[Federal Register Volume 76, Number 145 (Thursday, July 28, 2011)]
[Notices]
[Pages 45227-45230]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19136]
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DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, Requests for Revocations in Part and Deferral of
Administrative Reviews
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 June anniversary dates. In
accordance with the Department's regulations, we are initiating those
administrative reviews. The Department received requests to revoke two
antidumping duty orders in part and to defer the initiation of an
administrative review for two antidumping duty orders.
DATES: Effective Date: July 28, 2011.
FOR FURTHER INFORMATION CONTACT: Sheila E. Forbes, Office of AD/CVD
Operations, Customs Unit, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230, telephone: (202) 482-
4697.
SUPPLEMENTARY INFORMATION:
Background
The Department has received timely requests, in accordance with 19
CFR 351.213(b), for administrative reviews of various antidumping and
countervailing duty orders and findings with June anniversary dates.
The Department also received timely requests to revoke in part the
antidumping duty orders on Polyethylene Terephthalate Film, Sheet, and
Strip from South Korea for one exporter and on Folding Metal Tables and
Chairs from the People's Republic of China for one exporter. In
addition, the Department received requests to defer for one year the
initiation of the June 1, 2010, through May 31, 2011, administrative
reviews of the antidumping duty orders on Certain Polyester Staple
Fiber from the People's Republic of China with respect to two exporters
and on Folding Metal Tables and Chairs from the People's Republic of
China with respect to one exporter in accordance with 19 CFR
351.213(c). The Department received no objections to these requests
from any party cited in 19 CFR 351.213(c)(1)(ii).
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 made in accordance
with 19 CFR 351.303 and are subject to verification in accordance with
section 782(i) of the Tariff Act of 1930, as amended (``Act''). Six
copies of the submission should be submitted to the Assistant Secretary
for Import Administration, International Trade Administration, Room
1870, U.S. Department of Commerce, 14th Street and Constitution Avenue,
NW., Washington, DC 20230. Further, in accordance with 19 CFR
351.303(f)(3)(ii), a copy of each request must be served on every party
on the Department's service list.
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
[[Page 45228]]
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.
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-rate 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 http://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 http://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 section 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 June 30, 2012. Also in
accordance with 19 CFR 351.213(c), we are deferring for one year the
initiation of June 1, 2010, through May 31, 2011, administrative
reviews of the antidumping duty orders on Certain Polyester Staple
Fiber from the People's Republic of China with respect to two exporters
and on Folding Metal Tables
[[Page 45229]]
and Chairs from the People's Republic of China with respect to one
exporter.
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Period to be
reviewed
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Antidumping Duty Proceedings
Japan: Certain Large Diameter Carbon and Alloy 6/1/10-5/31/11
Seamless, Standard, Line, and Pressure Pipe, A-588-
850.................................................
JFE Steel Corporation
Nippon Steel Corporation
NKK Tubes
Sumitomo Metal Industries, Ltd.
South Korea: Polyethylene Terephthalate Film, Sheet, 6/1/10-5/31/11
and Strip, A-580-807................................
Kolon Industries, Inc.
The People's Republic of China: Certain Chlorinated 6/1/10-5/31/11
Isocyanurates,\3\ A-570-898.........................
Hebei Jiheng Chemical Co., Ltd.
Juancheng Kangtai Chemical Co. Ltd.
Nanning Chemical Industry Co., Ltd.
Zhucheng Taisheng Chemical Co., Ltd.
The People's Republic of China: Certain Polyester 6/1/10-5/31/11
Staple Fiber,\4\ A-570-905..........................
Far Eastern Industries, Ltd., (Shanghai) and Far
Eastern Polychem Industries
Cixi Jiangnan Chemical Co., Ltd.
Cixi Sansheng Chemical Fiber Co., Ltd.
Zhejiang Waysun Chemical Fiber Co., Ltd., and its
affiliate, Cixi Waysun Chemical Fiber Co., Ltd.
Hangzhou Sanxin Paper Co., Ltd.
