Initiation of Antidumping and Countervailing Duty Administrative Reviews, Requests for Revocations in Part and Deferral of Administrative Reviews, 45227-45230 [2011-19136]
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Federal Register / Vol. 76, No. 145 / Thursday, July 28, 2011 / Notices
DEPARTMENT OF AGRICULTURE
Forest Service
Allegheny Resource Advisory
Committee
Forest Service, USDA.
Notice of meeting.
AGENCY:
ACTION:
The Allegheny Resource
Advisory Committee will meet in
Clarendon, Pennsylvania. The
committee is authorized under the
Secure Rural Schools and Community
Self-Determination Act (Pub. L. 110–
343) (the Act) and operates in
compliance with the Federal Advisory
Committee Act. The purpose of the
committee is to improve collaborative
relationships and to provide advice and
recommendations to the Forest Service
concerning projects and funding
consistent with the title II of the Act.
The meeting is open to the public. The
purpose of the meeting is to review
projects proposals submitted for funding
consideration for completeness in
preparation for the upcoming decisionmaking process.
DATES: The meeting will be held August
10, 2011, at 9:30 a.m.
ADDRESSES: The meeting will be held at
the Mead Township Building located on
Mead Blvd., in Clarendon,
Pennsylvania. Written comments may
be submitted as described under
SUPPLEMENTARY INFORMATION.
All comments, including names and
addresses when provided, are placed in
the record and are available for public
inspection and copying. The public may
inspect comments received at 4 Farm
Colony Drive, Warren, Pennsylvania
16365. Please call ahead to Kathy
Mohney at (814) 728–6298 to facilitate
entry into the building to view
comments.
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Kathy Mohney, RAC Coordinator,
Allegheny National Forest Supervisor’s
Office, 4 Farm Colony Drive, Warren,
Pennsylvania 16365, phone (814) 728–
6298 or e-mail kmohney@fs.fed.us.
Individuals who use
telecommunication devices for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
between 8 a.m. and 8 p.m., Eastern
Standard Time, Monday through Friday.
Requests for reasonable accommodation
for access to the facility or proceedings
may be made by contacting the person
listed in FOR FURTHER INFORMATION.
SUPPLEMENTARY INFORMATION: The
following business will be conducted:
review and familiarize committee
members with the process for preparing
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and submitting proposals for funding
consideration.
Anyone who would like to bring
related matters to the attention of the
committee may file written statements
with the committee staff before or after
the meeting. The agenda will include
time for people to make oral statements
of three minutes or less. Individuals
wishing to make an oral statement
should request in writing by August 8,
2011, to be scheduled on the agenda.
Written comments and requests for time
for oral comments must be sent to 4
Farm Colony Drive, Warren,
Pennsylvania 16365, or by e-mail to
kmohney@fs.fed.us, or via facsimile to
(814) 726–1462.
Dated: July 22, 2011.
James A. Seyler,
Acting Forest Supervisor.
[FR Doc. 2011–19095 Filed 7–27–11; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews, Requests for Revocations in
Part and Deferral of 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 June anniversary dates. In
accordance with the Department’s
regulations, we are initiating those
administrative reviews. The Department
received requests to revoke two
antidumping duty orders in part and to
defer the initiation of an administrative
review for two antidumping duty
orders.
DATES: Effective Date: July 28, 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
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45227
duty orders and findings with June
anniversary dates. The Department also
received timely requests to revoke in
part the antidumping duty orders on
Polyethylene Terephthalate Film, Sheet,
and Strip from South Korea for one
exporter and on Folding Metal Tables
and Chairs from the People’s Republic
of China for one exporter. In addition,
the Department received requests to
defer for one year the initiation of the
June 1, 2010, through May 31, 2011,
administrative reviews of the
antidumping duty orders on Certain
Polyester Staple Fiber from the People’s
Republic of China with respect to two
exporters and on Folding Metal Tables
and Chairs from the People’s Republic
of China with respect to one exporter in
accordance with 19 CFR 351.213(c). The
Department received no objections to
these requests from any party cited in 19
CFR 351.213(c)(1)(ii).
