Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 53404-53408 [2011-21948]

Download as PDF 53404 Federal Register / Vol. 76, No. 166 / Friday, August 26, 2011 / Notices Public comment is invited from interested parties. Submissions (original and 3 copies) shall be addressed to the Board’s Executive Secretary at the following address: Office of the Executive Secretary, Room 2111, U.S. Department of Commerce, 1401 Constitution Avenue, NW., Washington, DC 20230–0002. The closing period for receipt of comments is October 25, 2011. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to November 9, 2011. A copy of the application will be available for public inspection at the Office of the Foreign-Trade Zones Board’s Executive Secretary at the address listed above and in the ‘‘Reading Room’’ section of the Board’s Web site, which is accessible via https://www.trade.gov/ftz. For further information, contact Pierre Duy at Pierre.Duy@trade.gov or (202) 482–1378. Dated: August 19, 2011. Andrew McGilvray, Executive Secretary. [FR Doc. 2011–21941 Filed 8–25–11; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part Import Administration, International Trade Administration, Department of Commerce. AGENCY: The Department of Commerce (‘‘the Department’’) has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with July anniversary dates. In accordance with the Department’s regulations, we are initiating those administrative reviews. The Department also received requests to revoke two antidumping duty orders in part. Effective Date: August 26, 2011. emcdonald on DSK2BSOYB1PROD with NOTICES 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: VerDate Mar<15>2010 19:37 Aug 25, 2011 Jkt 223001 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 July anniversary dates. The Department also received timely requests to revoke in part the antidumping duty orders on Certain Pasta from Italy for one exporter and on Stainless Steel Sheet and Strip in Coils from Taiwan for one exporter. 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 filed electronically at https:// iaaccess.trade.gov in accordance with 19 CFR 351.303. See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). Such submissions are subject to verification in accordance with section 782(i) of the Tariff Act of 1930, as amended (‘‘Act’’). Further, in accordance with 19 CFR 351.303(f)(3)(ii), a copy of each request must be served on the petitioner and each exporter or producer specified in the request. Respondent Selection SUMMARY: DATES: Background 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 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 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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. Deadline for Withdrawal of Request for Administrative Review Pursuant to 19 CFR 351.213(d)(1), a party that has requested a review may withdraw that request within 90 days of the date of publication of the notice of initiation of the requested review. The regulation provides that the Department may extend this time if it is reasonable to do so. In order to provide parties additional certainty with respect to when the Department will exercise its discretion to extend this 90-day deadline, interested parties are advised that, with regard to reviews requested E:\FR\FM\26AUN1.SGM 26AUN1 Federal Register / Vol. 76, No. 166 / Friday, August 26, 2011 / Notices on the basis of anniversary months on or after August 2011, the Department does not intend to extend the 90-day deadline unless the requestor demonstrates that an extraordinary circumstance has prevented it from submitting a timely withdrawal request. Determinations by the Department to extend the 90-day deadline will be made on a case-by-case basis. 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-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 53405 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 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 July 31, 2012. Period to be reviewed emcdonald on DSK2BSOYB1PROD with NOTICES Antidumping Duty Proceedings Finland: Purified Carboxymethylcellulose, A–405–803 ............................................................................................................. CP Kelco Oy India: Polyethylene Terephthalate (PET) Film, A–533–824 ...................................................................................................... Ester Industries Limited Garware Polyester Ltd. Jindal Poly Films Limited of India Polypacks Industries Polyplex Corporation Ltd. SRF Limited Vacmet India Ltd. Italy: Certain Pasta, A–475–818 ................................................................................................................................................ 