Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 25401-25404 [2012-10238]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 77, Number 83 (Monday, April 30, 2012)]
[Notices]
[Pages 25401-25404]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10238]



[[Page 25401]]

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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 March anniversary dates. 
In accordance with the Department's regulations, we are initiating 
those administrative reviews.

DATES: Effective Date: April 30, 2012.

FOR FURTHER INFORMATION CONTACT: Brenda E. 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 March anniversary dates.
    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 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

[[Page 25402]]

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.
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    \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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    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 March 31, 2013.

------------------------------------------------------------------------
                                                          Period to be
                                                            reviewed
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             Antidumping Duty Proceedings
 
Brazil:
    Orange Juice, A-351-840..........................      3/1/11-3/8/11
    Citrovita Agro Industrial Ltd.
    Coinbra-Frutesp S.A.\3\
    Fischer S.A Comercio, Industria, and Agricultura
    Montecitrus Trading S.A.
    Sucocitrico Cutrale Ltda.
France:
    Brass Sheet and Strip, A-427-602.................     3/1/11-2/29/11
    Griset SA
    KME France
Germany:
    Brass Sheet and Strip, A-428-602.................     3/1/11-2/29/12
    Aurubis Stolberg GmbH & Co. KG
    Carl Schreiber GmbH
    KME Germany AG & Co. KG
    Messingwerk Plettenberg Herfeld GmbH & Co. KG
    MKM Mansfelder Kupfer & Messing GmbH
    Schlenk Metallfolien GmbH & Co. KG
    Schwermetall Halbzeugwerk GmbH & Co. KG
    Sundwiger Messingwerke GmbH & Co. KG
    ThyssenKrupp VDM GmbH
    Wieland-Werke AG
Italy:
    Brass Sheet and Strip, A-475-601.................     3/1/11-2/29/12
    KME Italy SpA
Republic of Korea:
    Certain Cut-to-Length Carbon-Quality Steel            2/1/11-1/31/12
     Plate,\4\ A-580-836.............................
    Daewoo International Corp.
Taiwan:
    Polyvinyl Alcohol, A-583-841.....................     3/1/11-2/29/12

[[Page 25403]]

 
    Chang Chun Petrochemical Co., Ltd.
Thailand:
    Certain Welded Carbon Steel Pipe and Tubes, A-549-    3/1/11-2/29/12
     502.............................................
    Pacific Pipe Public Company Limited
    Saha Thai Steel Pipe (Public) Company, Ltd.
The People's Republic of China:
    Certain Frozen Warmwater Shrimp,\5\ A-570-893....     2/1/11-1/31/12
    Glycine,\6\ A-570-836............................     3/1/11-2/29/12
    A&A Pharmachem Inc.
    Advance Exports
    AICO Laboratories India Ltd.
    Avid Organics Pvt. Ltd.
    Baoding Mantong Fine Chemistry Co., Ltd.
    Chiyuen International Trading Ltd.
    E-Heng Import and Export Co., Ltd.
    General Ingredient Inc.
    Hebei Donghua Chemical General Corporation
    Hebei Donghua Jiheng Fine Chemical Co., Ltd.
    Jiangsu Dongchang Chemical
    Jizhou City Huayang Chemical Co., Ltd.
    Kissner Milling Co. Ltd.
    Nantong Dongchang Chemical Industrial Co. Ltd.
    Ningbo Create-Bio Engineering Co. Ltd.
    Nutracare International
    Paras Intermediates Pvt. Ltd.
    Qingdao Samin Chemical Co., Ltd.
    Ravi Industries
    Salvi Chemical Industries
    Shanghai Waseta International Trading
    Showa Denko K.K.
    Tianjin Tiancheng Pharmaceutical Company
    Wisent Pharma Inc.
    XPAC Technologies Inc.
    Yuki Gosei Kogyo Co., Ltd.
    Sodium Hexametaphosphate,\7\ A-570-908...........     3/1/11-2/29/12
    Aditya Birla Chemicals (Thailand) Ltd.
    Anhui Technology Import & Export Co., Ltd.
    Anshan Career Economic Trade Co., Ltd.
    Blue Science Limited
    Boon Stream Chemical International Trade
    Chengdu Boon Stream Chemical Industry Co., Ltd.
    Dezhou Hualude Hardware Products Co. Ltd.
    Gatehouse International Freight Ltd.
    Henan Sinchems Imp and Exp Co., Ltd.
    Hubei Xingfa Chemical Group Co., Ltd.
    Hubei Xingfa Chemical Export Import Co. Ltd.
    Rushan Wooyoung Trading Co., Ltd.
    Sichuan Mianzhu Norwest Phosphate Co.
    Unison Chemical Industrial Co, Ltd.
    Zhejiang Chun-an Foreign Trade Co.
Socialist Republic of Vietnam:
    Frozen Warmwater Shrimp,\8\ A-552-802............     2/1/11-1/31/12
 
           Countervailing Duty Proceedings
 
The People's Repubic of China:
    Drill Pipe, C-570-966............................    3/3/11-12/31/11
    Shanxi Yida Special Steel Imp. & Exp. Co., Ltd.
Turkey:
    Welded Carbon Steel Pipe and Tube, C-489-502.....    1/1/11-12/31/11
    Borusan Group
    Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
    Borusan Istikbal Ticaret T.A.S.
    ERBOSAN Erciyas Boru Sanayi ve Ticaret A.S.
    Tosyali dis Ticaret A.S.
    Toscelik Profil ve Sac Endustisi A.S.
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Suspension Agreements

    None.
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    \3\ The Department has preliminarily determined that Louis 
Dreyfus Commodities Agroindustrial S.A. is the successor-in-interest 
to Coinbra-Frutesp S.A. See Certain Orange Juice from Brazil: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary No Shipment Determination, 77 FR 21724, 21726 (April 11, 
2012).
    \4\ The company name listed below was misspelled in the 
initiation notice that published on March 30, 2012 (77 FR 19179). 
The correct spelling of the company is listed in this notice.
    \5\ In the initiation notice that published on March 30, 2012 
(77 FR 19179), covering cases with the February anniversary dates, 
the Department inadvertently stated that it had received a timely 
request to revoke in part the antidumping duty order on Certain 
Frozen Warmwater Shrimp from the PRC with respect to one exporter, 
however, the Department actually received timely requests with 
respect to two exporters.
    \6\ If one of the above-named companies does not qualify for a 
separate rate, all other exporters of Glycine 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.
    \7\ If the above-named company does not qualify for a separate 
rate, all other exporters of Sodium Hexametaphosphate 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\ In the initiation notice that published on March 30, 2012 
(77 FR 19179), covering cases with February anniversary dates, the 
Department inadvertently did not note that it had received timely 
requests to revoke in part the antidumping duty order on Certain 
Frozen Warmwater Shrimp from Vietnam with respect to two exporters.

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[[Page 25404]]

    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 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 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: April 20, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2012-10238 Filed 4-27-12; 8:45 am]
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