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 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
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Federal Register / Vol. 76, No. 145 / Thursday, July 28, 2011 / Notices
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.
In the event the Department decides
it is necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act:
In general, the Department has found
that determinations concerning whether
particular companies should be
‘‘collapsed’’ (i.e., treated as a single
entity for purposes of calculating
antidumping duty rates) require a
substantial amount of detailed
information and analysis, which often
require follow-up questions and
analysis. Accordingly, the Department
will not conduct collapsing analyses at
the respondent selection phase of this
review and will not collapse companies
at the respondent selection phase unless
there has been a determination to
collapse certain companies in a
previous segment of this antidumping
proceeding (i.e., investigation,
administrative review, new shipper
review or changed circumstances
review). For any company subject to this
review, if the Department determined,
or continued to treat, that company as
collapsed with others, the Department
will assume that such companies
continue to operate in the same manner
and will collapse them for respondent
selection purposes. Otherwise, the
Department will not collapse companies
for purposes of respondent selection.
Parties are requested to (a) Identify
which companies subject to review
previously were collapsed, and (b)
provide a citation to the proceeding in
which they were collapsed. Further, if
companies are requested to complete
the Quantity and Value Questionnaire
for purposes of respondent selection, in
general each company must report
volume and value data separately for
itself. Parties should not include data
for any other party, even if they believe
they should be treated as a single entity
with that other party. If a company was
collapsed with another company or
companies in the most recently
completed segment of this proceeding
where the Department considered
collapsing that entity, complete quantity
and value data for that collapsed entity
must be submitted.
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
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control and, thus, should be assigned a
single antidumping duty deposit rate. It
is the Department’s policy to assign all
exporters of merchandise subject to an
administrative review in an NME
country this single rate unless an
exporter can demonstrate that it is
sufficiently independent so as to be
entitled to a separate rate.
To establish whether a firm is
sufficiently independent from
government control of its export
activities to be entitled to a separate
rate, the Department analyzes each
entity exporting the subject
merchandise under a test arising from
the Final Determination of Sales at Less
Than Fair Value: Sparklers from the
People’s Republic of China, 56 FR 20588
(May 6, 1991), as amplified by Final
Determination of Sales at Less Than
Fair Value: Silicon Carbide from the
People’s Republic of China, 59 FR 22585
(May 2, 1994). In accordance with the
separate-rate 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
1 Such entities include entities that have not
participated in the proceeding, entities that were
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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 June 30, 2012. Also in
accordance with 19 CFR 351.213(c), we
are deferring for one year the initiation
of June 1, 2010, through May 31, 2011,
administrative reviews of the
antidumping duty orders on Certain
Polyester Staple Fiber from the People’s
Republic of China with respect to two
exporters and on Folding Metal Tables
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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Federal Register / Vol. 76, No. 145 / Thursday, July 28, 2011 / Notices
45229
and Chairs from the People’s Republic
of China with respect to one exporter.
Period to be
reviewed
Antidumping Duty Proceedings
Japan: Certain Large Diameter Carbon and Alloy Seamless, Standard, Line, and Pressure Pipe, A–588–850 ........................
JFE Steel Corporation
Nippon Steel Corporation
NKK Tubes
Sumitomo Metal Industries, Ltd.
South Korea: Polyethylene Terephthalate Film, Sheet, and Strip, A–580–807 ............................................................................
Kolon Industries, Inc.
The People’s Republic of China: Certain Chlorinated Isocyanurates,3 A–570–898 .....................................................................
Hebei Jiheng Chemical Co., Ltd.
Juancheng Kangtai Chemical Co. Ltd.
Nanning Chemical Industry Co., Ltd.
Zhucheng Taisheng Chemical Co., Ltd.
The People’s Republic of China: Certain Polyester Staple Fiber,4 A–570–905 ...........................................................................