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 VerDate Mar<15>2010 19:37 Aug 25, 2011 Jkt 223001 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 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 7/1/10–6/30/11 7/1/10–6/30/11 7/1/10–6/30/11 a Separate Rate Application. Information regarding new trade names may be submitted via a Separate Rate Certification. E:\FR\FM\26AUN1.SGM 26AUN1 53406 Federal Register / Vol. 76, No. 166 / Friday, August 26, 2011 / Notices emcdonald on DSK2BSOYB1PROD with NOTICES Period to be reviewed Botticelli Mediterraneo S.a.r.l.2 Fiamma Vesuviana S.r.L. Industria Alimentare Filiberto Bianconi 1947 S.p.A. Labor S.r.L. PAM. S.p.A. and its affiliate, Liguori Pastificio dal 1820 SpA P.A.P. SNC Di Pazienza G.B. & C. Premiato Pastificio Afeltra S.r.L. Pasta Lensi S.r.l. Pastaficio Zaffiri Pastificio Attilio Mastromauro-Pasta Granoro S.R.L.3 Pastificio Di Martino Gaetano & F.lli SpA Pastificio Fratelli Cellino, S.r.l. Pastificio Lucio Garofalo S.p.A. Pastificio Riscossa F.lli Mastromauro S.p.A. Rummo S.p.A. Molino e Pastificio Rustichella d’Abruzzo S.p.A. Russian Federation: Solid Urea, A–821–801 ............................................................................................................................ OJSC MCC EuroChem, and production affiliates, OJSC Nevinnomyssky Azot and OJSC Novomoskovskaya Azot Taiwan: Polyethylene Terephthalate Film, Sheet, and Strip, A–583–837 ................................................................................ Nan Ya Plastics Corporation, Ltd. Shinkong Materials Technology Co., Ltd. Shinkong Synthetic Fibers Corporation The Netherlands: Purified Carboxymethylcellulose, A–421–811 .............................................................................................. Akzo Nobel Functional Chemicals, B.V. CP Kelco B.V. The People’s Republic of China: Certain Oil Country Tubular Goods 4 A–570–943 .............................................................................................................. Certain Polyester Staple Fiber, A–570–905 ....................................................................................................................... Jiaxing Fuda Chemical Fibre Factory 5 Certain Steel Grating,6 A–570–947 .................................................................................................................................... Ningbo Haitian International Co., Ltd. Shanghai Minmetals Materials & Products Co., Ltd. Yantai Xinke Steel Structure Co., Ltd. Sinosteel Yantai Steel Grating Co., Ltd. Ningbo Jiulong Machinery Manufacturing Co., Ltd. Accurate Screen, Ltd. Wuxi Juhua Import/Export Co., Ltd. Well Forge Industries Circular Welded Carbon Quality Steel Pipe,7 A–570–910 ................................................................................................. Adler Steel Ltd. Al Jazeera Steel Products Co SAOG Baoshan Iron & Steel Co., Ltd. Benxi Northern Steel Pipes, Co. Ltd. CNOOC Kingland Pipeline Co., Ltd. ETCO (China) International Trading Co., Ltd. Great River Trading International Co. Guangzhou Juyi Steel Pipes Co., Ltd. Hebei Zhongyuan Steel Pipe Manufacturer Hefei Zijin Steel Tube Manufacturing Co., Ltd. Huludao City Steel Pipe Industrial Hunan Great Steel Pipe Co., Ltd. Hunan Hengyang Steel Tube (Group) Co., Ltd. Jiangsu Changbao Steel Tube Co., Ltd. Jiangsu Yulong Steel Pipe Co., Ltd. Liaoning Northern Steel Pipe Co., Ltd. Shanghai Zhongyou Tipo Steel Shanghai Zhongyou TIPO Steel Pipe Co., Ltd. Sichuan YNJ Industries Co., Ltd. SteelFORCE Far East Ltd. Tianjin Baolai International Trade Co., Ltd. Tianjin Huilitong Steel Tube Co., Ltd. Tianjin Longshenghua Import & Export Tianjin Shuangjie Steel Pipe Co., Ltd. Tianjin Uniglory International Trade Co., Ltd. Weifang East Steel Pipe Co., Ltd. Wuxi Fastube Industry Co., Ltd. Zhejiang Kingland Pipeline Industry Co., Ltd. Zhuji Tri-Union Import & Export Co., Ltd. Saccharin,8 A–570–878 ...................................................................................................................................................... VerDate Mar<15>2010 19:37 Aug 25, 2011 Jkt 223001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\26AUN1.SGM 26AUN1 7/1/10–6/30/11 7/1/10–6/30/11 7/1/10–6/30/11 5/19/10–4/30/11 6/1/10–5/31/11 1/6/10–6/30/11 7/1/10–6/30/11 7/1/10–6/30/11 Federal Register / Vol. 76, No. 166 / Friday, August 26, 2011 / Notices 53407 Period to be reviewed Pingdingshan Coal Group Kaifeng Xinghua Fine Chemical Plant Tianjin Changjie Chemical Co., Ltd. Tianjin North Food Co., Ltd. Hangzhou Embaiking Pharmaceutical Corp. Ltd. Kingchem LLC Escalade Ltd./Escalade Israel Ltd. The High Trans Corporation The Seicheng Chemical Company (‘‘Seicheng’’) (a.k.a. Sei-Cheng) Yuan Shan Co. Ltd. Sin-Ho Trading Co. Ltd. (‘‘Sin-Ho’’) (a.k.a. Xin He) Long Hwang Chemicals Co. Ltd. (‘‘Long Hwang’’) (a.k.a. Lung Huang Trading) Sun Disc Company, Ltd. Turkey: Certain Pasta, A–489–805 ........................................................................................................................................... TAT Makarnacilik Sanayi ve Ticaret A.S. Marsan Gida Sanayi ve Ticaret A.S., and its affiliates: Birlik Pazarlama Sanayi ve Ticaret A.S. Bellini Gida Sanayi A.S. Marsa Yag Sanayi ve Ticaret A.S. 7/1/10–6/30/11 Countervailing Duty Proceedings India: Polyethylene Terephthalate (PET) Film, C–533–825 ...................................................................................................... Ester Industries Limited Garware Polyester Ltd. Polyplex Corporation Ltd. Jindal Poly Films Limited of India SRF Limited Vacmet India Limited Polypacks Industries of India Italy: Certain Pasta, C–475–819 ............................................................................................................................................... Industria Alimentare Filiberto Bianconi 1947 S.p.A. Molino e Pastificio Tomasello, S.p.A. The People’s Republic of China: Circular Welded Carbon Quality Steel Pipe, C–570–911 .................................................... Baoshan Iron & Steel Co., Ltd. Benxi Northern Steel Pipes, Co. Ltd. CNOOC Kingland Pipeline Co., Ltd. Guangzhou Juyi Steel Pipe Co., Ltd. Hebei Zhongyuan Steel Pipe Manufacturer Hefei Zijin Steel Tube Manufacturing Co., Ltd. Huludao City Steel Pipe Industrial Hunan Great Steel Pipe Co., Ltd. Hunan Hengyang Steel Tube (Group) Co., Ltd. Jiangsu Changbao Steel Tube Co., Ltd. Jiangsu Yulong Steel Pipe Co., Ltd. Liaoning Northern Steel Pipe Co., Ltd. Liaoyang Steel Tube Co., Ltd. Shanghai Zhongyou Tipo Steel Tianjin Huilitong Steel Tube Co., Ltd. Tianjin Shuangjie Steel Pipe Co., Ltd. Weifang East Steel Pipe Co., Ltd. Wuxi Fastube Industry Co., Ltd. Zhejiang Kingland Pipeline Industry Co., Ltd. Turkey: Certain Pasta, C–489–806 ........................................................................................................................................... Marsan Gida Sanayi ve Ticaret A.S., and its affiliates: Birlik Pazarlama Sanayi ve Ticaret A.S. Bellini Gida Sanayi A.S. Marsa Yag Sanayi ve Ticaret A.S. 1/1/10–12/31/10 1/1/10–12/31/10 1/1/10–12/31/10 1/1/10–12/31/10 Suspension Agreements emcdonald on DSK2BSOYB1PROD with NOTICES Russian Federation: Certain Hot-Rolled Carbon Steel Flat Products, A–821–809 .................................................................. During any administrative review covering all or part of a period falling 3 On August 31, 2010, the Department deferred the 7/1/2009—6/30/2010 administrative review for Pastificio Attilio Mastromauro-Pasta Granoro S.R.L. for one year (75 FR 53274). We are now initiating VerDate Mar<15>2010 19:37 Aug 25, 2011 Jkt 223001 this review one year later along with the 7/1/2010— 6/30/2011 administrative review. 4 In the initiation notice that was published on June 28, 2011 (76 FR 37781), the POR for the above referenced case was incorrect. The period listed above is the correct POR for this case. 5 The company listed was inadvertently omitted from the initiation notice that was published on July 28, 2011 (76 FR 45227). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 7/1/10–6/30/11 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 E:\FR\FM\26AUN1.SGM 26AUN1 53408 Federal Register / Vol. 76, No. 166 / Friday, August 26, 2011 / Notices emcdonald on DSK2BSOYB1PROD with NOTICES 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 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 6 If one of the above named companies does not qualify for a separate rate, all other exporters of Certain Steel Grating 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. 7 If one of the above named companies does not qualify for a separate rate, all other exporters of Circular Welded Carbon Quality Steel Pipe 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. 8 If one of the above named companies does not qualify for a separate rate, all other exporters of Saccharin 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. VerDate Mar<15>2010 19:37 Aug 25, 2011 Jkt 223001 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: August 19, 2011. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2011–21948 Filed 8–25–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–832] Pure Magnesium From the People’s Republic of China: Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. DATES: August 26, 2011. SUMMARY: On June 28, 2011, the U.S. Department of Commerce (‘‘the Department’’) published a notice of initiation of an administrative review of the antidumping duty order on pure magnesium from the People’s Republic of China (‘‘PRC’’).1 The review covers one manufacturer/exporter of subject merchandise from the PRC, Tianjin Magnesium International Co., Ltd. (‘‘TMI’’). The period of review (‘‘POR’’) is May 1, 2010 through April 30, 2011. Following the receipt of a certification of no shipments from TMI, we notified all interested parties of the Department’s intent to rescind this review and provided an opportunity to comment on the rescission.2 We received no AGENCY: 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 76 FR 37781 (June 28, 2011) (‘‘Initiation’’). 2 See Memorandum to the File, ‘‘Pure Magnesium from the People’s Republic of China: Intent to PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 comments. Therefore, we are rescinding this administrative review. FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, 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) 482–4243. SUPPLEMENTARY INFORMATION: Background On May 2, 2011, the Department published a notice of opportunity to request an administrative review of the antidumping duty order on pure magnesium from the PRC for the period May 1, 2010 through April 30, 2011.3 On May 31, 2011, U.S. Magnesium LLC (‘‘U.S. Magnesium’’), a domestic producer and Petitioner in the underlying investigation of this case, made a timely request that the Department conduct an administrative review of TMI and a number of other companies.4 On June 9, 2011, the Department requested Petitioner to clarify its request for review, by identifying the exporters of the subject merchandise.5 On June 13, 2011, Petitioner withdrew its request for review for all companies except TMI.6 On June 29, 2011, in accordance with section 751(a) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department published in the Federal Register a notice of initiation of this antidumping duty administrative review.7 On June 30, 2011, TMI submitted a letter to the Department certifying that it did not export pure magnesium for consumption in the United States during the POR.8 On July 6, 2011, the Department placed on the record information obtained in response to the Rescind the 2010–2011 Antidumping Duty Administrative Review of Pure Magnesium from the People’s Republic of China—A–570–832,’’ dated July 22, 2011 (‘‘Intent to Rescind Memorandum’’). 3 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 76 FR 24458 (May 2, 2011). 4 See letter from U.S. Magnesium, ‘‘Pure Magnesium from the People’s Republic of China: Request for Administrative Reviews,’’ dated May 31, 2011. 5 See Memorandum to the File, ‘‘Pure Magnesium from the People’s Republic of China: Clarification With Respect to Petitioner’s Request for Review in the 2010–2011 Review,’’ dated June 9, 2011. 6 See letter from U.S. Magnesium, ‘‘Pure Magnesium from the People’s Republic of China: Partial Withdrawal of Request for Administrative Review,’’ dated June 13, 2011. 7 See Initiation, 76 FR at 37785. 8 See letter from TMI, ‘‘Pure Magnesium from the People’s Republic of China; A–570–832; Certification of No Sales by Tianjin Magnesium International Co., Ltd.,’’ dated June 30, 2011. E:\FR\FM\26AUN1.SGM 26AUN1

