Certain Tissue Paper Products From the People's Republic of China: Notice of Rescission of the 2009-2010 Antidumping Duty Administrative Review, 47550-47551 [2011-19923]
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47550
Federal Register / Vol. 76, No. 151 / Friday, August 5, 2011 / Notices
minimis (i.e., less than 0.50 percent).
See 19 CFR 351.106(c)(1).
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of
PET Film from the India entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
administrative review, as provided for
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for company
under review will be the rate
established in the final results of this
review (except, if the rate is zero or de
minimis, i.e., less than 0.5 percent, no
cash deposit will be required); (2) for
previously reviewed or investigated
companies not listed above, the cash
deposit rate will continue to be the
company-specific rate published for the
most recent period; (3) if the exporter is
not a firm covered in this review, a prior
review, or the less-than-fair-value
investigation, but the manufacturer is,
the cash deposit rate will be the rate
established for the most recent period
for the manufacturer of the
merchandise; and, (4) if neither the
exporter nor the manufacturer is a firm
covered in this or any previous review,
the cash deposit rate will be the all
others rate for this proceeding, 5.71
percent. These deposit requirements,
when imposed, shall remain in effect
until further notice.
Executive summaries should be limited
to five pages total, including footnotes.
We intend to issue the final results of
this administrative review, including
the results of our analysis of issues
raised in the written comments, within
120 days of publication of these
preliminary results in the Federal
Register, unless otherwise extended.
See section 751(a)(3)(A) of the Act.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
These preliminary results of
administrative review are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: August 1, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2011–19952 Filed 8–4–11; 8:45 am]
BILLING CODE 3510–DS–P
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Disclosure and Public Comment
DEPARTMENT OF COMMERCE
We will disclose the calculations used
in our analysis to parties in this review
within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b). Any interested
party may request a hearing within 30
days of the publication of this notice in
the Federal Register. See 19 CFR
351.310. If a hearing is requested, the
Department will notify interested
parties of the hearing schedule.
Interested parties are invited to
comment on the preliminary results of
this review. Unless extended by the
Department, interested parties must
submit case briefs within 30 days of the
date of publication of this notice.
Rebuttal briefs, which must be limited
to issues raised in the case briefs, must
be filed not later than five days after the
time limit for filing case briefs. See 19
CFR 351.309(c) and (d) (for a further
discussion of case briefs and rebuttal
briefs, respectively). Parties who submit
case briefs or rebuttal briefs in this
review are requested to submit with
each argument: (1) A statement of the
issue, (2) a brief summary of the
argument, and (3) a table of authorities.
International Trade Administration
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15:16 Aug 04, 2011
Jkt 223001
[A–570–894]
Certain Tissue Paper Products From
the People’s Republic of China: Notice
of Rescission of the 2009–2010
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is rescinding the
administrative review of the
antidumping duty order on certain
tissue paper products from the People’s
Republic of China (PRC) for the period
of review (POR) of March 1, 2009, to
February 28, 2010, with respect to Max
Fortune (Vietnam) Paper Products
Company Limited (MFVN) because
MFVN had no sales of subject
merchandise which entered the United
States during the POR.
DATES: Effective Date: August 5, 2011.
FOR FURTHER INFORMATION CONTACT:
Brian Smith or Gemal Brangman, AD/
CVD Operations, Office 2, Import
AGENCY:
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone (202) 482–1766 or (202) 482–
3773, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 6, 2011, the Department
published the preliminary results of this
administrative review. See Certain
Tissue Paper Products From the
People’s Republic of China: Notice of
Preliminary Results of Antidumping
Duty Administrative Review, 76 FR
19049 (April 6, 2011) (Preliminary
Results).
On May 20, 2011, MFVN and the
petitioner 1 submitted case briefs. On
May 27, 2011, the petitioner submitted
its rebuttal brief. MFVN did not submit
a rebuttal brief.
On May 31, 2011, MFVN withdrew its
May 6, 2011, request for a hearing. No
other party in this review requested a
hearing.
