Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 74041-74044 [2011-30857]
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Federal Register / Vol. 76, No. 230 / Wednesday, November 30, 2011 / Notices
First, in response to a notice of
inquiry, ‘‘Request for Public Comments
on a Systematic Review of the
Commerce Control List,’’ published in
the Federal Register on July 17, 2007,
BIS received public comments stating
that the CCL was not keeping pace with
technology and suggesting that
university experts play a greater role in
updating the list.
Second, on December 20, 2007, the
DEAC submitted its final report, The
Deemed Export Rule in the Era of
Globalization, to the Secretary of
Commerce. The DEAC recommended
that BIS create a panel of outside
experts in the field of science and
engineering to conduct a ‘‘zero-based’’
annual review of the list of technologies
on the CCL subject to deemed export
licensing policy. The DEAC also
suggested that the Department increase
the focus on and ‘‘build higher fences
around those elements of technical
knowledge that could have the greatest
consequences in the national/homeland
security sphere by systematically
reviewing the Commerce Control List,
with advice from independent experts,
to eliminate those items and
technologies that have little or no such
consequences.’’
The DEAC’s recommendations
contained in the report constitute a
written request from representatives of a
substantial segment of an industry that
produces goods or technology subject to
export controls, a requirement under
section 5(h) of the EAA for the
establishment of a technical advisory
committee. Specifically, the DEAC’s
members were senior officials with
significant experience in business,
educational research, and national
homeland security matters related to
scientific and engineering knowledge.
As such, there represented a substantial
segment of an affected industry that
produces items subject to export
controls, namely, the U.S. technology
community, which is engaged in
producing technical data and providing
technical assistance.
Finally, the President issued a DualUse Trade Reform directive on January
22, 2008, that called for export controls
to be constantly reassessed to ensure
that they control the export and reexport
of sensitive items while minimizing
their impact on U.S. economic
competitiveness and innovation. In
order to meet this objective, the
President directed the Secretary of
Commerce to develop a regularized
process that would consider input by
technical advisory committees in the
review and updating of the CCL.
The ETRAC is charged with
identifying emerging technologies and
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research and development activities that
may be of interest from a dual-use
perspective, prioritizing new and
existing controls related to deemed
exports to determine which are of
greatest consequence to national
security, and examining how research is
performed to understand the impact that
the Export Administration Regulations
have on academia, federal laboratories,
and industry.
Emerging Technology and Research
Advisory Committee (ETRAC): Notice of
Recruitment of Members. The
membership is drawn from both private
and public sectors, based on the
description below as well as the charter.
BIS is recruiting members for the
ETRAC. The ETRAC consists of a
maximum of 28 members and will
feature a balanced membership that will
include diverse points of view. It will
consist of experts drawn equally from
academia, federal laboratories, and
industry to ensure a comprehensive
discussion of emerging technologies and
research and development activities and
their implications with regard to
national and economic security. ETRAC
members will be appointed by the
Secretary of Commerce and serve a term
of not more than four consecutive years.
Each member must be able to qualify for
a Secret clearance prior to appointment.
These clearances are necessary so that
members may be permitted access to
sensitive intelligence and law
enforcement information related to the
ETRAC’s mission. The ETRAC will also
reach out to other government and nongovernment experts to ensure a broad
and thorough review of the issues.
To respond to the recruitment notice,
please send a copy of your resume to
Ms. Yvette Springer at
Yvette.springer@bis.doc.gov.
Dated: November 21, 2011.
Yvette Springer,
Committee Liaison Officer.
[FR Doc. 2011–30439 Filed 11–25–11; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation
in Part
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
AGENCY:
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74041
countervailing duty orders and findings
with October anniversary dates. In
accordance with the Department’s
regulations, we are initiating those
administrative reviews. The Department
also received a request to revoke one
antidumping duty order in part.
DATES: Effective Date: November 30,
2011.
FOR FURTHER INFORMATION CONTACT:
Brenda Waters, 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) 482–4735.
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 October
anniversary dates. The Department also
received a timely request to revoke in
part the antidumping duty order on
Steel Wire Garment Hangers from the
People’s Republic of China 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
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emcdonald on DSK5VPTVN1PROD with NOTICES
74042
Federal Register / Vol. 76, No. 230 / Wednesday, November 30, 2011 / Notices
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
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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
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
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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
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.
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Federal Register / Vol. 76, No. 230 / Wednesday, November 30, 2011 / Notices
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.
