Artist Canvas from the People's Republic of China: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order, 55351-55352 [2011-22864]

Download as PDF Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Notices merchandise upon which the request was based. The notice initiating the NSR was published on March 23, 2011.2 The preliminary results are currently due no later than September 10, 2011. Statutory Time Limits Section 751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (the ‘‘Act’’), provides that the Department will issue the preliminary results of a new shipper review of an antidumping duty order within 180 days after the day on which the review was initiated. See also 19 CFR 351.214(i)(1). The Act further provides that the Department may extend that 180-day period to 300 days if it determines that the case is extraordinarily complicated. See also 19 CFR 351.214(i)(2). Extension of Time Limit of Preliminary Results The Department determines that this new shipper review involves extraordinarily complicated methodological issues, including Thong Thuan’s multiple production stages for subject merchandise and the need to evaluate the bona fide nature of Thong Thuan’s sales. The Department finds that these extraordinarily complicated issues require additional time to evaluate. Therefore, in accordance with section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(i)(2), the Department is extending the time limit for the preliminary results by 60 days, until no later than November 9, 2011. The final results continue to be due 90 days after the publication of the preliminary results. We are issuing and publishing this notice in accordance with sections 751(a)(2)(B)(iv) and 777(i) of the Act. Dated: August 31, 2011. Susan H. Kuhbach, Acting Deputy Assistant Secretary of Antidumping and Countervailing Duty Operations. International Trade Administration [A–570–899] Artist Canvas from the People’s Republic of China: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On May 2, 2011, the Department of Commerce (‘‘Department’’) initiated the first sunset review of the antidumping duty order on artist canvas from the People’s Republic of China (‘‘PRC’’) pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘Act’’). See Initiation of Five-Year (‘‘Sunset’’) Review, 76 FR 24459 (May 2, 2011) (‘‘Sunset Initiation’’); see also Notice of Antidumping Duty Order: Certain Artist Canvas from the People’s Republic of China, 71 FR 31154 (June 1, 2006) (‘‘Order’’). On May 17, 2011, Tara Materials, Inc. (‘‘Tara Materials’’), the petitioner in the artist canvas investigation, notified the Department that it intended to participate in the sunset review. The Department did not receive a substantive response from any respondent party. Based on the notice of intent to participate and adequate response filed by the domestic interested party, and the lack of response from any respondent interested party, the Department conducted an expedited sunset review of the Order pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of this sunset review, the Department finds that revocation of the Order would likely lead to continuation or recurrence of dumping, at the levels indicated in the ‘‘Final Results of Sunset Review’’ section of this notice, infra. DATES: Effective Date: September 7, 2011. AGENCY: FOR FURTHER INFORMATION CONTACT: Brooke Kennedy; AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: 202–482–3818. SUPPLEMENTARY INFORMATION: [FR Doc. 2011–22852 Filed 9–6–11; 8:45 am] BILLING CODE 3510–DS–P emcdonald on DSK5VPTVN1PROD with NOTICES DEPARTMENT OF COMMERCE Background 2 See Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Initiation of Antidumping Duty New Shipper Review, 76 FR 16384 (March 23, 2011). VerDate Mar<15>2010 17:37 Sep 06, 2011 Jkt 223001 On May 2, 2011, the Department initiated a sunset review of the order on artist canvas pursuant to section 751(c) of the Act. See Sunset Initiation. On May 17, 2011, the Department received a timely notice of intent to participate PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 55351 in the sunset review from Tara Materials, pursuant to 19 CFR 351.218(d)(1)(i). In accordance with 19 CFR 351.218(d)(1)(ii)(A), Tara Materials claimed interested party status under section 771(9)(C) of the Act as a producer of domestic like product. On June 1, 2011, Tara Materials filed an adequate substantive response in the sunset review, within the 30-day deadline as specified in 19 CFR 351.218(d)(3)(i). The Department did not receive a substantive response from any respondent interested party in the sunset review. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an expedited sunset review of the Order. Scope of the Order The products covered by the order are artist canvases regardless of dimension and/or size, whether assembled or unassembled, that have been primed/ coated, whether or not made from cotton, whether or not archival, whether bleached or unbleached, and whether or not containing an ink receptive top coat. Priming/coating includes the application of a solution, designed to promote the adherence of artist materials, such as paint or ink, to the fabric. Artist canvases (i.e., prestretched canvases, canvas panels, canvas pads, canvas rolls (including bulk rolls that have been primed), printable canvases, floor cloths, and placemats) are tightly woven prepared painting and/or printing surfaces. Artist canvas and stretcher strips (whether or not made of wood and whether or not assembled) included within a kit or set are covered by the order. Artist canvases subject to the order are currently classifiable under subheadings 5901.90.20.00 and 5901.90.40.00 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Specifically excluded from the scope of the order are tracing cloths, ‘‘paint-by-number’’ or ‘‘paint-ityourself’’ artist canvases with a copyrighted preprinted outline, pattern, or design, whether or not included in a painting set or kit.1 Also excluded are stretcher strips, whether or not made from wood, so long as they are not incorporated into artist canvases or sold as part of an artist canvas kit or set. While the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of the order is dispositive. 