Initiation of Antidumping and Countervailing Duty Administrative Reviews, 23545-23548 [2011-10185]
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Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / Notices
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b), the
Department shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries. The Department
intends to issue assessment instructions
to CBP 15 days after the date of
publication of these amended final
results of review. For assessment
purposes, where possible, we calculated
importer-specific assessment rates for
subject ironing tables from the PRC via
ad valorem duty assessment rates based
on the ratio of the total amount of the
dumping margins calculated for the
examined sales to the total entered
value of those same sales. We will
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for any
entries made on or after March 21, 2011,
the date of publication of the Final
Results, for all shipments of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the publication date, as provided
for by section 751(a)(2)(C) of the Act: (1)
For Foshan Shunde the cash deposit
rate will be the amended 23.61 percent
shown above; (2) for Since Hardware,
the cash deposit rate will continue to be
70. 05 percent; (3) for previouslyinvestigated or reviewed PRC and nonPRC exporters not listed above that have
separate rates, the cash deposit rate will
continue to be the exporter-specific rate
published for the most recent period; (4)
for all PRC exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be the PRC-wide rate
of 157.68 percent; and (5) for all nonPRC exporters of subject merchandise
which have not received their own rate,
the cash deposit rate will be the rate
applicable to the PRC exporters that
supplied that non-PRC exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
Notification of Interested Parties
This notice also 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
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reimbursement of the antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
This notice also serves as a reminder
to parties subject to administrative
protective orders (APOs) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return/destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation that
is subject to sanction.
We are issuing and publishing these
amended final results of review and
notice in accordance with sections
751(h) and 777(i) of the Act.
Dated: April 20, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2011–10227 Filed 4–26–11; 8:45 am]
BILLING CODE 3510–DS–P
23545
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 time.
Notice of No Sales
If a producer or exporter named in
this notice of initiation had no exports,
sales, or entries during the period of
review (‘‘POR’’), it must notify the
Department within 60 days of
publication of this notice in the Federal
Register. 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 (‘‘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)(3)(ii), a copy of each request
must be served on every party on the
Department’s service list.
Respondent Selection
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 March
anniversary dates. In accordance with
the Department’s regulations, we are
initiating those administrative reviews.
DATES: Effective Date: April 27, 2011.
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 March
anniversary dates.
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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.
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23546
Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / 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
notice. In responding to the
certification, please follow the
‘‘Instructions for Filing the Certification’’
in the Separate Rate Certification.
Separate Rate Certifications are due to
the Department no later than 60
calendar 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 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 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 March 31, 2012.
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
Period to be
reviewed
Antidumping Duty Proceedings
Brazil: Certain Orange Juice, A–351–840 .....................................................................................................................................
Fischer S.A Comercio, Industria, and Agricultura
Sucocitrico Cutrale Ltda.3
Coinbra-Frutesp S.A.
Montecitrus Trading S.A.
Louis Dreyfus Commodities Agroindustrial S.A.4
Germany: Brass Sheet and Strip, A–428–602 ..............................................................................................................................
Wieland-Werke AG.
Thailand: Circular Welded Carbon Steel Pipes and Tubes, A–549–502 ......................................................................................
Saha Thai Steel Pipe (Public) Company, Ltd.
Pacific Pipe Public Company Limited.
The People’s Republic Of China: Certain Tissue Paper Products 5, A–570–894 ........................................................................
Max Fortune Industrial Limited.
Max Fortune (FZ) Paper Products Co., Ltd. (f/k/a Max Fortune (FETDE) Paper Products Co., Ltd.)
Max Fortune (Vietnam) Paper Products Company Limited
Fuzhou Tian Jun Trading Co., Ltd. (a/k/a Fuzhou Tianjun Foreign Trade Co., Ltd.)
The People’s Republic of China: Glycine 6, A–570–836 ...............................................................................................................
A&A Pharmachem Inc.
Advance Exports.
AICO Laboratories Ltd.
Avid Organics.
Baoding Mantong Fine Chemistry Co., Ltd.
Beijing Onlystar Technology Co. Ltd.
China Jiangsu International.
Chiyuen International Trading Ltd.
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 proceeding
(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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3/1/10–2/28/11
3/1/10–2/28/11
3/1/10–2/28/11
3/1/10–2/28/11
3/1/10–2/28/11
a Separate Rate Application. Information regarding
new trade names may be submitted via a Separate
Rate Certification.
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Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / Notices
23547
Period to be
reviewed
E-Heng Import & Export Co., Ltd.
General Ingredient Inc.
