Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 52688-52692 [2012-21499]
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52688
Federal Register / Vol. 77, No. 169 / Thursday, August 30, 2012 / Notices
AMENDED ANTIDUMPING DUTY CASH DEPOSIT RATES (PERCENT)—LAMINATED WOVEN SACKS FROM THE PRC—
Continued
Weighted-average
dumping margin
(investigation) 27
Exporter
Producer
Changle Baodu Plastic Co. Ltd ............................
Zibo Linzi Shuaiqiang Plastics Co. Ltd ................
Zibo Linzi Qitianli Plastic Fabric Co. Ltd ..............
Shandong Youlian Co. Ltd ...................................
Zibo Linzi Luitong Plastic Fabric Co. Ltd .............
Wenzhou Hotson Plastics Co. Ltd .......................
Jiangsu Hotson Plastics Co. Ltd ..........................
Cangnan Color Make The Bag ............................
Zibo Qigao Plastic Cement Co. Ltd .....................
PRC-Wide Entity 29 ...............................................
Changle Baodu Plastic Co. Ltd ............................
Zibo Linzi Shuaiqiang Plastics Co. Ltd ................
Zibo Linzi Qitianli Plastic Fabric Co. Ltd ..............
Shandong Youlian Co. Ltd ...................................
Zibo Linzi Luitong Plastic Fabric Co. Ltd .............
Wenzhou Hotson Plastics Co. Ltd .......................
Jiangsu Hotson Plastics Co. Ltd ..........................
Cangnan Color Make The Bag ............................
Zibo Qigao Plastic Cement Co. Ltd .....................
...............................................................................
64.28
64.28
64.28
64.28
64.28
64.28
64.28
64.28
64.28
91.73
Revised AD cash
deposit rate 28
20.19
20.19
20.19
20.19
20.19
20.19
20.19
20.19
20.19
47.64
AMENDED ANTIDUMPING DUTY CASH DEPOSIT RATES (PERCENT)—LIGHT-WALLED RECTANGULAR PIPE AND TUBE FROM
THE PRC
Weighted-average
dumping margin (investigation) 30
Exporter
Producer
Zhangjiagang Zhongyuan Pipe-Making Co., Ltd
Kunshan Lets Win Steel Machinery Co., Ltd ......
Wuxi Baishun Steel Pipe Co., Ltd .......................
Guangdong Walsall Steel Pipe Industrial Co.,
Ltd.
Wuxi Worldunion Trading Co., Ltd ......................
Weifang East Steel Pipe Co., Ltd .......................
Jiangyin Jianye Metal Products Co., Ltd .............
PRC-Wide Entity 32 ..............................................
Zhangjiagang Zhongyuan Pipe-Making Co., Ltd
Kunshan Lets Win Steel Machinery Co., Ltd ......
Wuxi Baishun Steel Pipe Co., Ltd .......................
Guangdong Walsall Steel Pipe Industrial Co.,
Ltd.
Wuxi Hongcheng Bicycle Material Co., Ltd .........
Weifang East Steel Pipe Co., Ltd .......................
Jiangyin Jianye Metal Products Co., Ltd .............
..............................................................................
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Implementation of the Revised Cash
Deposit Requirements
accordance with section 129(c)(2)(A) of
the URAA.
On August 21, 2012, in accordance
with sections 129(b)(4) and 129(c)(1)(B)
of the URAA and after consulting with
the Department and Congress, the USTR
directed the Department to implement
these final determinations. With respect
to each of these proceedings, unless the
applicable cash deposit rate has been
superseded by intervening
administrative reviews, the Department
will instruct U. S. Customs and Border
Protection to require a cash deposit for
estimated antidumping and
countervailing duties at the appropriate
rate for each exporter/producer
specified above, for entries of subject
merchandise, entered or withdrawn
from warehouse, for consumption, on or
after August 21, 2012. This notice of
implementation of these section 129
final determinations is published in
Dated: August 23, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
27 See Laminated Woven Sacks from the People’s
Republic of China: Final Determination of Sales at
Less Than Fair Value and Partial Affirmative
Determination of Critical Circumstances, 73 FR
35646, 35648 (June 24, 2008).