Agencies

[Federal Register Volume 76, Number 166 (Friday, August 26, 2011)]
[Notices]
[Pages 53404-53408]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21948]


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DEPARTMENT OF COMMERCE

International Trade Administration


Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Requests for Revocation in Part

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 July anniversary dates. In 
accordance with the Department's regulations, we are initiating those 
administrative reviews. The Department also received requests to revoke 
two antidumping duty orders in part.

DATES: Effective Date: August 26, 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 July anniversary dates. 
The Department also received timely requests to revoke in part the 
antidumping duty orders on Certain Pasta from Italy for one exporter 
and on Stainless Steel Sheet and Strip in Coils from Taiwan for one 
exporter.
    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 filed electronically 
at https://iaaccess.trade.gov in accordance with 19 CFR 351.303. See 
Antidumping and Countervailing Duty Proceedings: Electronic Filing 
Procedures; Administrative Protective Order Procedures, 76 FR 39263 
(July 6, 2011). Such submissions are subject to verification in 
accordance with section 782(i) of the Tariff Act of 1930, as amended 
(``Act''). Further, in accordance with 19 CFR 351.303(f)(3)(ii), a copy 
of each request must be served on the petitioner and each exporter or 
producer specified in the request.

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 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.

Deadline for Withdrawal of Request for Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), a party that has requested a 
review may withdraw that request within 90 days of the date of 
publication of the notice of initiation of the requested review. The 
regulation provides that the Department may extend this time if it is 
reasonable to do so. In order to provide parties additional certainty 
with respect to when the Department will exercise its discretion to 
extend this 90-day deadline, interested parties are advised that, with 
regard to reviews requested

[[Page 53405]]

on the basis of anniversary months on or after August 2011, the 
Department does not intend to extend the 90-day deadline unless the 
requestor demonstrates that an extraordinary circumstance has prevented 
it from submitting a timely withdrawal request. Determinations by the 
Department to extend the 90-day deadline will be made on a case-by-case 
basis.

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-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.
---------------------------------------------------------------------------

    \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 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 July 31, 2012.

------------------------------------------------------------------------
                                                         Period to be
                                                           reviewed
------------------------------------------------------------------------
                      Antidumping Duty Proceedings
------------------------------------------------------------------------
 
Finland: Purified Carboxymethylcellulose, A-405-803       7/1/10-6/30/11
    CP Kelco Oy
India: Polyethylene Terephthalate (PET) Film, A-533-      7/1/10-6/30/11
 824...............................................
    Ester Industries Limited
    Garware Polyester Ltd.
    Jindal Poly Films Limited of India
    Polypacks Industries
    Polyplex Corporation Ltd.
    SRF Limited
    Vacmet India Ltd.
Italy: Certain Pasta, A-475-818....................       7/1/10-6/30/11

[[Page 53406]]