Hebei Donghua Chemical General Corporation.
Hebei Donghua Jiheng Fine Chemical.
H.K. Tangfin Chemicals Co., Ltd.
Jizhou City Huayang Chemical Co., Ltd.
Kissner Milling Co. Ltd.
Long Dragon Company Ltd.
Nantong Dongchang Chemical Industry Corp.
Nutracare International.
Paras Intermediates Pvt. Ltd.
Qingdao Samin Chemical Co., Ltd.
Ravi Industries.
Salvi Chemical Industries.
Shaanxi Maxsun Trading Co., Ltd.
Shijiazhuang Green Carbon Products Co., Ltd.
Showa Denko K.K.
Sinochem Qingdao Company, Ltd.
Sino-Siam Resources Imp. & Exp. Co., Ltd.
Tianjin Tiancheng Pharmaceutical Company.
Universal Minerals.
Yuki Gosei Kogyo Co., Ltd.
The People’s Republic of China: Sodium Hexametaphosphate 7, A–570–908 ............................................................................
Hubei Xingfa Chemical Group Co., Ltd.
Countervailing Duty Proceedings
Turkey: Welded Carbon Steel Pipe and Tube, C–489–502 .........................................................................................................
Borusan Group.
Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
Borusan Istikbal Ticaret T.A.S.
ERBOSAN Erciyas Boru Sanayi ve Ticaret A.S.
Tosyali dis Ticaret A.S.
Toscelik Profil ve Sac Endustrisi A.S.
3/1/10–02/28/11
1/1/10–12/31/10
Suspension Agreements
None.
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
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
3 The petitioners also requested a review of
Sucocitrico Cutrale S.A., which we have
determined in prior segments of this proceeding is
the same company as Sucocitrico Cutrale Ltda.
4 Louis Dreyfus Commodities Agroindustrial S.A.
claimed in its request for review that it is the
successor-in-interest to Coinbra-Frutesp S.A. and
we are currently evaluating this claim.
5 If one of the above-named companies does not
qualify for a separate rate, all other exporters of
Certain Tissue 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.
6 If one of the above-named companies does not
qualify for a separate rate, all other exporters of
Glycine 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.
7 If the above-named company does not qualify
for a separate rate, all other exporters of Sodium
Hexametaphosphate 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.
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suspended investigation (after sunset
review), the Secretary, if requested by a
domestic interested party within 30
days of the date of publication of the
notice of initiation of the review, will
determine, consistent with FAG Italia v.
United States, 291 F.3d 806 (Fed. Cir.
2002), as appropriate, whether
antidumping duties have been absorbed
by an exporter or producer subject to the
review if the subject merchandise is
sold in the United States through an
importer that is affiliated with such
exporter or producer. The request must
include the name(s) of the exporter or
producer for which the inquiry is
requested.
For the first administrative review of
any order, there will be no assessment
of antidumping or countervailing duties
on entries of subject merchandise
entered, or withdrawn from warehouse,
for consumption during the relevant
provisional-measures ‘‘gap’’ period, of
the order, if such a gap period is
applicable to the POR.
Interested parties must submit
applications for disclosure under
administrative protective orders in
accordance with 19 CFR 351.305. On
January 22, 2008, the Department
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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 at 19
CFR 351.103(d)).
Any party submitting factual
information in an AD/CVD proceeding
must certify to the accuracy and
completeness of that information. See
section 782(b) of the Act. Parties are
hereby reminded that revised
certification requirements are in effect
for company/government officials as
well as their representatives in all
segments of any AD/CVD proceedings
initiated on or after March 14, 2011. See
Certification of Factual Information to
Import Administration During
Antidumping and Countervailing Duty
Proceedings: Interim Final Rule, 76 FR
7491 (February 10, 2011) (Interim Final
Rule), amending 19 CFR 351.303(g)(1)
and (2). The formats for the revised
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Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / Notices
certifications are provided at the end of
the Interim Final Rule. The Department
intends to reject factual submissions in
any proceeding segments initiated on or
after March 14, 2011 if the submitting
party does not comply with the revised
certification requirements.
These initiations and this notice are
in accordance with section 751(a) of the
Act (19 U.S.C. 1765(a)), and 19 CFR
351.221(c)(1)(i).
April 19, 2011.
Gary Taverman,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2011–10185 Filed 4–26–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–975, A–201–840]
Galvanized Steel Wire From the
People’s Republic of China and
Mexico: Initiation of Antidumping Duty
Investigations
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: April 27, 2011.