28 See Sacks Section 129 Final Determinations at
39.
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[FR Doc. 2012–21322 Filed 8–29–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation
in Part
Revised AD cash
deposit rate 31
264.64
249.12
249.12
249.12
255.07
247.90
247.90
247.90
249.12
249.12
249.12
264.64
247.90
247.90
247.90
255.07
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 a request to revoke one
antidumping duty order in part.
DATES: Effective Date: August 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:
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) has received
requests to conduct administrative
Background
The Department has received timely
requests, in accordance with 19 CFR
351.213(b), for administrative reviews of
various antidumping and countervailing
29 The PRC-Wide Entity includes Shandong
Shouguang Jianyuanchun Co., Ltd. (‘‘SSJ’’); Han
Shing Chemical Co., Ltd.; Ningbo Yong Feng
packaging Co., Ltd.; and Shandong Qilu Plastic
Fabric Group, Ltd.
30 See Final Determination of Sales at Less Than
Fair Value and Affirmative Determination of
Critical Circumstances, in Part: Light-Walled
Rectangular Pipe and Tube from the People’s
Republic of China, 73 FR 35652, 35654 (June 24,
2008).
31 See LWRPT Section 129 Final Determinations
at 35.
32 The PRC-Wide Entity includes Qingdao
Xiangxing Steel Pipe Co., Ltd.
AGENCY:
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Federal Register / Vol. 77, No. 169 / Thursday, August 30, 2012 / Notices
duty orders and findings with July
anniversary dates. The Department also
received a timely request to revoke in
part the antidumping duty order on
Purified Carboxymethylcellulose from
the Netherlands 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.
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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
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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.
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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
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Federal Register / Vol. 77, No. 169 / Thursday, August 30, 2012 / Notices
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 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, 2013.
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Period to be
Reviewed
Antidumping duty proceedings
Finland: Purified Carboxymethylcellulose, A–405–803 .................................................................................................................
CP Kelco Oy
CP Kelco U.S. Inc
J.M. Huber Corporation
India: Polyethylene Terephthalate (PET) Film, A–533–824 ..........................................................................................................
Ester Industries Limited
Garware Polyester Ltd
Jindal Poly Films Limited
Polplex Corporation Ltd
SRF Limited
Italy: Certain Pasta, A–475–818 ....................................................................................................................................................
Alberto Poiatti S.p.A
Delverde Industrie Alimentari S.p.A
Industria Alimentare Colavita, S.p.A
Pasta Lensi S.r.L
Pastificio Attilio Mastromauro-Pasta Granoro S.r.L
Pastificio Gallo Natale & F. Ili S.r.L
Fiamma Vesuviana S.r.L
Pastificio Zaffiri S.r.L
Rummo S.p.A. Molino e Pastificio
Tandoi Filippo e Adalberto Fratelli S.p.A
Valdigrano di Flavio Pagani S.r.L
Russia Federation: Solid Urea, A–821–801 ..................................................................................................................................
OJSC MCC EuroChem, and production affiliates, OJSC Nevinnomyssky Azot
and OJSC Novomoskovskaya Azot
Tawain: Polyethylene Terephthalate (PET) Film, A–583–837 ......................................................................................................
Nan Ya Plastics Corporation
Shinkong Materials Technology Corporation
The Netherlands: Purified Carboxymethylcellulose, A–421–811 ..................................................................................................
Akzo Nobel Functional Chemicals, B.V
CP Kelco B.V
The People’s Republic Of China: Circular Welded Carbon Quality Steel Pipe,3 A–570–910 ......................................................
3 If the above-named company 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.
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
Guangzhou Juyi Steel Pipes Co., Ltd
Hefei Zijin Steel Tube Manufacturing Co., Ltd
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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7/1/11–6/30/12
7/1/11–6/30/12
7/1/11–6/30/12
7/1/11–6/30/12
7/1/11–6/30/12
7/1/11–6/30/12
a Separate Rate Application. Information regarding
new trade names may be submitted via a Separate
Rate Certification.