Far Eastern Industries, Ltd., (Shanghai) and Far Eastern Polychem Industries
Cixi Jiangnan Chemical Co., Ltd.
Cixi Sansheng Chemical Fiber Co., Ltd.
Zhejiang Waysun Chemical Fiber Co., Ltd., and its affiliate, Cixi Waysun Chemical Fiber Co., Ltd.
Hangzhou Sanxin Paper Co., Ltd.
Nantong Luolai Chemical Fiber Co., Ltd.
Nan Yang Textiles Co., Ltd.
Zhaoqing Tifo New Fiber Co., Ltd.
Huvis Sichuan Chemical Fiber Corp., and Huvis Sichuan Polyester Fiber Ltd.
The People’s Republic of China: Folding Metal Tables and Chairs,5 A–570–868 .......................................................................
Feili Furniture Development Limited Quanzhou City
Feili Group (Fujian) Co., Ltd.
The People’s Republic of China: Silicon Metal,6 A–570–806 .......................................................................................................
Shanghai Jinneng International Trade Co., Ltd.
The People’s Republic of China: Tapered Roller Bearings and Parts Thereof, Finished and Unfinished,7 A–570–601 ............
Zhejiang Sihe Machine Co., Ltd
Xinchang Kaiyuan Automotive Bearing Co., Ltd.
Changshan Peer Bearing Co., Ltd.
Tianshui Hailin Import and Export Corporation
Zhejiang ZhaoFeng Mechanical and Electronic Co., Ltd.
Haining Automann Parts Co., Ltd.
Xiang Yang Automobile Bearing Co., Ltd.
6/1/10–5/31/11
6/1/10–5/31/11
6/1/10–5/31/11
6/1/10–5/31/11
6/1/10–5/31/11
6/1/10–5/31/11
6/1/10–5/31/11
Countervailing Duty Proceeding
None.
Suspension Agreements
None.
Deferral of Initiation of Administrative Reviews
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The People’s Republic of China:
Certain Polyester Staple Fiber, A–570–905 ...........................................................................................................................
Cixi Santai Chemical Fiber Co., Ltd.
Ningbo Dafa Chemical Fiber Co., Ltd
The People’s Republic of China: Folding Metal Tables and Chairs, A–570–868 ........................................................................
New-Tec Integration (Xiamen) Co., Ltd.
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
3 If one of the above-named companies does not
qualify for a separate rate, all other exporters of
Chlorinated Isocyanurates 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.
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domestic interested party within 30
days of the date of publication of the
notice ofinitiation of the review, will
4 If one of the above-named companies does not
qualify for a separate rate, all other exporters of
Certain Polyester Staple Fiber from the PRC who
have not qualified for a separate rate are deemed to
be covered by this review as part of the single PRC
entity of which the named exporters are a part.
5 If one of the above-named companies does not
qualify for a separate rate, all other exporters of
Folding Metal Tables and Chairs 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.
6 If the above-named company does not qualify
for a separate rate, all other exporters of Silicon
Metal from the PRC who have not qualified for a
separate rate are deemed to be covered by this
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6/1/10–5/31/11
6/1/10–5/31/11
determine, consistent with FAG Italia
S.p.A. 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
review as part of the single PRC entity of which the
named exporters are a part.
7 If one of the above-named companies does not
qualify for a separate rate, all other exporters of
Tapered Roller Bearings and Part Thereof, Finished
and Unfinished 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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Federal Register / Vol. 76, No. 145 / Thursday, July 28, 2011 / Notices
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
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 antidumping duty or
countervailing duty 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 antidumping duty
or countervailing duty 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
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. 1675(a)), and 19 CFR
351.221(c)(1)(i).
Dated: July 22, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2011–19136 Filed 7–27–11; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–831]
Fresh Garlic From the People’s
Republic of China: Extension of Time
Limit for the Final Results of New
Shipper Reviews
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
DATES:
Effective Date: July 28, 2011.