FOR FURTHER INFORMATION CONTACT:
Catherine Bertrand at (202) 482–3207
(the People’s Republic of China (the
‘‘PRC’’)), AD/CVD Operations, Office 9;
or Angelica Mendoza at (202) 482–3019
(Mexico), AD/CVD Operations, Office 7,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW., Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
The Petitions
On March 31, 2011, the Department of
Commerce (the ‘‘Department’’) received
petitions concerning imports of
galvanized steel wire from the PRC and
Mexico filed in proper form on behalf of
Davis Wire Corporation (‘‘Davis Wire’’),
Johnstown Wire Technologies, Inc.,
Mid-South Wire Company, Inc.,
National Standard, LLC, and Oklahoma
Steel & Wire Company, Inc.,
(collectively, ‘‘Petitioners’’). See
Petitions for the Imposition of
Antidumping Duties on Galvanized
Steel Wire from Mexico and
Antidumping and Countervailing Duties
on Galvanized Steel Wire from the
People’s Republic of China filed on
March 31, 2011 (the ‘‘Petitions’’). On
April 6, 2011, the Department issued a
request for additional information and
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clarification of certain areas of the
Petitions. Petitioners filed a response to
this request on April 11, 2011
(hereinafter, ‘‘Supplement to the PRC
Petition,’’ ‘‘Supplement to the Mexico
Petition,’’ and ‘‘Supplement to the AD/
CVD Petitions,’’ respectively). Based on
a conversation with Department
officials, Petitioners filed a further
response on April 14, 2011 (hereinafter,
‘‘Second Supplement to the AD/CVD
Petitions’’). In addition they provided
the Department with an additional
required certification on April 15, 2011.
See Certification Letter filed April 15,
2011.
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
‘‘Act’’), Petitioners allege that imports of
galvanized steel wire from the PRC and
Mexico are being, or are likely to be,
sold in the United States at less than fair
value, within the meaning of section
731 of the Act, and that such imports
are materially injuring, or threatening
material injury to, an industry in the
United States.
The Department finds that Petitioners
filed the Petitions on behalf of the
domestic industry because Petitioners
are interested parties as defined in
section 771(9)(C) of the Act and have
demonstrated sufficient industry
support with respect to the antidumping
duty investigations that Petitioners are
requesting that the Department initiate
(see ‘‘Determination of Industry Support
for the Petitions’’ section below).
Period of Investigation
The period of investigation (‘‘POI’’) for
the investigation involving the PRC is
July 1, 2010, through December 31,
2010. The POI for the investigation
involving Mexico is January 1, 2010,
through December 31, 2010. See 19 CFR
351.204(b)(1).
Scope of Investigations
The product covered by these
investigations is galvanized steel wire
from the PRC and Mexico. For a full
description of the scope of the
investigations, please see the ‘‘Scope of
the Investigations,’’ in Appendix I of this
notice.
Comments on Scope of Investigations
During our review of the Petitions, we
discussed the scope with Petitioners to
ensure that it is an accurate reflection of
the products for which the domestic
industry is seeking relief. Moreover, as
discussed in the preamble to the
Department’s regulations (Antidumping
Duties; Countervailing Duties; Final
Rule, 62 FR 27296, 27323 (May 19,
1997)), we are setting aside a period for
interested parties to raise issues
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regarding product coverage. The
Department encourages all interested
parties to submit such comments by
May 10, 2011, twenty calendar days
from the signature date of this notice.
All comments must be filed on the
records of the PRC and Mexico
antidumping duty investigations as well
as the PRC countervailing duty
investigation. Comments should be
addressed to Import Administration’s
APO/Dockets Unit, Room 1870, U.S.
Department of Commerce, 14th Street
and Constitution Avenue, NW.,
Washington, DC 20230. The period of
scope consultations is intended to
provide the Department with ample
opportunity to consider all comments
and to consult with parties prior to the
issuance of the preliminary
determinations.
Comments on Product Characteristics
for Antidumping Duty Questionnaires
We are requesting comments from
interested parties regarding the
appropriate physical characteristics of
galvanized steel wire to be reported in
response to the Department’s
antidumping questionnaires. This
information will be used to identify the
key physical characteristics of the
subject merchandise in order to more
accurately report the relevant factors
and costs of production, as well as to
develop appropriate product
comparison criteria.
Interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate listing of physical
characteristics. Specifically, they may
provide comments as to which
characteristics are appropriate to use as
1) general product characteristics and 2)
the product comparison criteria. We
note that it is not always appropriate to
use all product characteristics as
product comparison criteria. We base
product comparison criteria on
meaningful commercial differences
among products. In other words, while
there may be some physical product
characteristics utilized by
manufacturers to describe galvanized
steel wire, it may be that only a select
few product characteristics take into
account commercially meaningful
physical characteristics. In addition,
interested parties may comment on the
order in which the physical
characteristics should be used in
product matching. Generally, the
Department attempts to list the most
important physical characteristics first
and the least important characteristics
last.