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Federal Register / Vol. 77, No. 169 / Thursday, August 30, 2012 / Notices
52691
Period to be
Reviewed
Huludao City Steel Pipe Industrial
Jiangsu Changbao Steel Tube Co., Ltd
Jiangsu Yulong Steel Pipe Co., Ltd
Liaoning Northern Steel Pipe Co., Ltd
MCC Liaoning Dragon Pipe Industries
Shanghai Zhongyou TIPO Steel Pipe Co., Ltd
SPAT Steel International
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
WISCO & CRM Wuhan Material & Trade
Wuxi Fastube Industry Co., Ltd
Xuzhou Global Pipe & Fitting Manufacturing Co., Ltd
Zhejiang Kingland Pipeline Industry Co., Ltd
Zhongjian Jinpei Steel Pipe Co. Ltd
Countervailing Duty Proceedings
India: Polyethylene Terephthalate (PET) Film, C–533–825 ..........................................................................................................
Ester Industries Limited
Garware Polyester Ltd
Jindal Poly Films Limited
Polyplex Corporation Ltd
SRF Limited
Italy: Certain Pasta, C–475–819 ...................................................................................................................................................
Delverde Industrie Alimentari S.p.A
Molino e Pastificio Tomasello S.p.A
Valdigrano di Flavio Pagani S.r.L
The People Republic Of China: Circular Welded Carbon Quality Steel Pipe, C–570–911 ..........................................................
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
Guangzhou Juyi Steel Pipe Co., Ltd
Hefei Zijin Steel Tube Manufacturing Co., Ltd
Huludao City Steel Pipe Industrial
Jiangsu Changbao Steel Tube Co., Ltd
Jiangsu Yulong Steel Pipe Co., Ltd
Liaoning Northern Steel Pipe Co., Ltd
MCC Liaoning Dragon Pipe Industries
Shanghai Zhongyou Tipo Steel
SteelFORCE Far East 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
Xuzhou Global Pipe & Fitting Manufacturing Co., Ltd
Zhejiang Kingland Pipeline Industry Co., Ltd
Zhongjian Jinpei Steel Pipe Co. Ltd
Turkey: Certain Pasta, C–489–806 ...............................................................................................................................................
Marsan Gida Sanayi ve Ticaret A.S
Bellini Gida Sanaya A.S
Eksper Gida Pazarlama San. ve Tic A.S
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Suspension Agreements
None.
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
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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
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1/1/11–12/31/11
1/1/11–12/31/11
1/1/11–12/31/11
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.
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Federal Register / Vol. 77, No. 169 / Thursday, August 30, 2012 / Notices
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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 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 20, 2012.
Gary Taverman,
Senior Advisor for Antidumping and
Countervailing Duty Operations.
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DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
[Docket No. 070321067–2100–03]
NIST Federal Information Processing
Standard (FIPS) 140–3 (Second Draft),
Security Requirements for
Cryptographic Modules; Request for
Additional Comments
National Institute of Standards
and Technology (NIST), Commerce.
ACTION: Notice and Request for
Comments.
AGENCY:
The National Institute of
Standards and Technology (NIST) seeks
additional comments on specific
sections of Federal Information
Processing Standard 140–3 (Second
Draft), Security Requirements for
Cryptographic Modules, to clarify and
resolve inconsistencies in the public
comments received in response to the
Federal Register (74 FR 91333) notice of
December 11, 2009. The draft standard
is proposed to supersede FIPS 140–2.
DATES: Comments must be received on
or before October 1, 2012.
ADDRESSES: Written comments may be
sent to: Chief, Computer Security
Division, Information Technology
Laboratory, Attention: Dr. Michaela
Iorga, 100 Bureau Drive, Mail Stop 8930,
National Institute of Standards and
Technology, Gaithersburg, MD 20899–
8930. Electronic comments may also be
sent to: FIPS140-3@nist.gov, with a
Subject: ‘‘Additional Comments-FIPS
140–3 (Second Draft).’’
The current FIPS 140–2 standard can
be found at: https://csrc.nist.gov/
publications/PubsFIPS.html.
FOR FURTHER INFORMATION CONTACT: Dr.