74043
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 October 31, 2012.
Period to be reviewed
Antidumping Duty Proceedings
MEXICO: Carbon and Certain Alloy Steel Wire Rod A–201–830 ......................................................................................
DeAcero S.A. de C.V.
Certain Magnesia Carbon Bricks 3 A–201–837 ............................................................................................................
emcdonald on DSK5VPTVN1PROD with NOTICES
Hangers 4
THE PEOPLE’S REPUBLIC OF CHINA: Steel Wire Garment
A–570–918 ......................................................
Angang Clothes Rack Manufacture
Angang Clothes Rack Manufacture Co.,
Brightwell (Hong Kong) Enterprise Ltd.
Delmar International (China) Inc.
Hangzhou Chenyang Plastic Dipping Co., Ltd.
Hezhou City Yaolong Trade Co Ltd.
Jiaxing Boyi Medical Device Co. Ltd.
Jingdezhen Honghe Im. & Ex. Trade Co. Ltd.
Kingtex Imp & Exp Co., Ltd.
Laidlaw Company LLC
Mao’s Clothes Hangers Co., Ltd.
Ningbo Beilun Huafa Metal Products
Ningbo Dasheng Hanger Ind. Co., Ltd.
Pujiang County Command Metal Products Co., Ltd.
Quanzhou Xiongxin Trade Co., Ltd.
Quyky Yanglei International Co., Ltd.
Shaan Xi Succeed Trading Co., Ltd.
Shandong Autjinrong Found-Assemble Co., Ltd.
Shanghai Almex Co., Ltd.
Shanghai China Light Industry International
Shanghai Jianhai International Trade Co., Ltd.
Shanghai Jinda Imp & Exp Inc.
Shanghai M2M Imp. Exp. Co., Ltd.
Shanghai Mosta Wath & Clock Imp. Exp.
Shanghai Ruishan Metal Products Co., Ltd.
Shanghai Sagacity International
Shanghai Sanmao Import & Export
Shanghai Shengsing Enterprise Co.
Shanghai Textile Raw Materials
Shanghai Textile United Co., Ltd.
Shanghai Wells Hanger Co., Ltd.
Shanghai Yangfan Industrial Co., Ltd.
Shanghai Zhonghui Intl Trade Co., Ltd.
Shangyu Baoxiang Metal Manufactured Co., Ltd
Shaoxing Andrew Metal Manufactured
Shaoxing Dingli Metal Clotheshorse
Shaoxing Gangyuan Metal Manufacture
Shaoxing Guochao Metallic Products Co., Ltd.
Shaoxing Kinglaw Metal Products Co., Ltd.
Shaoxing Leiluo Metal Manufactured
Shaoxing Liangbao Metal Manufactured Co., Ltd.
Shaoxing Meideli Metal Hanger Co., Ltd.
Shaoxing Shunji Metal Clotheshorse Co., Ltd.
Shaoxing Tongzhou Metal Manufactured Co., Ltd.
Shaoxing Yuan Metal Manufactured Co., Ltd.
Shaoxing Zhongbao Metal Manufactured Co., Ltd.
Shenzhen SED Industry Co., Ltd. a/k/a Shenzhen SED Electronics Co.
Suzhou Daoyuan Import & Export Co., Ltd.
Suzhou Hengsheng Import & Export Co., Ltd.
Wesken International (Kunshan) Co., Ltd.
Winwell Industrial Ltd.
Yiwu An’Tai Imp. Exp. Co., Ltd.
Yiwu Ao-Si Metal Products Co., Ltd.
Zhejiang Jiashan Rigging Industry Co., Ltd.
Zhejiang Lucky Cloud Hanger Co., Ltd.
Zhejiang Perfect Arts & Crafts Co., Ltd.
Zhejiang Taizhou Hongda Metal Products Co., Ltd. (a/k/a Taizhou Hongda Metal Material Co., Ltd.)
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10/1/10–9/30/11
3/11/10–9/6/10 &
9/16/10–8/31/11
10/1/10–9/30/11
74044
Federal Register / Vol. 76, No. 230 / Wednesday, November 30, 2011 / Notices
Period to be reviewed
Zhejiang Willing Foreign Trading Co. Ltd.
Zhuocheng Plastic Co., Ltd.
