Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 53404-53408 [2011-21948]
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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.
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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:
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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
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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
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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
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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
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shipper review, etc.) and entities that lost their
separate rate in the most recently complete segment
of the proceeding in which they participated.
2 Only changes to the official company name,
rather than trade names, need to be addressed via
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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.
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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 ......................................................................................................................................................
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7/1/10–6/30/11
5/19/10–4/30/11
6/1/10–5/31/11
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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
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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
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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).
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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
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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.
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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
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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]
-----------------------------------------------------------------------
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