On July 8 and 13, 2011, the
Department held meetings with MFVN’s
and the petitioner’s counsels,
respectively, to discuss issues raised in
their case briefs.2
Rescission of Administrative Review
In this administrative review, MFVN
requested rescission of this review on
the basis that it made no sales/
shipments during the POR of tissue
paper products produced from Chineseorigin jumbo rolls/sheets.3 We
determined in the Preliminary Results,
as adverse facts available (AFA), that
during the POR MFVN made shipments
to the United States of tissue paper
products produced using Chinese-origin
jumbo rolls/sheets. Further, based on
AFA, we preliminarily found that no
substantial transformation is occurring
as a result of further processing by
MFVN in Vietnam and, thus, the
country of origin for antidumping duty
(AD) purposes of the tissue paper
products produced by MFVN from
Chinese-origin jumbo rolls/sheets is
China. Consequently, we assigned
MFVN a cash deposit rate of 112.64
percent.
Our Preliminary Results assumed that
MFVN was the entity making the first
sale for export to the United States of
1 The petitioner is Seaman Paper Company of
Massachusetts, Inc.
2 See the Department’s memoranda to the file
entitled, ‘‘Ex Parte Meeting with Counsel for Max
Fortune (Vietnam) Paper Products Company,
Limited,’’ dated July 11, 2011, and ‘‘Ex Parte
Meeting with the Petitioner’s Counsel,’’ dated July
14, 2011.
3 See Letter from MFVN, dated August 17, 2010.
E:\FR\FM\05AUN1.SGM
05AUN1
Federal Register / Vol. 76, No. 151 / Friday, August 5, 2011 / Notices
erowe on DSKG8SOYB1PROD with NOTICES
the tissue paper products produced
using Chinese-origin jumbo rolls/sheets.
However, upon further review of the
sales documentation on the record, we
found that while MFVN physically
ships the tissue paper it produces to the
United States, MFVN’s parent company
in Hong Kong, Max Fortune Industrial
Limited (MFHK), is the entity that sells
it to the U.S. customer and, thus, is the
‘‘exporter’’ for AD purposes. The record
evidence establishes that MFHK, among
other things, negotiates the terms of the
sale with and issues the commercial
invoice to the U.S. customer for exports
of tissue paper produced by MFVN.4
This fact pattern is not inconsistent with
the Department’s AFA determination in
the Preliminary Results that MFVN
made shipments to the United States of
tissue paper products produced from
Chinese-origin jumbo rolls/sheets, but
instead reflects the Department’s
determination upon further
consideration of record evidence that
MFVN is not the exporter of the subject
merchandise.
In administrative reviews involving
non-market-economy countries, the
Department calculates cash deposit rates
only for exporters, not producers. See,
e.g., Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam: Notice of
Preliminary Results and Partial
Rescission of the Third Antidumping
Administrative Review, 72 FR 53527,
53530 (September 19, 2007) (rescinding
review for company that was a
producer, but not an exporter, of subject
merchandise to the United States);
unchanged in Certain Frozen Fish Fillets
From the Socialist Republic of Vietnam:
Final Results of Antidumping Duty
Administrative Review and Partial
Rescission, 73 FR 15479 (March 24,
2008). Accordingly, because MFVN was
the producer, rather than the exporter,
of the merchandise under review and,
thus, had no sales of the subject
merchandise to the United States during
the POR, the Department is rescinding
this administrative review with respect
to MFVN.
In this case, the petitioner withdrew
its request for review of the exporter
MFHK, and we subsequently rescinded
the review with respect to MFHK. See
Certain Tissue Paper Products From the
People’s Republic of China: Notice of
Partial Rescission and Extension of
4 See Memorandum from to the File from Case
Analysts entitled ‘‘Verification of the Questionnaire
Response of Max Fortune (Vietnam) Paper Products
Co., Ltd. and Its Affiliates in the Anticircumvention Inquiry and 2009–2010
Antidumping Duty Administrative Review of
Certain Tissue Paper Products from the People’s
Republic of China,’’ dated March 31, 2011, at
exhibits 6A through 6F.
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15:16 Aug 04, 2011
Jkt 223001
47551
Time Limit for Preliminary Results of
2009–2010 Administrative Review, 75
FR 73040 (November 29, 2010).
Therefore, given that MFHK is no longer
subject to this review and there are no
sales of subject merchandise by MFVN
which entered the United States during
the POR, we are rescinding this
administrative review of MFVN in
accordance with 19 CFR 351.213(d)(3).
Dated: August 1, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Assessment
[A–570–894]
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on all
appropriate entries, including those
from the PRC-wide entity. Antidumping
duties shall be assessed at rates equal to
the cash deposit of estimated
antidumping duties required at the time
of entry, or withdrawal from warehouse,
for consumption, in accordance with 19
CFR 351.212(c)(1)(i). The Department
intends to issue appropriate assessment
instructions directly to CBP 15 days
after the date of publication of this
notice in the Federal Register.
