Paper Clips From the People's Republic of China: Final Results of Expedited Sunset Review of Antidumping Duty Order, 26242-26243 [2011-11126]

Download as PDF 26242 Federal Register / Vol. 76, No. 88 / Friday, May 6, 2011 / Notices Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–0747. SUPPLEMENTARY INFORMATION: International Trade Administration [A–570–826] Background At the request of interested parties, the Department of Commerce (the Department) initiated an administrative review of the antidumping duty order on polyethylene retail carrier bags from Thailand for the period August 1, 2009, through July 31, 2010. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 75 FR 60076 (September 29, 2010). The preliminary results of this administrative review are currently due no later than May 3, 2011. Extension of Time Limit for Preliminary Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), requires the Department to complete the preliminary results within 245 days after the last day of the anniversary month of an order for which a review is requested and the final results within 120 days after the date on which the preliminary results are published in the Federal Register. If it is not practicable to complete the review within these time periods, section 751(a)(3)(A) of the Act allows the Department to extend the time limit for the preliminary results to a maximum of 365 days after the last day of the anniversary month. We determine that it is not practicable to complete the preliminary results of this review by the current deadline of May 3, 2011, because we require additional time to analyze complex cost issues raised by the petitioner in this administrative review. Therefore, in accordance with section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2), we are extending the time period for issuing the preliminary results of this review by 15 days to May 18, 2011. This notice is published in accordance with sections 751(a)(3)(A) and 777(i)(1) of the Act. emcdonald on DSK2BSOYB1PROD with NOTICES DEPARTMENT OF COMMERCE Dated: May 2, 2011. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2011–11124 Filed 5–5–11; 8:45 am] BILLING CODE 3510–DS–P Paper Clips From the People’s Republic of China: Final Results of Expedited Sunset Review of Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On January 3, 2011, the Department of Commerce (‘‘the Department’’) initiated the third sunset review of the antidumping duty order on paper clips from the People’s Republic of China (‘‘PRC’’) pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). Based on the notice of intent to participate and adequate substantive response filed by a domestic interested party, and the lack of response from any respondent interested party, the Department conducted an expedited (120-day) sunset review of the antidumping duty order on paper clips from the PRC, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of this sunset review, the Department finds that revocation of the antidumping duty order would be likely to lead to continuation or recurrence of dumping, at the levels indicated in the ‘‘Final Results of Review’’ section of this notice, infra. DATES: Effective Date: May 6, 2011. FOR FURTHER INFORMATION CONTACT: Krisha Hill or Charles Riggle, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–4037 or (202) 482– 0650, respectively. SUPPLEMENTARY INFORMATION: On November 25, 1994, the Department published the antidumping duty order on paper clips from the PRC.1 On January 3, 2011, the Department published the notice of initiation of the third sunset review of the antidumping duty order on paper clips from the PRC pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). See Initiation of Five-Year (‘‘Sunset’’) Review, 76 FR 89 (January 3, 2011). On January 10, 2011, the Department received a notice of intent to participate from ACCO Brands USA LLP (‘‘ACCO’’), a domestic interested party, within the AGENCY: 1 See Antidumping Duty Order: Certain Paper Clips From the People’s Republic of China, 59 FR 60606 (November 25, 1994). VerDate Mar<15>2010 17:26 May 05, 2011 Jkt 223001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 deadline specified in 19 CFR 351.218(d)(1)(i). ACCO claimed interested parties status under section 771(9)(C) of the Act, as a producer in the United States of a domestic like product. On February 2, 2011, the Department received a complete and adequate substantive response from ACCO within 30 days of publication of the initiation. The Department did not receive a response from any respondent interested parties to this proceeding. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an expedited (120-day) sunset review of the antidumping duty order on paper clips from the PRC. Scope of the Order The products covered by the order are certain paper clips, wholly of wire of base metal, whether or not galvanized, whether or not plated with nickel or other base metal (e.g., copper), with a wire diameter between 0.025 inches and 0.075 inches (0.64 to 1.91 millimeters), regardless of physical configuration, except as specifically excluded. The products subject to the order may have a rectangular or ring-like shape and include, but are not limited to, clips commercially referred to as No. 1 clips, No. 3 clips, Jumbo or Giant clips, Gem clips, Frictioned clips, Perfect Gems, Marcel Gems, Universal clips, Nifty clips, Peerless clips, Ring clips, and Glide-On clips. The products subject to the order are currently classifiable under subheading 8305.90.3010 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Specifically excluded from the scope of the order are plastic and vinyl covered paper clips, butterfly clips, binder clips, or other paper fasteners that are not made wholly of wire of base metal and are covered under a separate subheading of the HTSUS. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. Analysis of Comments Received A complete discussion of all issues raised in this sunset review is provided in the accompanying Issues and Decision Memorandum (‘‘I&D Memo’’), dated concurrently with this notice. The issues discussed in the I&D Memo include the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail if the order is revoked. Parties can obtain a public copy of the I&D Memo from the Central Records Unit, room 7046, of the main Commerce building. In addition, a complete public E:\FR\FM\06MYN1.SGM 06MYN1 Federal Register / Vol. 76, No. 88 / Friday, May 6, 2011 / Notices version of the I&D Memo can be accessed directly on the Web at http:// ia.ita.doc.gov/frn. The paper copy and electronic version of the I&D Memo are identical in content. Final Results of Review The Department determines that revocation of the antidumping duty order on paper clips from the PRC would be likely to lead to continuation or recurrence of dumping at the following weighted-average margins: Weightedaverage margin (percent) Manufacturers/exporters/producers Shanghai Lansheng Corporation ..................................................................................................................................................... Zhejiang Light Industrial Products Import & Export Corporation .................................................................................................... Zhejiang Machinery and Equipment Import & Export Corporation ................................................................................................. PRC-wide Rate ................................................................................................................................................................................ Notification Regarding Administrative Protective Order This notice also serves as the only reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or 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 the results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act. Dated: April 26, 2011. Paul Piquado, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–11126 Filed 5–5–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–821–807] Initiation of Anticircumvention Inquiry on Antidumping Duty Order on Ferrovanadium and Nitrided Vanadium From the Russian Federation Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to a request from AMG Vanadium, Inc. (AMG Vanadium), the Department of Commerce (the Department) is initiating an anticircumvention inquiry to determine whether imports of vanadium pentoxide from the Russian Federation (Russia) that is converted into ferrovanadium in the United States are circumventing the antidumping duty order on ferrovanadium and nitrided vanadium (ferrovanadium) from Russia. See Notice emcdonald on DSK2BSOYB1PROD with NOTICES AGENCY: VerDate Mar<15>2010 17:26 May 05, 2011 Jkt 223001 of Antidumping Order: Ferrovanadium and Nitrided Vanadium From the Russian Federation, 60 FR 35550 (July 10, 1995). DATES: Effective Date: May 6, 2011. FOR FURTHER INFORMATION CONTACT: David Goldberger or Rebecca Trainor, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–4136 or (202) 482– 4007, respectively. SUPPLEMENTARY INFORMATION: Background On February 25, 2011, AMG Vanadium submitted a request that the Department initiate an anticircumvention inquiry (AMG Request), pursuant to section 781(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.225(c) and (g), to determine whether imports of vanadium pentoxide from Russia that is processed into ferrovanadium in the United States are circumventing the antidumping duty order on ferrovanadium from Russia. Specifically, AMG Vanadium alleges that the Evraz Group 1 is importing vanadium pentoxide, an intermediate product used in the production of ferrovanadium, from its Russian affiliate OAO Vanady-Tula. The imported vanadium pentoxide is then tollconverted into ferrovanadium in the United States by an unaffiliated processor (which never takes title), prior to sale in the United States. AMG Vanadium alleges that this trade pattern is circumventing the antidumping duty order within the meaning of section 781(a) of the Act. AMG Vanadium further claims that: (1) The ferrovanadium sold in the United States is of the same class or kind of merchandise as the ferrovanadium that is subject to the order; (2) the ferrovanadium is 1 The Evraz Group includes OAO Vanady-Tula, East Metals S.A., and East Metals N.A. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 26243 57.64 46.01 60.70 126.94 completed or assembled in the United States from parts or components produced in Russia; (3) the process of converting vanadium pentoxide to ferrovanadium in the United States is minor or insignificant; and (4) the value of the Russian vanadium pentoxide constitutes a significant portion of the value of the finished ferrovanadium sold in the United States. Accordingly, AMG Vanadium requests that the Department include within the scope of the ferrovanadium order vanadium pentoxide manufactured in Russia, regardless of form, that is produced, exported, or imported by the Evraz Group or any of its affiliates. In response to the Department’s March 9, 2011, request, on March 16, 2011, AMG Vanadium provided additional information pertinent to its anticircumvention inquiry request (March 16 Submission). On March 25, 2011, the Evraz Group filed comments opposing AMG Vanadium’s circumvention allegation on the grounds that the Department is legally precluded from including vanadium pentoxide in the scope of the order. The Evraz Group included in its submission calculations performed using a cost-based methodology, as an alternative to the value-based methodology used by AMG Vanadium, arguing that AMG Vandium’s approach leads to misleading results. Between April 1 and 22, 2011, AMG Vanadium and the Evraz Group submitted additional comments with respect to whether the Department should initiate this anticircumvention inquiry. The Department met with representatives of AMG Vanadium and the Evraz Group on March 3, and April 5, 2011, respectively, to discuss the request. Scope of the Order The products covered by the antidumping duty order are ferrovanadium and nitrided vanadium, regardless of grade, chemistry, form or size, unless expressly excluded from the scope of this order. Ferrovanadium E:\FR\FM\06MYN1.SGM 06MYN1