Countervailing Duty Proceedings
None
Suspension Agreements
None
Duringany administrative review
covering all or part of a period falling
between the first and second or third
and fourth anniversary of the
publication of an antidumping duty
order under 19 CFR 351.211 or a
determination under 19 CFR
351.218(f)(4) to continue an order or
suspended investigation (after sunset
review), the Secretary, if requested by a
domestic interested party within 30
days of the date of publication of the
notice of initiation of the review, will
determine, consistent with FAG Italia 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 period of review.
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
emcdonald on DSK5VPTVN1PROD with NOTICES
3 In
the initiation notice that published on
October 31, 2011 (76 FR 67133), the period of
review for the above referenced case was incorrect.
The period listed above is the correct period of
review for this case.
4 If one of the above named companies does not
qualify for a separate rate, all other exporters of
Steel Wire Garment Hangers from the People’s
Republic of China (‘‘PRC’’) who have not qualified
for a separate rate are deemed to be covered by this
review as part of the single PRC entity of which the
named exporters are a part.
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that the 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: November 18, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2011–30857 Filed 11–29–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–357–812]
Honey From Argentina: Final Results
of Antidumping Duty New Shipper
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 31, 2011, the
Department of Commerce (the
Department) published its preliminary
results of the 2009–2010 new shipper
AGENCY:
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review of the antidumping duty order
on honey from Argentina.1 This review
covers one exporter, Villamora S.A.
(Villamora).2 The period of review
(POR) is December 1, 2009 through
November 30, 2010. We invited
interested parties to comment on the
Preliminary Results and received no
comments. Therefore, our final results
remain unchanged from our Preliminary
Results.
DATES: Effective Date: November 30,
2011.
FOR FURTHER INFORMATION CONTACT:
Patrick Edwards or Ericka Ukrow, Office
7, Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–8029 or
(202) 482–0405, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 31, 2011, the Department
published in the Federal Register the
preliminary results of the new shipper
review of the antidumping duty order
on honey from Argentina. See
Preliminary Results. We invited parties
to comment on the Preliminary Results.
We received neither comments nor a
request for a hearing.
Period of Review
The POR is December 1, 2009 through
November 30, 2010.
Scope of the Order
The merchandise covered by the order
is honey from Argentina. The products
covered are natural honey, artificial
honey containing more than 50 percent
natural honey by weight, preparations of
natural honey containing more than 50
percent natural honey by weight, and
flavored honey. The subject
merchandise includes all grades and
colors of honey whether in liquid,
1 See Honey From Argentina: Preliminary Results
of Antidumping Duty New Shipper Review, 76 FR
54202 (August 31, 2011) (Preliminary Results).
2 The Department determined in its preliminary
results that it was appropriate to treat Enzo Juan
Garaventa and Villamora as a single entity,
pursuant to 19 CFR 351.401(f)(1) and (2). See
Preliminary Results. For a more detailed discussion
of our collapsing analysis, see Affiliation and
Collapsing Memorandum dated August 31, 2011.
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]]>Agencies
[Federal Register Volume 76, Number 230 (Wednesday, November 30, 2011)]
[Notices]
[Pages 74041-74044]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30857]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and Countervailing Duty Administrative
Reviews and Request 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 October anniversary dates.
In accordance with the Department's regulations, we are initiating
those administrative reviews. The Department also received a request to
revoke one antidumping duty order in part.
DATES: Effective Date: November 30, 2011.
FOR FURTHER INFORMATION CONTACT: Brenda Waters, 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-
4735.
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 October anniversary dates.
The Department also received a timely request to revoke in part the
antidumping duty order on Steel Wire Garment Hangers from the People's
Republic of China 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
[[Page 74042]]
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 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
[[Page 74043]]
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 October 31, 2012.
------------------------------------------------------------------------
Period to be reviewed
------------------------------------------------------------------------
Antidumping Duty Proceedings
MEXICO: Carbon and Certain Alloy Steel Wire Rod 10/1/10-9/30/11
A-201-830.....................................
DeAcero S.A. de C.V.
Certain Magnesia Carbon Bricks \3\ A-201- 3/11/10-9/6/10 & 9/16/
837....................................... 10-8/31/11
THE PEOPLE'S REPUBLIC OF CHINA: Steel Wire 10/1/10-9/30/11
Garment Hangers \4\ A-570-918.................
Angang Clothes Rack Manufacture
Angang Clothes Rack Manufacture Co.,
Brightwell (Hong Kong) Enterprise Ltd.