1 Artist canvases with a non-copyrighted preprinted outline, pattern, or design are included in the scope, whether or not included in a painting set or kit. E:\FR\FM\07SEN1.SGM 07SEN1 55352 Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Notices Analysis of Comments Received emcdonald on DSK5VPTVN1PROD with NOTICES A complete discussion of all issues raised in this sunset review is addressed in the accompanying Issues and Decision Memorandum, which is hereby adopted by this notice. See the Department’s memorandum entitled, ‘‘Issues and Decision Memorandum for the Final Results of the Expedited First Sunset Review of the Antidumping Duty Order on Certain Artist Canvas from the People’s Republic of China,’’ dated August 31, 2011 (‘‘I&D Memo’’). The issues discussed in the accompanying I&D Memo include the likelihood of continuation or recurrence of dumping and the magnitude of the dumping margin likely to prevail if the Order is revoked. Parties can obtain a public copy of the I&D Memo on file in the Central Records Unit, room 7046, of the main Commerce building. In addition, a complete public copy of the I&D Memo can be accessed directly on the Web at https://ia.ita.doc.gov/frn. The paper copy and electronic version of the I&D Memo are identical in content. Weightedaverage margin (percent) Exporters/producers Jiangsu By-products/Su Yang Yinying Stationery and Sports Products Co. Ltd. Corp. .......................... PRC–Wide Entity .................. the review with respect to two additional companies. DATES: Effective Date: September 7, 2011. FOR FURTHER INFORMATION CONTACT: Dena Crossland (Maquilacero), Brian Davis (Regiopytsa), or Edythe Artman, 77.90 AD/CVD Operations, Office 7, Import 264.09 Administration, International Trade Administration, U.S. Department of Notification Regarding Administrative Commerce, 14th Street and Constitution Protective Order Avenue, NW., Washington, DC 20230; This notice also serves as the only telephone: (202) 482–3362, (202) 482– reminder to parties subject to 7924, or (202) 482–3931, respectively. administrative protective order (‘‘APO’’) SUPPLEMENTARY INFORMATION: of their responsibility concerning the Period of Review return or destruction of proprietary information disclosed under APO in The period of review (POR) is August accordance with 19 CFR 351.305. 1, 2009, through July 31, 2010. Timely notification of the return or Scope of the Order destruction of APO materials or conversion to judicial protective order is The merchandise that is the subject of hereby requested. Failure to comply this order is certain welded carbonwith the regulations and terms of an quality light-walled steel pipe and tube, APO is a violation which is subject to of rectangular (including square) cross sanction. section, having a wall thickness of less We are issuing and publishing these than 4 mm. The term carbon-quality steel results and notice in accordance with sections 751(c), 752, and 777(i)(1) of the includes both carbon steel and alloy Final Results of Sunset Review steel which contains only small Act. amounts of alloying elements. Pursuant to section 751(c) of the Act, Dated: August 30, 2011. Specifically, the term carbon-quality the Department determines that Ronald K. Lorentzen, includes products in which none of the revocation of the Order on artist canvas Deputy Assistant Secretary for Import elements listed below exceeds the would likely lead to continuation or Administration. quantity by weight respectively recurrence of dumping. The Department [FR Doc. 2011–22864 Filed 9–6–11; 8:45 am] indicated: 1.80 percent of manganese, or also determines that the dumping BILLING CODE 3510–DS–P 2.25 percent of silicon, or 1.00 percent margins likely to prevail if the Order of copper, or 0.50 percent of aluminum, was revoked are as follows: or 1.25 percent of chromium, or 0.30 DEPARTMENT OF COMMERCE percent of cobalt, or 0.40 percent of Weightedlead, or 1.25 percent of nickel, or 0.30 average International Trade Administration Exporters/producers margin percent of tungsten, or 0.10 percent of (percent) molybdenum, or 0.10 percent of [A–201–836] niobium, or 0.15 percent vanadium, or Ningbo Conda/Jinhua Uni0.15 percent of zirconium. The versal ................................. 264.09 Light-Walled Rectangular Pipe and description of carbon-quality is Tube From Mexico: Preliminary Ningbo Conda/Wuxi Silver intended to identify carbon-quality Results and Partial Rescission of Eagle Cultural Goods Co. products within the scope. The welded Ltd. .................................... 264.09 Antidumping Duty Administrative carbon-quality rectangular pipe and Conda Painting/Wuxi PegReview tube subject to this order is currently asus Cultural Goods Co. Ltd. .................................... 264.09 AGENCY: Import Administration, classified under the Harmonized Tariff International Trade Administration, Jinhua Universal/Jinhua UniSchedule of the United States (HTSUS) versal ................................. 264.09 Department of Commerce. subheadings 7306.61.50.00 and SUMMARY: In response to requests for an Phoenix Materials/Phoenix 7306.61.70.60. While HTSUS Materials ............................ 77.90 administrative review, the Department subheadings are provided for Phoenix Materials/Phoenix of Commerce (the Department) is convenience and Customs purposes, our Stationary .......................... 77.90 conducting an administrative review of written description of the scope of this Phoenix Materials/Shuyang the antidumping duty order on lightorder is dispositive. Phoenix ............................. 77.90 walled rectangular pipe and tube (LWR Phoenix Stationary/Phoenix pipe and tube) from Mexico. The review Background Materials ............................ 77.90 covers imports of subject merchandise On August 5, 2008, the Department Phoenix Stationary/Phoenix of two respondent companies during the published the antidumping duty order Stationary .......................... 77.90 period August 1, 2009, through July 31, on LWR pipe and tube from Mexico in Phoenix Stationary/Shuyang the Federal Register. See Light-Walled Phoenix ............................. 77.90 2010. For these preliminary results, we have found that both respondents made Rectangular Pipe and Tube from Jiangsu By-products/Wuxi sales of subject merchandise at less than Mexico, the People’s Republic of China, Yinying Stationery and normal value during the period of and the Republic of Korea: Antidumping Sports Products Co. Ltd. Corp. ................................. 77.90 review. In addition, we have rescinded Duty Orders; Light-Walled Rectangular VerDate Mar<15>2010 17:37 Sep 06, 2011 Jkt 223001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\07SEN1.SGM 07SEN1