Agencies

[Federal Register Volume 76, Number 88 (Friday, May 6, 2011)]
[Notices]
[Pages 26242-26243]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11126]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-826]


Paper Clips From the People's Republic of China: Final Results of 
Expedited Sunset Review of Antidumping Duty Order

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

SUMMARY: On January 3, 2011, the Department of Commerce (``the 
Department'') initiated the third sunset review of the antidumping duty 
order on paper clips from the People's Republic of China (``PRC'') 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the 
Act''). Based on the notice of intent to participate and adequate 
substantive response filed by a domestic interested party, and the lack 
of response from any respondent interested party, the Department 
conducted an expedited (120-day) sunset review of the antidumping duty 
order on paper clips from the PRC, pursuant to section 751(c)(3)(B) of 
the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of this sunset 
review, the Department finds that revocation of the antidumping duty 
order would be likely to lead to continuation or recurrence of dumping, 
at the levels indicated in the ``Final Results of Review'' section of 
this notice, infra.

DATES: Effective Date: May 6, 2011.

FOR FURTHER INFORMATION CONTACT: Krisha Hill or Charles Riggle, AD/CVD 
Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
4037 or (202) 482-0650, respectively.

SUPPLEMENTARY INFORMATION: On November 25, 1994, the Department 
published the antidumping duty order on paper clips from the PRC.\1\ On 
January 3, 2011, the Department published the notice of initiation of 
the third sunset review of the antidumping duty order on paper clips 
from the PRC pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (``the Act''). See Initiation of Five-Year (``Sunset'') Review, 
76 FR 89 (January 3, 2011). On January 10, 2011, the Department 
received a notice of intent to participate from ACCO Brands USA LLP 
(``ACCO''), a domestic interested party, within the deadline specified 
in 19 CFR 351.218(d)(1)(i). ACCO claimed interested parties status 
under section 771(9)(C) of the Act, as a producer in the United States 
of a domestic like product. On February 2, 2011, the Department 
received a complete and adequate substantive response from ACCO within 
30 days of publication of the initiation. The Department did not 
receive a response from any respondent interested parties to this 
proceeding. As a result, pursuant to section 751(c)(3)(B) of the Act 
and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an 
expedited (120-day) sunset review of the antidumping duty order on 
paper clips from the PRC.
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Order: Certain Paper Clips From the 
People's Republic of China, 59 FR 60606 (November 25, 1994).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the order are certain paper clips, wholly 
of wire of base metal, whether or not galvanized, whether or not plated 
with nickel or other base metal (e.g., copper), with a wire diameter 
between 0.025 inches and 0.075 inches (0.64 to 1.91 millimeters), 
regardless of physical configuration, except as specifically excluded. 
The products subject to the order may have a rectangular or ring-like 
shape and include, but are not limited to, clips commercially referred 
to as No. 1 clips, No. 3 clips, Jumbo or Giant clips, Gem clips, 
Frictioned clips, Perfect Gems, Marcel Gems, Universal clips, Nifty 
clips, Peerless clips, Ring clips, and Glide-On clips. The products 
subject to the order are currently classifiable under subheading 
8305.90.3010 of the Harmonized Tariff Schedule of the United States 
(``HTSUS'').
    Specifically excluded from the scope of the order are plastic and 
vinyl covered paper clips, butterfly clips, binder clips, or other 
paper fasteners that are not made wholly of wire of base metal and are 
covered under a separate subheading of the HTSUS.
    Although the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the scope of the order is 
dispositive.

Analysis of Comments Received

    A complete discussion of all issues raised in this sunset review is 
provided in the accompanying Issues and Decision Memorandum (``I&D 
Memo''), dated concurrently with this notice. The issues discussed in 
the I&D Memo include the likelihood of continuation or recurrence of 
dumping and the magnitude of the margins likely to prevail if the order 
is revoked. Parties can obtain a public copy of the I&D Memo from the 
Central Records Unit, room 7046, of the main Commerce building. In 
addition, a complete public

[[Page 26243]]

version of the I&D Memo can be accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the I&D 
Memo are identical in content.

Final Results of Review

    The Department determines that revocation of the antidumping duty 
order on paper clips from the PRC would be likely to lead to 
continuation or recurrence of dumping at the following weighted-average 
margins:

------------------------------------------------------------------------
                                                            Weighted-
           Manufacturers/exporters/producers             average margin
                                                            (percent)
------------------------------------------------------------------------
Shanghai Lansheng Corporation.........................             57.64
Zhejiang Light Industrial Products Import & Export                 46.01
 Corporation..........................................
Zhejiang Machinery and Equipment Import & Export                   60.70
 Corporation..........................................
PRC-wide Rate.........................................            126.94
------------------------------------------------------------------------

Notification Regarding Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or 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 the results and notice in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act.

    Dated: April 26, 2011.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-11126 Filed 5-5-11; 8:45 am]
BILLING CODE 3510-DS-P