 
    Botticelli Mediterraneo S.a.r.l.2
    Fiamma Vesuviana S.r.L.
    Industria Alimentare Filiberto Bianconi 1947
     S.p.A.
    Labor S.r.L.
    PAM. S.p.A. and its affiliate, Liguori
     Pastificio dal 1820 SpA
    P.A.P. SNC Di Pazienza G.B. & C.
    Premiato Pastificio Afeltra S.r.L.
    Pasta Lensi S.r.l.
    Pastaficio Zaffiri
    Pastificio Attilio Mastromauro-Pasta Granoro
     S.R.L.\3\
    Pastificio Di Martino Gaetano & F.lli SpA
    Pastificio Fratelli Cellino, S.r.l.
    Pastificio Lucio Garofalo S.p.A.
    Pastificio Riscossa F.lli Mastromauro S.p.A.
    Rummo S.p.A. Molino e Pastificio
    Rustichella d'Abruzzo S.p.A.
Russian Federation: Solid Urea, A-821-801..........       7/1/10-6/30/11
    OJSC MCC EuroChem, and production affiliates,
     OJSC Nevinnomyssky Azot and OJSC
     Novomoskovskaya Azot
Taiwan: Polyethylene Terephthalate Film, Sheet, and       7/1/10-6/30/11
 Strip, A-583-837..................................
    Nan Ya Plastics Corporation, Ltd.
    Shinkong Materials Technology Co., Ltd.
    Shinkong Synthetic Fibers Corporation
The Netherlands: Purified Carboxymethylcellulose, A-      7/1/10-6/30/11
 421-811...........................................
    Akzo Nobel Functional Chemicals, B.V.
    CP Kelco B.V.
The People's Republic of China:
    Certain Oil Country Tubular Goods \4\ A-570-943      5/19/10-4/30/11
    Certain Polyester Staple Fiber, A-570-905......       6/1/10-5/31/11
        Jiaxing Fuda Chemical Fibre Factory \5\
    Certain Steel Grating,\6\ A-570-947............       1/6/10-6/30/11
        Ningbo Haitian International Co., Ltd.
        Shanghai Minmetals Materials & Products
         Co., Ltd.
        Yantai Xinke Steel Structure Co., Ltd.
        Sinosteel Yantai Steel Grating Co., Ltd.
        Ningbo Jiulong Machinery Manufacturing Co.,
         Ltd.
        Accurate Screen, Ltd.
        Wuxi Juhua Import/Export Co., Ltd.
        Well Forge Industries
    Circular Welded Carbon Quality Steel Pipe,\7\ A-      7/1/10-6/30/11
     570-910.......................................
        Adler Steel Ltd.
        Al Jazeera Steel Products Co SAOG
        Baoshan Iron & Steel Co., Ltd.
        Benxi Northern Steel Pipes, Co. Ltd.
        CNOOC Kingland Pipeline Co., Ltd.
        ETCO (China) International Trading Co.,
         Ltd.
        Great River Trading International Co.
        Guangzhou Juyi Steel Pipes Co., Ltd.
        Hebei Zhongyuan Steel Pipe Manufacturer
        Hefei Zijin Steel Tube Manufacturing Co.,
         Ltd.
        Huludao City Steel Pipe Industrial
        Hunan Great Steel Pipe Co., Ltd.
        Hunan Hengyang Steel Tube (Group) Co., Ltd.
        Jiangsu Changbao Steel Tube Co., Ltd.
        Jiangsu Yulong Steel Pipe Co., Ltd.
        Liaoning Northern Steel Pipe Co., Ltd.
        Shanghai Zhongyou Tipo Steel
        Shanghai Zhongyou TIPO Steel Pipe Co., Ltd.
        Sichuan YNJ Industries Co., Ltd.
        SteelFORCE Far East Ltd.
        Tianjin Baolai International Trade Co.,
         Ltd.
        Tianjin Huilitong Steel Tube Co., Ltd.
        Tianjin Longshenghua Import & Export
        Tianjin Shuangjie Steel Pipe Co., Ltd.
        Tianjin Uniglory International Trade Co.,
         Ltd.
        Weifang East Steel Pipe Co., Ltd.
        Wuxi Fastube Industry Co., Ltd.
        Zhejiang Kingland Pipeline Industry Co.,
         Ltd.
        Zhuji Tri-Union Import & Export Co., Ltd.
    Saccharin,\8\ A-570-878........................       7/1/10-6/30/11

[[Page 53407]]

 
        Pingdingshan Coal Group Kaifeng Xinghua
         Fine Chemical Plant
        Tianjin Changjie Chemical Co., Ltd.
        Tianjin North Food Co., Ltd.
        Hangzhou Embaiking Pharmaceutical Corp.
         Ltd.
        Kingchem LLC
        Escalade Ltd./Escalade Israel Ltd.
        The High Trans Corporation
        The Seicheng Chemical Company
         (``Seicheng'') (a.k.a. Sei-Cheng)
        Yuan Shan Co. Ltd.
        Sin-Ho Trading Co. Ltd. (``Sin-Ho'')
         (a.k.a. Xin He)
        Long Hwang Chemicals Co. Ltd. (``Long
         Hwang'') (a.k.a. Lung Huang Trading)
        Sun Disc Company, Ltd.
Turkey: Certain Pasta, A-489-805...................       7/1/10-6/30/11
    TAT Makarnacilik Sanayi ve Ticaret A.S.
    Marsan Gida Sanayi ve Ticaret A.S., and its
     affiliates:
        Birlik Pazarlama Sanayi ve Ticaret A.S.
        Bellini Gida Sanayi A.S.
        Marsa Yag Sanayi ve Ticaret A.S.
------------------------------------------------------------------------
 