Agencies

[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Notices]
[Pages 55351-55352]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22864]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-899]


Artist Canvas from the People's Republic of China: Final Results 
of the Expedited First Sunset Review of the Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 2, 2011, the Department of Commerce (``Department'') 
initiated the first sunset review of the antidumping duty order on 
artist canvas from the People's Republic of China (``PRC'') pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (``Act''). See 
Initiation of Five-Year (``Sunset'') Review, 76 FR 24459 (May 2, 2011) 
(``Sunset Initiation''); see also Notice of Antidumping Duty Order: 
Certain Artist Canvas from the People's Republic of China, 71 FR 31154 
(June 1, 2006) (``Order''). On May 17, 2011, Tara Materials, Inc. 
(``Tara Materials''), the petitioner in the artist canvas 
investigation, notified the Department that it intended to participate 
in the sunset review. The Department did not receive a substantive 
response from any respondent party. Based on the notice of intent to 
participate and adequate response filed by the domestic interested 
party, and the lack of response from any respondent interested party, 
the Department conducted an expedited sunset review of the Order 
pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2). As a result of this sunset review, the 
Department finds that revocation of the Order would likely lead to 
continuation or recurrence of dumping, at the levels indicated in the 
``Final Results of Sunset Review'' section of this notice, infra.

DATES: Effective Date: September 7, 2011.

FOR FURTHER INFORMATION CONTACT: Brooke Kennedy; AD/CVD Operations, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: 202-482-3818.

SUPPLEMENTARY INFORMATION: 

Background

    On May 2, 2011, the Department initiated a sunset review of the 
order on artist canvas pursuant to section 751(c) of the Act. See 
Sunset Initiation. On May 17, 2011, the Department received a timely 
notice of intent to participate in the sunset review from Tara 
Materials, pursuant to 19 CFR 351.218(d)(1)(i). In accordance with 19 
CFR 351.218(d)(1)(ii)(A), Tara Materials claimed interested party 
status under section 771(9)(C) of the Act as a producer of domestic 
like product.
    On June 1, 2011, Tara Materials filed an adequate substantive 
response in the sunset review, within the 30-day deadline as specified 
in 19 CFR 351.218(d)(3)(i). The Department did not receive a 
substantive response from any respondent interested party in the sunset 
review. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 
CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an expedited 
sunset review of the Order.