FOR FURTHER INFORMATION CONTACT:
Jacqueline Arrowsmith, Milton Koch,
and Justin Neuman, AD/CVD
Operations, Office 6, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–5255, (202) 482–
2584, and (202) 482–0486, respectively.
particular, since the Preliminary Intent
to Rescind, the Department has solicited
and received additional information
regarding the bona fides of the new
shippers’ sales. The Department needs
additional time to analyze this new
information and to consider the parties’
arguments with regard to the bona fides
of the sales under review. Therefore, in
accordance with section 751(a)(2)(B)(iv)
of the Act and 19 CFR 351.214(i)(2), the
Department is extending the time limit
for the final results from 90 days to 111
days. Thus, the final results will now be
due no later than August 15, 2011.
We are issuing and publishing this
notice in accordance with sections
751(a)(2)(B)(iv) and 777(i)(I) of the Act.
Dated: July 22, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2011–19134 Filed 7–27–11; 8:45 am]
BILLING CODE 3510–DS–P
Background
On May 3, 2011, the Department of
Commerce (the Department) issued the
preliminary intent to rescind the new
shipper reviews of fresh garlic from the
People’s Republic of China for Jining
Yifa Garlic Produce Co., Ltd. and
Shenzhen Bainong Co., Ltd. for the
period of review (POR) November 1,
2009, through April 30, 2010, and
Yantai Jinyan Trading Inc. for the POR
November 1, 2009, through May 31,
2010.
See Fresh Garlic From the People’s
Republic of China: Preliminary Intent
To Rescind New Shipper Reviews, 76 FR
24857 (May 3, 2011) (Preliminary Intent
to Rescind).
Statutory Time Limits
Section 751(a)(2)(B)(iv) of the Tariff
Act of 1930, as amended (the Act), and
19 CFR 351.214(i)(1), provide that the
Department will issue the preliminary
results of a new shipper review of an
antidumping duty order within 180
days after the day on which the review
was initiated, and the final results of
review within 90 days after the date on
which the preliminary results were
issued. However, if the Department
concludes that a new shipper review is
extraordinarily complicated, the
Department may extend the 180-day
period to 300 days, and may extend the
90-day period to 150 days. See 19 CFR
351.214(i)(2).
Extension of Time Limit for Final
Results
The Department determines that these
new shipper reviews involve
extraordinarily complicated issues. In
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XA603
Endangered Species; File No. 15802
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application.
AGENCY:
Notice is hereby given that
Florida Fish and Wildlife Conservation
Commission, 100 Eighth Avenue, SE, St.
Petersburg, FL 33701 [Gregg Poulakis,
Responsible Party], has applied in due
form for a permit to take smalltooth
sawfish and listed sea turtle species for
purposes of scientific research.
DATES: Written, telefaxed, or e-mail
comments must be received on or before
August 29, 2011.
ADDRESSES: The application and related
documents are available for review by
selecting ‘‘Records Open for Public
Comment’’ from the Features box on the
Applications and Permits for Protected
Species (APPS) home page, https://
apps.nmfs.noaa.gov, and then selecting
File No. 15802 from the list of available
applications.
These documents are also available
upon written request or by appointment
in the following offices:
Permits, Conservation and Education
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone
(301) 427–8401; fax (301) 713–0376; and
SUMMARY:
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]]>Agencies
[Federal Register Volume 76, Number 145 (Thursday, July 28, 2011)]
[Notices]
[Pages 45227-45230]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19136]
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DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, Requests for Revocations in Part and Deferral of
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 June anniversary dates. In
accordance with the Department's regulations, we are initiating those
administrative reviews. The Department received requests to revoke two
antidumping duty orders in part and to defer the initiation of an
administrative review for two antidumping duty orders.
DATES: Effective Date: July 28, 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 June anniversary dates.