                     Countervailing Duty Proceedings
------------------------------------------------------------------------
 
India: Polyethylene Terephthalate (PET) Film, C-533-     1/1/10-12/31/10
 825...............................................
    Ester Industries Limited
    Garware Polyester Ltd.
    Polyplex Corporation Ltd.
    Jindal Poly Films Limited of India
    SRF Limited
    Vacmet India Limited
    Polypacks Industries of India
Italy: Certain Pasta, C-475-819....................      1/1/10-12/31/10
    Industria Alimentare Filiberto Bianconi 1947
     S.p.A.
    Molino e Pastificio Tomasello, S.p.A.
The People's Republic of China: Circular Welded          1/1/10-12/31/10
 Carbon Quality Steel Pipe, C-570-911..............
    Baoshan Iron & Steel Co., Ltd.
    Benxi Northern Steel Pipes, Co. Ltd.
    CNOOC Kingland Pipeline Co., Ltd.
    Guangzhou Juyi Steel Pipe Co., Ltd.
    Hebei Zhongyuan Steel Pipe Manufacturer
    Hefei Zijin Steel Tube Manufacturing Co., Ltd.
    Huludao City Steel Pipe Industrial
    Hunan Great Steel Pipe Co., Ltd.
    Hunan Hengyang Steel Tube (Group) Co., Ltd.
    Jiangsu Changbao Steel Tube Co., Ltd.
    Jiangsu Yulong Steel Pipe Co., Ltd.
    Liaoning Northern Steel Pipe Co., Ltd.
    Liaoyang Steel Tube Co., Ltd.
    Shanghai Zhongyou Tipo Steel
    Tianjin Huilitong Steel Tube Co., Ltd.
    Tianjin Shuangjie Steel Pipe Co., Ltd.
    Weifang East Steel Pipe Co., Ltd.
    Wuxi Fastube Industry Co., Ltd.
    Zhejiang Kingland Pipeline Industry Co., Ltd.
Turkey: Certain Pasta, C-489-806...................      1/1/10-12/31/10
    Marsan Gida Sanayi ve Ticaret A.S., and its
     affiliates:
        Birlik Pazarlama Sanayi ve Ticaret A.S.
        Bellini Gida Sanayi A.S.
        Marsa Yag Sanayi ve Ticaret A.S.
------------------------------------------------------------------------
 
                          Suspension Agreements
------------------------------------------------------------------------
 
Russian Federation: Certain Hot-Rolled Carbon Steel       7/1/10-6/30/11
 Flat Products, A-821-809..........................
------------------------------------------------------------------------

    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

[[Page 53408]]

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 exporter or 
producer. The request must include the name(s) of the exporter or 
producer for which the inquiry is requested.
---------------------------------------------------------------------------

    \3\ On August 31, 2010, the Department deferred the 7/1/2009--6/
30/2010 administrative review for Pastificio Attilio Mastromauro-
Pasta Granoro S.R.L. for one year (75 FR 53274). We are now 
initiating this review one year later along with the 7/1/2010--6/30/
2011 administrative review.
    \4\ In the initiation notice that was published on June 28, 2011 
(76 FR 37781), the POR for the above referenced case was incorrect. 
The period listed above is the correct POR for this case.
    \5\ The company listed was inadvertently omitted from the 
initiation notice that was published on July 28, 2011 (76 FR 45227).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \6\ If one of the above named companies does not qualify for a 
separate rate, all other exporters of Certain Steel Grating 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.
    \7\ If one of the above named companies does not qualify for a 
separate rate, all other exporters of Circular Welded Carbon Quality 
Steel Pipe 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.
    \8\ If one of the above named companies does not qualify for a 
separate rate, all other exporters of Saccharin 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.
---------------------------------------------------------------------------

    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: August 19, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2011-21948 Filed 8-25-11; 8:45 am]
BILLING CODE 3510-DS-P