Delmar International (China) Inc.
Hangzhou Chenyang Plastic Dipping Co., Ltd.
Hezhou City Yaolong Trade Co Ltd.
Jiaxing Boyi Medical Device Co. Ltd.
Jingdezhen Honghe Im. & Ex. Trade Co. Ltd.
Kingtex Imp & Exp Co., Ltd.
Laidlaw Company LLC
Mao's Clothes Hangers Co., Ltd.
Ningbo Beilun Huafa Metal Products
Ningbo Dasheng Hanger Ind. Co., Ltd.
Pujiang County Command Metal Products Co.,
Ltd.
Quanzhou Xiongxin Trade Co., Ltd.
Quyky Yanglei International Co., Ltd.
Shaan Xi Succeed Trading Co., Ltd.
Shandong Autjinrong Found-Assemble Co.,
Ltd.
Shanghai Almex Co., Ltd.
Shanghai China Light Industry International
Shanghai Jianhai International Trade Co.,
Ltd.
Shanghai Jinda Imp & Exp Inc.
Shanghai M2M Imp. Exp. Co., Ltd.
Shanghai Mosta Wath & Clock Imp. Exp.
Shanghai Ruishan Metal Products Co., Ltd.
Shanghai Sagacity International
Shanghai Sanmao Import & Export
Shanghai Shengsing Enterprise Co.
Shanghai Textile Raw Materials
Shanghai Textile United Co., Ltd.
Shanghai Wells Hanger Co., Ltd.
Shanghai Yangfan Industrial Co., Ltd.
Shanghai Zhonghui Intl Trade Co., Ltd.
Shangyu Baoxiang Metal Manufactured Co.,
Ltd
Shaoxing Andrew Metal Manufactured
Shaoxing Dingli Metal Clotheshorse
Shaoxing Gangyuan Metal Manufacture
Shaoxing Guochao Metallic Products Co.,
Ltd.
Shaoxing Kinglaw Metal Products Co., Ltd.
Shaoxing Leiluo Metal Manufactured
Shaoxing Liangbao Metal Manufactured Co.,
Ltd.
Shaoxing Meideli Metal Hanger Co., Ltd.
Shaoxing Shunji Metal Clotheshorse Co.,
Ltd.
Shaoxing Tongzhou Metal Manufactured Co.,
Ltd.
Shaoxing Yuan Metal Manufactured Co., Ltd.
Shaoxing Zhongbao Metal Manufactured Co.,
Ltd.
Shenzhen SED Industry Co., Ltd. a/k/a
Shenzhen SED Electronics Co.
Suzhou Daoyuan Import & Export Co., Ltd.
Suzhou Hengsheng Import & Export Co., Ltd.
Wesken International (Kunshan) Co., Ltd.
Winwell Industrial Ltd.
Yiwu An'Tai Imp. Exp. Co., Ltd.
Yiwu Ao-Si Metal Products Co., Ltd.
Zhejiang Jiashan Rigging Industry Co., Ltd.
Zhejiang Lucky Cloud Hanger Co., Ltd.
Zhejiang Perfect Arts & Crafts Co., Ltd.
Zhejiang Taizhou Hongda Metal Products Co.,
Ltd. (a/k/a Taizhou Hongda Metal Material
Co., Ltd.)
[[Page 74044]]
Zhejiang Willing Foreign Trading Co. Ltd.
Zhuocheng Plastic Co., Ltd.
Countervailing Duty Proceedings
None
Suspension Agreements
None
------------------------------------------------------------------------
Duringany administrative review covering all or part of a period
falling between the first and second or third and fourth anniversary of
the publication of an antidumping duty order under 19 CFR 351.211 or a
determination under 19 CFR 351.218(f)(4) to continue an order or
suspended investigation (after sunset review), the Secretary, if
requested by a domestic interested party within 30 days of the date of
publication of the notice of initiation of the review, will determine,
consistent with FAG Italia 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\ In the initiation notice that published on October 31, 2011
(76 FR 67133), the period of review for the above referenced case
was incorrect. The period listed above is the correct period of
review for this case.
\4\ If one of the above named companies does not qualify for a
separate rate, all other exporters of Steel Wire Garment Hangers
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.
---------------------------------------------------------------------------
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 period of review.
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 the 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: November 18, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2011-30857 Filed 11-29-11; 8:45 am]
BILLING CODE 3510-DS-P