The Department also received timely requests to revoke in part the
antidumping duty orders on Polyethylene Terephthalate Film, Sheet, and
Strip from South Korea for one exporter and on Folding Metal Tables and
Chairs from the People's Republic of China for one exporter. In
addition, the Department received requests to defer for one year the
initiation of the June 1, 2010, through May 31, 2011, administrative
reviews of the antidumping duty orders on Certain Polyester Staple
Fiber from the People's Republic of China with respect to two exporters
and on Folding Metal Tables and Chairs from the People's Republic of
China with respect to one exporter in accordance with 19 CFR
351.213(c). The Department received no objections to these requests
from any party cited in 19 CFR 351.213(c)(1)(ii).
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 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
[[Page 45228]]
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.
In the event the Department decides it is necessary to limit
individual examination of respondents and conduct respondent selection
under section 777A(c)(2) of the Act:
In general, the Department has found that determinations concerning
whether particular companies should be ``collapsed'' (i.e., treated as
a single entity for purposes of calculating antidumping duty rates)
require a substantial amount of detailed information and analysis,
which often require follow-up questions and analysis. Accordingly, the
Department will not conduct collapsing analyses at the respondent
selection phase of this review and will not collapse companies at the
respondent selection phase unless there has been a determination to
collapse certain companies in a previous segment of this antidumping
proceeding (i.e., investigation, administrative review, new shipper
review or changed circumstances review). For any company subject to
this review, if the Department determined, or continued to treat, that
company as collapsed with others, the Department will assume that such
companies continue to operate in the same manner and will collapse them
for respondent selection purposes. Otherwise, the Department will not
collapse companies for purposes of respondent selection. Parties are
requested to (a) Identify which companies subject to review previously
were collapsed, and (b) provide a citation to the proceeding in which
they were collapsed. Further, if companies are requested to complete
the Quantity and Value Questionnaire for purposes of respondent
selection, in general each company must report volume and value data
separately for itself. Parties should not include data for any other
party, even if they believe they should be treated as a single entity
with that other party. If a company was collapsed with another company
or companies in the most recently completed segment of this proceeding
where the Department considered collapsing that entity, complete
quantity and value data for that collapsed entity must be submitted.
Separate Rates
In proceedings involving non-market economy (``NME'') countries,
the Department begins with a rebuttable presumption that all companies
within the country are subject to government control and, thus, should
be assigned a single antidumping duty deposit rate. It is the
Department's policy to assign all exporters of merchandise subject to
an administrative review in an NME country this single rate unless an
exporter can demonstrate that it is sufficiently independent so as to
be entitled to a separate rate.
To establish whether a firm is sufficiently independent from
government control of its export activities to be entitled to a
separate rate, the Department analyzes each entity exporting the
subject merchandise under a test arising from the Final Determination
of Sales at Less Than Fair Value: Sparklers from the People's Republic
of China, 56 FR 20588 (May 6, 1991), as amplified by Final
Determination of Sales at Less Than Fair Value: Silicon Carbide from
the People's Republic of China, 59 FR 22585 (May 2, 1994). In
accordance with the separate-rate 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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 June 30, 2012. Also in
accordance with 19 CFR 351.213(c), we are deferring for one year the
initiation of June 1, 2010, through May 31, 2011, administrative
reviews of the antidumping duty orders on Certain Polyester Staple
Fiber from the People's Republic of China with respect to two exporters
and on Folding Metal Tables
[[Page 45229]]
and Chairs from the People's Republic of China with respect to one
exporter.
------------------------------------------------------------------------
Period to be
reviewed
------------------------------------------------------------------------
Antidumping Duty Proceedings
Japan: Certain Large Diameter Carbon and Alloy 6/1/10-5/31/11
Seamless, Standard, Line, and Pressure Pipe, A-588-
850.................................................
JFE Steel Corporation
Nippon Steel Corporation
NKK Tubes
Sumitomo Metal Industries, Ltd.
South Korea: Polyethylene Terephthalate Film, Sheet, 6/1/10-5/31/11
and Strip, A-580-807................................
Kolon Industries, Inc.