Scope of the Order

    The products covered by the order are artist canvases regardless of 
dimension and/or size, whether assembled or unassembled, that have been 
primed/coated, whether or not made from cotton, whether or not 
archival, whether bleached or unbleached, and whether or not containing 
an ink receptive top coat. Priming/coating includes the application of 
a solution, designed to promote the adherence of artist materials, such 
as paint or ink, to the fabric. Artist canvases (i.e., pre-stretched 
canvases, canvas panels, canvas pads, canvas rolls (including bulk 
rolls that have been primed), printable canvases, floor cloths, and 
placemats) are tightly woven prepared painting and/or printing 
surfaces. Artist canvas and stretcher strips (whether or not made of 
wood and whether or not assembled) included within a kit or set are 
covered by the order.
    Artist canvases subject to the order are currently classifiable 
under subheadings 5901.90.20.00 and 5901.90.40.00 of the Harmonized 
Tariff Schedule of the United States (``HTSUS''). Specifically excluded 
from the scope of the order are tracing cloths, ``paint-by-number'' or 
``paint-it-yourself'' artist canvases with a copyrighted preprinted 
outline, pattern, or design, whether or not included in a painting set 
or kit.\1\ Also excluded are stretcher strips, whether or not made from 
wood, so long as they are not incorporated into artist canvases or sold 
as part of an artist canvas kit or set. While the HTSUS subheadings are 
provided for convenience and customs purposes, our written description 
of the scope of the order is dispositive.
---------------------------------------------------------------------------

    \1\ Artist canvases with a non-copyrighted preprinted outline, 
pattern, or design are included in the scope, whether or not 
included in a painting set or kit.

---------------------------------------------------------------------------

[[Page 55352]]

Analysis of Comments Received

    A complete discussion of all issues raised in this sunset review is 
addressed in the accompanying Issues and Decision Memorandum, which is 
hereby adopted by this notice. See the Department's memorandum 
entitled, ``Issues and Decision Memorandum for the Final Results of the 
Expedited First Sunset Review of the Antidumping Duty Order on Certain 
Artist Canvas from the People's Republic of China,'' dated August 31, 
2011 (``I&D Memo''). The issues discussed in the accompanying I&D Memo 
include the likelihood of continuation or recurrence of dumping and the 
magnitude of the dumping margin likely to prevail if the Order is 
revoked. Parties can obtain a public copy of the I&D Memo on file in 
the Central Records Unit, room 7046, of the main Commerce building. In 
addition, a complete public copy of the I&D Memo can be accessed 
directly on the Web at https://ia.ita.doc.gov/frn. The paper copy and 
electronic version of the I&D Memo are identical in content.

Final Results of Sunset Review

    Pursuant to section 751(c) of the Act, the Department determines 
that revocation of the Order on artist canvas would likely lead to 
continuation or recurrence of dumping. The Department also determines 
that the dumping margins likely to prevail if the Order was revoked are 
as follows:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                   Exporters/producers                        margin
                                                             (percent)
------------------------------------------------------------------------
Ningbo Conda/Jinhua Universal...........................          264.09
Ningbo Conda/Wuxi Silver Eagle Cultural Goods Co. Ltd...          264.09
Conda Painting/Wuxi Pegasus Cultural Goods Co. Ltd......          264.09
Jinhua Universal/Jinhua Universal.......................          264.09
Phoenix Materials/Phoenix Materials.....................           77.90
Phoenix Materials/Phoenix Stationary....................           77.90
Phoenix Materials/Shuyang Phoenix.......................           77.90
Phoenix Stationary/Phoenix Materials....................           77.90
Phoenix Stationary/Phoenix Stationary...................           77.90
Phoenix Stationary/Shuyang Phoenix......................           77.90
Jiangsu By-products/Wuxi Yinying Stationery and Sports             77.90
 Products Co. Ltd. Corp.................................
Jiangsu By-products/Su Yang Yinying Stationery and                 77.90
 Sports Products Co. Ltd. Corp..........................
PRC-Wide Entity.........................................          264.09
------------------------------------------------------------------------

Notification Regarding Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation which is 
subject to sanction.
    We are issuing and publishing these results and notice in 
accordance with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: August 30, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-22864 Filed 9-6-11; 8:45 am]
BILLING CODE 3510-DS-P
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