Certain Tissue Paper Products From
the People’s Republic of China:
Affirmative Final Determination of
Circumvention of the Antidumping
Duty Order
Notification to Importers
This notice serves as a reminder to
importers of their responsibility under
19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation.
This notice is published in
accordance with section 777(i) of the
Tariff Act of 1930, as amended, and 19
CFR 351.213(d)(4).
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[FR Doc. 2011–19923 Filed 8–4–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
Final Determination
We determine that certain tissue
paper products (tissue paper) produced
by Max Fortune (Vietnam) Paper
Products Company, Limited (MFVN) 1
and exported to the United States are
made from jumbo rolls and/or cut sheets
of tissue paper produced in the People’s
Republic of China (PRC), and are
circumventing the antidumping duty
order on tissue paper from the PRC, as
provided in section 781(b) of the Tariff
Act of 1930, as amended (the Act).
DATES: Effective Date: August 5, 2011.
FOR FURTHER INFORMATION CONTACT:
Brian Smith or Gemal Brangman, 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) 482–1766 or (202) 482–
3773, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 6, 2011, the Department of
Commerce (the Department) published
in the Federal Register its affirmative
preliminary determination that tissue
paper produced by MFVN in Vietnam
using Chinese-origin jumbo rolls and/or
1 MFVN is a company located in Vietnam and is
a wholly-owned subsidiary of Max Fortune
Industrial Co., Ltd. (MFHK) located in Hong Kong.
MFHK was the exporter of the tissue paper
produced and shipped by MFVN to the United
States during the analysis period of this inquiry.
See Memorandum to the File from Case Analysts
entitled ‘‘Verification of the Questionnaire
Response of Max Fortune (Vietnam) Paper Products
Co., Ltd. and Its Affiliates in the Anticircumvention Inquiry and 2009–2010
Antidumping Duty Administrative Review of
Certain Tissue Paper Products from the People’s
Republic of China,’’ dated March 31, 2011 (MFVN
verification report), at exhibits 6A through 6F.
E:\FR\FM\05AUN1.SGM
05AUN1
]]>Agencies
[Federal Register Volume 76, Number 151 (Friday, August 5, 2011)]
[Notices]
[Pages 47550-47551]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19923]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-894]
Certain Tissue Paper Products From the People's Republic of
China: Notice of Rescission of the 2009-2010 Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is rescinding the
administrative review of the antidumping duty order on certain tissue
paper products from the People's Republic of China (PRC) for the period
of review (POR) of March 1, 2009, to February 28, 2010, with respect to
Max Fortune (Vietnam) Paper Products Company Limited (MFVN) because
MFVN had no sales of subject merchandise which entered the United
States during the POR.
DATES: Effective Date: August 5, 2011.
FOR FURTHER INFORMATION CONTACT: Brian Smith or Gemal Brangman, 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-
1766 or (202) 482-3773, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 6, 2011, the Department published the preliminary results
of this administrative review. See Certain Tissue Paper Products From
the People's Republic of China: Notice of Preliminary Results of
Antidumping Duty Administrative Review, 76 FR 19049 (April 6, 2011)
(Preliminary Results).
On May 20, 2011, MFVN and the petitioner \1\ submitted case briefs.
On May 27, 2011, the petitioner submitted its rebuttal brief. MFVN did
not submit a rebuttal brief.
---------------------------------------------------------------------------
\1\ The petitioner is Seaman Paper Company of Massachusetts,
Inc.
---------------------------------------------------------------------------
On May 31, 2011, MFVN withdrew its May 6, 2011, request for a
hearing. No other party in this review requested a hearing.
On July 8 and 13, 2011, the Department held meetings with MFVN's
and the petitioner's counsels, respectively, to discuss issues raised
in their case briefs.\2\
---------------------------------------------------------------------------
\2\ See the Department's memoranda to the file entitled, ``Ex
Parte Meeting with Counsel for Max Fortune (Vietnam) Paper Products
Company, Limited,'' dated July 11, 2011, and ``Ex Parte Meeting with
the Petitioner's Counsel,'' dated July 14, 2011.