Michaela Iorga, Computer Security
Division, 100 Bureau Drive, Mail Stop
8930, National Institute of Standards
and Technology, Gaithersburg, MD
20899–8930, Telephone (301) 975–8431.
SUPPLEMENTARY INFORMATION: FIPS 140–
1, Security Requirements for
Cryptographic Modules, was issued in
1994 and was superseded by FIPS 140–
2 in 2001. FIPS 140–2 identifies
requirements for four security levels for
cryptographic modules to provide for a
wide spectrum of data sensitivity (e.g.,
low value administrative data, million
dollar funds transfers, and life
protecting data), and a diversity of
application environments.
In 2005, NIST announced that it
planned to develop FIPS 140–3 and
solicited public comments on new and
revised requirements for cryptographic
systems. On January 12, 2005, a notice
SUMMARY:
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was published in the Federal Register
(70 FR 2122), soliciting public
comments on a proposed revision of
FIPS 140–2. The comments received by
NIST supported reaffirmation of the
standard, but suggested technical
modifications to address advances in
technology that had occurred after the
standard had been approved. Using
these comments, NIST prepared a Draft
FIPS 140–3 (hereafter referred to as the
‘‘2007 Draft’’), which was announced in
the Federal Register (72 FR 38566) for
review and comment on July 13, 2007.
Using the comments received in
response to the July 13, 2007, notice and
the feedback on requirements for
software cryptographic modules
obtained during the March 18, 2008,
‘‘FIPS 140–3 Software Security
Workshop,’’ NIST developed the
‘‘Revised Draft FIPS 140–3’’ (hereafter
referred to as ‘‘2009 Draft’’), that was
announced in the Federal Register (74
FR 65753) on December 11, 2009. The
2009 Draft and its Annexes and can be
found at: https://csrc.nist.gov/
publications/PubsDrafts.html.
The comments received in response to
the December 11, 2009, request for
comments suggested either modifying
requirements or applying the
requirements at a different security
level. Some comments asked for
clarification of the text of the standard,
and some recommended editorial and
formatting changes. None of the
comments received opposed the
approval of a revised standard.
During the process of addressing the
public comments received in response
to the Request for Comments published
in the Federal Register on December 11,
2009 (74 FR 65753), NIST determined
that additional feedback is required to
resolve gaps and inconsistencies
between the comments for particular
sections of the ‘‘Second Draft FIPS 140–
3.’’ As a result, NIST is requesting
additional public comments on several
sections, as indicated below in the
Request for Comments section of this
notice, to support comment resolution.
Comments on any sections of the
‘‘Second Draft FIPS 140–3’’ not
identified in the Request for Comments
section will not be considered.
Request for Comments: Even though
NIST has resolved a majority of the
issues raised by the public comments on
the ‘‘2009 Draft,’’ NIST is requesting
additional comments only on the
following sections and sub-sections to
resolve gaps and inconsistencies
between the comments.
4.2.2 Trusted Channel—the
comments suggested that NIST should
not mandate the implementation of a
trusted channel at Security Level 3 and
E:\FR\FM\30AUN1.SGM
30AUN1
]]>Agencies
[Federal Register Volume 77, Number 169 (Thursday, August 30, 2012)]
[Notices]
[Pages 52688-52692]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21499]
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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 July 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: August 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
[[Page 52689]]
duty orders and findings with July anniversary dates. The Department
also received a timely request to revoke in part the antidumping duty
order on Purified Carboxymethylcellulose from the Netherlands 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 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
[[Page 52690]]
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, 2013.
------------------------------------------------------------------------
Period to be
Reviewed
------------------------------------------------------------------------
Antidumping duty proceedings
Finland: Purified Carboxymethylcellulose, A-405-803.. 7/1/11-6/30/12
CP Kelco Oy
CP Kelco U.S. Inc
J.M. Huber Corporation
India: Polyethylene Terephthalate (PET) Film, A-533- 7/1/11-6/30/12
824.................................................