The People's Republic of China: Certain Chlorinated 6/1/10-5/31/11
Isocyanurates,\3\ A-570-898.........................
Hebei Jiheng Chemical Co., Ltd.
Juancheng Kangtai Chemical Co. Ltd.
Nanning Chemical Industry Co., Ltd.
Zhucheng Taisheng Chemical Co., Ltd.
The People's Republic of China: Certain Polyester 6/1/10-5/31/11
Staple Fiber,\4\ A-570-905..........................
Far Eastern Industries, Ltd., (Shanghai) and Far
Eastern Polychem Industries
Cixi Jiangnan Chemical Co., Ltd.
Cixi Sansheng Chemical Fiber Co., Ltd.
Zhejiang Waysun Chemical Fiber Co., Ltd., and its
affiliate, Cixi Waysun Chemical Fiber Co., Ltd.
Hangzhou Sanxin Paper Co., Ltd.
Nantong Luolai Chemical Fiber Co., Ltd.
Nan Yang Textiles Co., Ltd.
Zhaoqing Tifo New Fiber Co., Ltd.
Huvis Sichuan Chemical Fiber Corp., and Huvis
Sichuan Polyester Fiber Ltd.
The People's Republic of China: Folding Metal Tables 6/1/10-5/31/11
and Chairs,\5\ A-570-868............................
Feili Furniture Development Limited Quanzhou City
Feili Group (Fujian) Co., Ltd.
The People's Republic of China: Silicon Metal,\6\ A- 6/1/10-5/31/11
570-806.............................................
Shanghai Jinneng International Trade Co., Ltd.
The People's Republic of China: Tapered Roller 6/1/10-5/31/11
Bearings and Parts Thereof, Finished and
Unfinished,\7\ A-570-601............................
Zhejiang Sihe Machine Co., Ltd
Xinchang Kaiyuan Automotive Bearing Co., Ltd.
Changshan Peer Bearing Co., Ltd.
Tianshui Hailin Import and Export Corporation
Zhejiang ZhaoFeng Mechanical and Electronic Co.,
Ltd.
Haining Automann Parts Co., Ltd.
Xiang Yang Automobile Bearing Co., Ltd.
Countervailing Duty Proceeding
None.
Suspension Agreements
None.
Deferral of Initiation of Administrative Reviews
The People's Republic of China:
Certain Polyester Staple Fiber, A-570-905........ 6/1/10-5/31/11
Cixi Santai Chemical Fiber Co., Ltd.
Ningbo Dafa Chemical Fiber Co., Ltd
The People's Republic of China: Folding Metal Tables 6/1/10-5/31/11
and Chairs, A-570-868...............................
New-Tec Integration (Xiamen) Co., Ltd.
------------------------------------------------------------------------
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 S.p.A. 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
[[Page 45230]]
exporter or producer. The request must include the name(s) of the
exporter or producer for which the inquiry is requested.
---------------------------------------------------------------------------
\3\ If one of the above-named companies does not qualify for a
separate rate, all other exporters of Chlorinated Isocyanurates 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.
\4\ If one of the above-named companies does not qualify for a
separate rate, all other exporters of Certain Polyester Staple Fiber
from the PRC who have not qualified for a separate rate are deemed
to be covered by this review as part of the single PRC entity of
which the named exporters are a part.
\5\ If one of the above-named companies does not qualify for a
separate rate, all other exporters of Folding Metal Tables and
Chairs 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.
\6\ If the above-named company does not qualify for a separate
rate, all other exporters of Silicon Metal 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 one of the above-named companies does not qualify for a
separate rate, all other exporters of Tapered Roller Bearings and
Part Thereof, Finished and Unfinished 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 antidumping duty or
countervailing duty 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 antidumping duty or
countervailing duty 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 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. 1675(a)), and 19 CFR 351.221(c)(1)(i).
Dated: July 22, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2011-19136 Filed 7-27-11; 8:45 am]
BILLING CODE 3510-DS-P