---------------------------------------------------------------------------
Rescission of Administrative Review
In this administrative review, MFVN requested rescission of this
review on the basis that it made no sales/shipments during the POR of
tissue paper products produced from Chinese-origin jumbo rolls/
sheets.\3\ We determined in the Preliminary Results, as adverse facts
available (AFA), that during the POR MFVN made shipments to the United
States of tissue paper products produced using Chinese-origin jumbo
rolls/sheets. Further, based on AFA, we preliminarily found that no
substantial transformation is occurring as a result of further
processing by MFVN in Vietnam and, thus, the country of origin for
antidumping duty (AD) purposes of the tissue paper products produced by
MFVN from Chinese-origin jumbo rolls/sheets is China. Consequently, we
assigned MFVN a cash deposit rate of 112.64 percent.
---------------------------------------------------------------------------
\3\ See Letter from MFVN, dated August 17, 2010.
---------------------------------------------------------------------------
Our Preliminary Results assumed that MFVN was the entity making the
first sale for export to the United States of
[[Page 47551]]
the tissue paper products produced using Chinese-origin jumbo rolls/
sheets. However, upon further review of the sales documentation on the
record, we found that while MFVN physically ships the tissue paper it
produces to the United States, MFVN's parent company in Hong Kong, Max
Fortune Industrial Limited (MFHK), is the entity that sells it to the
U.S. customer and, thus, is the ``exporter'' for AD purposes. The
record evidence establishes that MFHK, among other things, negotiates
the terms of the sale with and issues the commercial invoice to the
U.S. customer for exports of tissue paper produced by MFVN.\4\ This
fact pattern is not inconsistent with the Department's AFA
determination in the Preliminary Results that MFVN made shipments to
the United States of tissue paper products produced from Chinese-origin
jumbo rolls/sheets, but instead reflects the Department's determination
upon further consideration of record evidence that MFVN is not the
exporter of the subject merchandise.
---------------------------------------------------------------------------
\4\ See Memorandum from to the File from Case Analysts entitled
``Verification of the Questionnaire Response of Max Fortune
(Vietnam) Paper Products Co., Ltd. and Its Affiliates in the Anti-
circumvention Inquiry and 2009-2010 Antidumping Duty Administrative
Review of Certain Tissue Paper Products from the People's Republic
of China,'' dated March 31, 2011, at exhibits 6A through 6F.
---------------------------------------------------------------------------
In administrative reviews involving non-market-economy countries,
the Department calculates cash deposit rates only for exporters, not
producers. See, e.g., Certain Frozen Fish Fillets From the Socialist
Republic of Vietnam: Notice of Preliminary Results and Partial
Rescission of the Third Antidumping Administrative Review, 72 FR 53527,
53530 (September 19, 2007) (rescinding review for company that was a
producer, but not an exporter, of subject merchandise to the United
States); unchanged in Certain Frozen Fish Fillets From the Socialist
Republic of Vietnam: Final Results of Antidumping Duty Administrative
Review and Partial Rescission, 73 FR 15479 (March 24, 2008).
Accordingly, because MFVN was the producer, rather than the exporter,
of the merchandise under review and, thus, had no sales of the subject
merchandise to the United States during the POR, the Department is
rescinding this administrative review with respect to MFVN.
In this case, the petitioner withdrew its request for review of the
exporter MFHK, and we subsequently rescinded the review with respect to
MFHK. See Certain Tissue Paper Products From the People's Republic of
China: Notice of Partial Rescission and Extension of Time Limit for
Preliminary Results of 2009-2010 Administrative Review, 75 FR 73040
(November 29, 2010). Therefore, given that MFHK is no longer subject to
this review and there are no sales of subject merchandise by MFVN which
entered the United States during the POR, we are rescinding this
administrative review of MFVN in accordance with 19 CFR 351.213(d)(3).
Assessment
The Department will instruct U.S. Customs and Border Protection
(CBP) to assess antidumping duties on all appropriate entries,
including those from the PRC-wide entity. Antidumping duties shall be
assessed at rates equal to the cash deposit of estimated antidumping
duties required at the time of entry, or withdrawal from warehouse, for
consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department
intends to issue appropriate assessment instructions directly to CBP 15
days after the date of publication of this notice in the Federal
Register.
Notification to Importers
This notice serves as a reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and the
terms of an APO is a sanctionable violation.
This notice is published in accordance with section 777(i) of the
Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).
Dated: August 1, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2011-19923 Filed 8-4-11; 8:45 am]
BILLING CODE 3510-DS-P