Ester Industries Limited
Garware Polyester Ltd
Jindal Poly Films Limited
Polplex Corporation Ltd
SRF Limited
Italy: Certain Pasta, A-475-818...................... 7/1/11-6/30/12
Alberto Poiatti S.p.A
Delverde Industrie Alimentari S.p.A
Industria Alimentare Colavita, S.p.A
Pasta Lensi S.r.L
Pastificio Attilio Mastromauro-Pasta Granoro
S.r.L
Pastificio Gallo Natale & F. Ili S.r.L
Fiamma Vesuviana S.r.L
Pastificio Zaffiri S.r.L
Rummo S.p.A. Molino e Pastificio
Tandoi Filippo e Adalberto Fratelli S.p.A
Valdigrano di Flavio Pagani S.r.L
Russia Federation: Solid Urea, A-821-801............. 7/1/11-6/30/12
OJSC MCC EuroChem, and production affiliates,
OJSC Nevinnomyssky Azot
and OJSC Novomoskovskaya Azot
Tawain: Polyethylene Terephthalate (PET) Film, A-583- 7/1/11-6/30/12
837.................................................
Nan Ya Plastics Corporation
Shinkong Materials Technology Corporation
The Netherlands: Purified Carboxymethylcellulose, A- 7/1/11-6/30/12
421-811.............................................
Akzo Nobel Functional Chemicals, B.V
CP Kelco B.V
The People's Republic Of China: Circular Welded 7/1/11-6/30/12
Carbon Quality Steel Pipe,\3\ A-570-910.............
\3\ If the above-named company 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.
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
Guangzhou Juyi Steel Pipes Co., Ltd
Hefei Zijin Steel Tube Manufacturing Co., Ltd
[[Page 52691]]
Huludao City Steel Pipe Industrial
Jiangsu Changbao Steel Tube Co., Ltd
Jiangsu Yulong Steel Pipe Co., Ltd
Liaoning Northern Steel Pipe Co., Ltd
MCC Liaoning Dragon Pipe Industries
Shanghai Zhongyou TIPO Steel Pipe Co., Ltd
SPAT Steel International
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
WISCO & CRM Wuhan Material & Trade
Wuxi Fastube Industry Co., Ltd
Xuzhou Global Pipe & Fitting Manufacturing Co.,
Ltd
Zhejiang Kingland Pipeline Industry Co., Ltd
Zhongjian Jinpei Steel Pipe Co. Ltd
Countervailing Duty Proceedings
India: Polyethylene Terephthalate (PET) Film, C-533- 1/1/11-12/31/11
825.................................................
Ester Industries Limited
Garware Polyester Ltd
Jindal Poly Films Limited
Polyplex Corporation Ltd
SRF Limited
Italy: Certain Pasta, C-475-819...................... 1/1/11-12/31/11
Delverde Industrie Alimentari S.p.A
Molino e Pastificio Tomasello S.p.A
Valdigrano di Flavio Pagani S.r.L
The People Republic Of China: Circular Welded Carbon 1/1/11-12/31/11
Quality Steel Pipe, C-570-911.......................
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
Guangzhou Juyi Steel Pipe Co., Ltd
Hefei Zijin Steel Tube Manufacturing Co., Ltd
Huludao City Steel Pipe Industrial
Jiangsu Changbao Steel Tube Co., Ltd
Jiangsu Yulong Steel Pipe Co., Ltd
Liaoning Northern Steel Pipe Co., Ltd
MCC Liaoning Dragon Pipe Industries
Shanghai Zhongyou Tipo Steel
SteelFORCE Far East 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
Xuzhou Global Pipe & Fitting Manufacturing Co.,
Ltd
Zhejiang Kingland Pipeline Industry Co., Ltd
Zhongjian Jinpei Steel Pipe Co. Ltd
Turkey: Certain Pasta, C-489-806..................... 1/1/11-12/31/11
Marsan Gida Sanayi ve Ticaret A.S
Bellini Gida Sanaya A.S
Eksper Gida Pazarlama San. ve Tic A.S
------------------------------------------------------------------------
Suspension Agreements
None.
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.
[[Page 52692]]
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 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 20, 2012.
Gary Taverman,
Senior Advisor for Antidumping and Countervailing Duty Operations.
[FR Doc. 2012-21499 Filed 8-29-12; 8:45 am]
BILLING CODE 3510-DS-P