Nantong Luolai Chemical Fiber Co., Ltd.
Nan Yang Textiles Co., Ltd.
Zhaoqing Tifo New Fiber Co., Ltd.
Huvis Sichuan Chemical Fiber Corp., and Huvis
Sichuan Polyester Fiber Ltd.
The People's Republic of China: Folding Metal Tables 6/1/10-5/31/11
and Chairs,\5\ A-570-868............................
Feili Furniture Development Limited Quanzhou City
Feili Group (Fujian) Co., Ltd.
The People's Republic of China: Silicon Metal,\6\ A- 6/1/10-5/31/11
570-806.............................................
Shanghai Jinneng International Trade Co., Ltd.
The People's Republic of China: Tapered Roller 6/1/10-5/31/11
Bearings and Parts Thereof, Finished and
Unfinished,\7\ A-570-601............................
Zhejiang Sihe Machine Co., Ltd
Xinchang Kaiyuan Automotive Bearing Co., Ltd.
Changshan Peer Bearing Co., Ltd.
Tianshui Hailin Import and Export Corporation
Zhejiang ZhaoFeng Mechanical and Electronic Co.,
Ltd.
Haining Automann Parts Co., Ltd.
Xiang Yang Automobile Bearing Co., Ltd.
Countervailing Duty Proceeding
None.
Suspension Agreements
None.
Deferral of Initiation of Administrative Reviews
The People's Republic of China:
Certain Polyester Staple Fiber, A-570-905........ 6/1/10-5/31/11
Cixi Santai Chemical Fiber Co., Ltd.
Ningbo Dafa Chemical Fiber Co., Ltd
The People's Republic of China: Folding Metal Tables 6/1/10-5/31/11
and Chairs, A-570-868...............................
New-Tec Integration (Xiamen) Co., Ltd.
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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 S.p.A. v. United States, 291 F.3d 806 (Fed.
Cir. 2002), as appropriate, whether antidumping duties have been
absorbed by an exporter or producer subject to the review if the
subject merchandise is sold in the United States through an importer
that is affiliated with such
[[Page 45230]]
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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\3\ If one of the above-named companies does not qualify for a
separate rate, all other exporters of Chlorinated Isocyanurates 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.
\4\ If one of the above-named companies does not qualify for a
separate rate, all other exporters of Certain Polyester Staple Fiber
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.
\5\ If one of the above-named companies does not qualify for a
separate rate, all other exporters of Folding Metal Tables and
Chairs 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.
\6\ If the above-named company does not qualify for a separate
rate, all other exporters of Silicon Metal 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 one of the above-named companies does not qualify for a
separate rate, all other exporters of Tapered Roller Bearings and
Part Thereof, Finished and Unfinished from the PRC who have not
qualified for a separate rate are deemed to be covered by this
review as part of the single PRC entity of which the named exporters
are a part.
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For the first administrative review of any order, there will be no
assessment of antidumping or countervailing duties on entries of
subject merchandise entered, or withdrawn from warehouse, for
consumption during the relevant provisional-measures ``gap'' period, of
the order, if such a gap period is applicable to the POR.
Interested parties must submit applications for disclosure under
administrative protective orders in accordance with 19 CFR 351.305. On
January 22, 2008, the Department published Antidumping and
Countervailing Duty Proceedings: Documents Submission Procedures; APO
Procedures, 73 FR 3634 (January 22, 2008). Those procedures apply to
administrative reviews included in this notice of initiation. Parties
wishing to participate in any of these administrative reviews should
ensure that they meet the requirements of these procedures (e.g., the
filing of separate letters of appearance as discussed at 19 CFR
351.103(d)).
Any party submitting factual information in an antidumping duty or
countervailing duty proceeding must certify to the accuracy and
completeness of that information. See section 782(b) of the Act.
Parties are hereby reminded that revised certification requirements are
in effect for company/government 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: July 22, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2011-19136 Filed 7-27-11; 8:45 am]
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