation of five companies. We have determined to
initiate on two of the companies (listed above). Regarding the three
additional companies, the Department does not conduct administrative
reviews to investigate transshipment allegations. See Globe
Metallurgical Inc. v. United States, Slip Op. 10-100 (Ct. Int'l
Trade Sept. 1, 2010). Petitioners (SSW Holding Company, Inc. and
Nashville Wire Products, Inc.) have not provided any reason, other
than potential transshipment of subject merchandise, for requesting
a review of these three additional companies. Therefore, we are not
initiating a review with respect to the following companies: Asia
Pacific CIS (Thailand) Co., Ltd.; Taiwan Rail Company; and King Shan
Wire Co., Ltd.
\5\ If one of the above-named companies does not qualify for a
separate rate, all other exporters of Steel Wire Garment Hangers
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 exporter is a part.
\6\ In the notice of initiation for September anniversary cases,
published in the Federal Register on October 28, 2008 (75 FR 66349)
and corrected on November 10, 2010 (75 FR 69054), the Department
postponed initiation of five companies. We have determined to
initiate on two of the companies (listed above). Regarding the three
additional companies, the Department does not conduct administrative
reviews to investigate transshipment allegations. See Globe
Metallurgical Inc. v. United States, Slip Op. 10-100 (Ct. Int'l
Trade Sept. 1, 2010). Petitioners (SSW Holding Company, Inc. and
Nashville Wire Products, Inc.) have not provided any reason, other
than potential transshipment of subject merchandise, for requesting
a review of these three additional companies. Therefore, we are not
initiating a review with respect to the following companies: Asia
Pacific CIS (Thailand) Co., Ltd.; Taiwan Rail Company; and King Shan
Wire Co., Ltd.
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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 section 351.211 or a
determination under section 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 intiation. 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 Tariff Act of 1930, as amended (19 U.S.C. 1675(a)), and
19 CFR 351.221(c)(1)(i).
Dated: November 22, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-29970 Filed 11-26-10; 8:45 am]
BILLING CODE 3510-DS-P