In order to consider the suggestions of
interested parties in developing and
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]]>Agencies
[Federal Register Volume 76, Number 81 (Wednesday, April 27, 2011)]
[Notices]
[Pages 23545-23548]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10185]
-----------------------------------------------------------------------
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 March anniversary dates.
In accordance with the Department's regulations, we are initiating
those administrative reviews.
DATES: Effective Date: April 27, 2011.
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 March 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
time.
Notice of No Sales
If a producer or exporter named in this notice of initiation had no
exports, sales, or entries during the period of review (``POR''), it
must notify the Department within 60 days of publication of this notice
in the Federal Register. 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 (``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)(3)(ii), 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 23546]]
To establish whether a firm is sufficiently independent from
government control of its export activities to be entitled to a
separate rate, the Department analyzes each entity exporting the
subject merchandise under a test arising from the Final Determination
of Sales at Less Than Fair Value: Sparklers from the People's Republic
of China, 56 FR 20588 (May 6, 1991), as amplified by Final
Determination of Sales at Less Than Fair Value: Silicon Carbide from
the People's Republic of China, 59 FR 22585 (May 2,1994). In accordance
with the separate-rates criteria, the Department assigns separate rates
to companies in NME cases only if respondents can demonstrate the
absence of both de jure and de facto government control over export
activities.
All firms listed below that wish to qualify for separate-rate
status in the administrative reviews involving NME countries must
complete, as appropriate, either a separate-rate application or
certification, as described below. For these administrative reviews, in
order to demonstrate separate-rate eligibility, the Department requires
entities for whom a review was requested, that were assigned a separate
rate in the most recent segment of this proceeding in which they
participated, to certify that they continue to meet the criteria for
obtaining a separate rate. The Separate Rate Certification form will be
available on the Department's Web site at https://www.trade.gov/ia on
the date of publication of this Federal Register notice. In responding
to the certification, please follow the ``Instructions for Filing the
Certification'' in the Separate Rate Certification. Separate Rate
Certifications are due to the Department no later than 60 calendar days
after publication of this Federal Register notice. The deadline and
requirement for submitting a Certification applies equally to NME-owned
firms, wholly foreign-owned firms, and foreign sellers who purchase and
export subject merchandise to the United States.
Entities that currently do not have a separate rate from a
completed segment of the proceeding \1\ should timely file a Separate
Rate Application to demonstrate eligibility for a separate rate in this
proceeding. In addition, companies that received a separate rate in a
completed segment of the proceeding that have subsequently made
changes, including, but not limited to, changes to corporate structure,
acquisitions of new companies or facilities, or changes to their
official company name \2\, should timely file a Separate Rate
Application to demonstrate eligibility for a separate rate in this
proceeding. The Separate Rate 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 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 proceeding (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 Certification.
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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 March 31, 2012.
------------------------------------------------------------------------
Period to be
reviewed
------------------------------------------------------------------------
Antidumping Duty Proceedings
Brazil: Certain Orange Juice, A-351-840.............. 3/1/10-2/28/11
Fischer S.A Comercio, Industria, and Agricultura
Sucocitrico Cutrale Ltda.\3\
Coinbra-Frutesp S.A.
Montecitrus Trading S.A.
Louis Dreyfus Commodities Agroindustrial S.A.\4\
Germany: Brass Sheet and Strip, A-428-602............ 3/1/10-2/28/11
Wieland-Werke AG.
Thailand: Circular Welded Carbon Steel Pipes and 3/1/10-2/28/11
Tubes, A-549-502....................................
Saha Thai Steel Pipe (Public) Company, Ltd.
Pacific Pipe Public Company Limited.
The People's Republic Of China: Certain Tissue Paper 3/1/10-2/28/11
Products \5\, A-570-894.............................
Max Fortune Industrial Limited.
Max Fortune (FZ) Paper Products Co., Ltd. (f/k/a
Max Fortune (FETDE) Paper Products Co., Ltd.)
Max Fortune (Vietnam) Paper Products Company
Limited
Fuzhou Tian Jun Trading Co., Ltd. (a/k/a Fuzhou
Tianjun Foreign Trade Co., Ltd.)
The People's Republic of China: Glycine \6\, A-570- 3/1/10-2/28/11
836.................................................
A&A Pharmachem Inc.
Advance Exports.
AICO Laboratories Ltd.
Avid Organics.
Baoding Mantong Fine Chemistry Co., Ltd.
Beijing Onlystar Technology Co. Ltd.
China Jiangsu International.
Chiyuen International Trading Ltd.
[[Page 23547]]
E-Heng Import & Export Co., Ltd.
General Ingredient Inc.
Hebei Donghua Chemical General Corporation.
Hebei Donghua Jiheng Fine Chemical.
H.K. Tangfin Chemicals Co., Ltd.
Jizhou City Huayang Chemical Co., Ltd.
Kissner Milling Co. Ltd.
Long Dragon Company Ltd.
Nantong Dongchang Chemical Industry Corp.
Nutracare International.
Paras Intermediates Pvt. Ltd.
Qingdao Samin Chemical Co., Ltd.
Ravi Industries.
Salvi Chemical Industries.
Shaanxi Maxsun Trading Co., Ltd.
Shijiazhuang Green Carbon Products Co., Ltd.
Showa Denko K.K.
Sinochem Qingdao Company, Ltd.
Sino-Siam Resources Imp. & Exp. Co., Ltd.
Tianjin Tiancheng Pharmaceutical Company.
Universal Minerals.
Yuki Gosei Kogyo Co., Ltd.
The People's Republic of China: Sodium 3/1/10-02/28/11
Hexametaphosphate \7\, A-570-908....................
Hubei Xingfa Chemical Group Co., Ltd.
Countervailing Duty Proceedings
Turkey: Welded Carbon Steel Pipe and Tube, C-489-502. 1/1/10-12/31/10
Borusan Group.
Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
Borusan Istikbal Ticaret T.A.S.
ERBOSAN Erciyas Boru Sanayi ve Ticaret A.S.
Tosyali dis Ticaret A.S.
Toscelik Profil ve Sac Endustrisi A.S.
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.
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\3\ The petitioners also requested a review of Sucocitrico
Cutrale S.A., which we have determined in prior segments of this
proceeding is the same company as Sucocitrico Cutrale Ltda.
\4\ Louis Dreyfus Commodities Agroindustrial S.A. claimed in its
request for review that it is the successor-in-interest to Coinbra-
Frutesp S.A. and we are currently evaluating this claim.
\5\ If one of the above-named companies does not qualify for a
separate rate, all other exporters of Certain Tissue 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.
\6\ If one of the above-named companies does not qualify for a
separate rate, all other exporters of Glycine 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.
\7\ If the above-named company does not qualify for a separate
rate, all other exporters of Sodium Hexametaphosphate 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.
---------------------------------------------------------------------------
For the first administrative review of any order, there will be no
assessment of antidumping or countervailing duties on entries of
subject merchandise entered, or withdrawn from warehouse, for
consumption during the relevant provisional-measures ``gap'' period, of
the order, if such a gap period is applicable to the POR.
Interested parties must submit applications for disclosure under
administrative protective orders in accordance with 19 CFR 351.305. On
January 22, 2008, the Department published Antidumping and
Countervailing Duty Proceedings: Documents Submission Procedures; APO
Procedures, 73 FR 3634 (January 22, 2008). Those procedures apply to
administrative reviews included in this notice of initiation. Parties
wishing to participate in any of these administrative reviews should
ensure that they meet the requirements of these procedures (e.g., the
filing of separate letters of appearance as discussed at 19 CFR
351.103(d)).
Any party submitting factual information in an AD/CVD proceeding
must certify to the accuracy and completeness of that information. See
section 782(b) of the Act. Parties are hereby reminded that revised
certification requirements are in effect for company/government
officials as well as their representatives in all segments of any AD/
CVD proceedings initiated on or after March 14, 2011. See Certification
of Factual Information to Import Administration During Antidumping and
Countervailing Duty Proceedings: Interim Final Rule, 76 FR 7491
(February 10, 2011) (Interim Final Rule), amending 19 CFR 351.303(g)(1)
and (2). The formats for the revised
[[Page 23548]]
certifications are provided at the end of the Interim Final Rule. The
Department intends to reject factual submissions in any proceeding
segments initiated on or after March 14, 2011 if the submitting party
does not comply with the revised certification requirements.
These initiations and this notice are in accordance with section
751(a) of the Act (19 U.S.C. 1765(a)), and 19 CFR 351.221(c)(1)(i).
April 19, 2011.
Gary Taverman,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2011-10185 Filed 4-26-11; 8:45 am]
BILLING CODE 3510-DS-P
