[Federal Register Volume 73, Number 147 (Wednesday, July 30, 2008)]
[Notices]
[Pages 44220-44223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17485]
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DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, Request for Revocation in Part, and Deferral of Administrative
Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce 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 also received a request to revoke one
antidumping duty order in part and to defer the initiation of an
administrative review for another antidumping duty order.
EFFECTIVE DATE: July 30, 2008.
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)(2002), for administrative reviews of various antidumping
and countervailing duty orders and findings with June anniversary
dates. The Department also received a timely request to revoke in part
the antidumping duty order on stainless steel butt-weld pipe fittings
from Taiwan with respect to one exporter. In addition, the Department
received a request to defer for one year the initiation of the June 1,
2007 through May 31, 2008 administrative review of the antidumping duty
order 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 this request from
any party cited in 19 CFR 351.213(c)(1)(ii).
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 period of review
(POR). We intend to release the CBP data under Administrative
Protective Order (APO) to all parties having an APO within five days of
publication of this initiation notice and to make our decision
regarding respondent selection within 20 days of publication of this
Federal Register notice. The Department invites comments regarding the
CBP data and respondent selection within 10 calendar days of
publication of this Federal Register notice.
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
[[Page 44221]]
the Final Determination of Sales at Less Than Fair Value: Sparklers
from the People's Republic of China, 56 FR 20588 (May 6, 1991)
(``Sparklers''), 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) (``Silicon Carbide''). 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 http://www.trade.gov/ia on
the date of publication of this Federal Register. 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 30 calendar days
of 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.
For entities that have not previously been assigned a separate
rate, to demonstrate eligibility for such, the Department requires a
Separate Rate Status Application. 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.
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, 2009. Also in
accordance with 19 CFR 351.213(c), we deferring for one year the
iniation of the June 1, 2007 through May 31, 2008 Administrative review
of the antidumping duty order on Folding Metal Tables 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 6/1/2007-5/31/2008
Seamless, Standard, Line, and Pressure Pipe,-
588-850.......................................
JFE Steel Corporation
Nippon Steel Corporation
NKK Tubes
Sumitomo Metal Industries, Ltd.
Japan: Hot-Rolled Carbon Steel Flat Products, A- 6/1/2007-05/31/2008
588-846.......................................
JFE Steel Corporation
Nippon Steel Corporation
Kobe Steel, Ltd.
Spain: Chlorinated Isocyanurates, A-469-814.... 6/1/2007-5/31/2008
Aragonesas Industrias y Energia
Inquide Flix, S.A.
South Korea: Polyethylene Terephthalate Film, 10/2/2007-5/31/2008
Sheet, and Strip, A-580-807...................
Kolon Industries, Inc.
Taiwan: Certain Stainless Steel Butt-Weld Pipe 6/1/2007-5/31/2008
Fittings, A-583-816...........................
Ta Chen Stainless Pipe Co., Ltd.
Liang Feng Stainless Steel Fitting Co.,
Ltd.
Liang Feng Enterprise
Tru-Flow Industrial Co., Ltd.
Censor International Corporation
PFP Taiwan Co., Ltd.
The People's Republic Of China: Certain Color 6/1/2007-5/31/2008
Television Receivers \1\, A-570-884...........
Haier Electric Appliances International Co.
Hisense Import and Export Co., Ltd.
Konka Group Company, Ltd.
Philips Consumer Electronics Co. of Suzhou
Ltd.
Shenzhen Chaungwei-RGB Electronics Co.,
Ltd.
Sichuan Changhong Electric Co., Ltd.
Starlight International Holdings, Ltd.
Star Light Electronics Co., Ltd.
Star Fair Electronics Co., Ltd.
Starlight Marketing Development Ltd.
SVA Group Co., Ltd.
TCL Holding Company Ltd.
Xiamen Overseas Chinese Electronic Co.,
Ltd.
The People's Republic Of China: Certain 12/26/2006-5/31/2008
Polyester Staple Fiber \2\, A-570-905.........
Far Eastern Industries, Ltd., (Shanghai)
and Far Eastern Polychem Industries
Ningbo Dafa Chemical Fiber Co., Ltd.
[[Page 44222]]
Cixi Sansheng Chemical Fiber Co., Ltd.
Cixi Santai Chemical Fiber Co., Ltd.
Cixi Waysun Chemical Fiber Co., Ltd.
Hangzhou Best Chemical Fibre Co., Ltd.
Hangzhou Hanbang Chemical Fibre Co., Ltd.
Hangzhou Huachuang Co., Ltd.
Hangzhou Sanxin Paper Co., Ltd.
Hangzhou Taifu Textile Fiber Co., Ltd.
Jiaxang Fuda Chemical Fibre Factory
Nantong Loulai Chemical Fiber Co., Ltd.
Nanyang Textile Co., Ltd.
Suzhou PolyFiber Co., Ltd.
Xiamen Xianglu Chemical Fiber Co.
Zhaoqing Tifo New Fiber Co., Ltd.
Zhejiang Anshun Pettechs Fibre Co., Ltd.
Zhejiang Waysun Chemical Fiber Co., Ltd.
Dragon Max Trading Development
Xiake Color Spinning Co., Ltd.
Jiangyin Hailun Chemical Fiber Co., Ltd.
Hyosung Singapore PTE Ltd.
Jiangyin Changlong Chemical Fiber Co., Ltd.
Ma Ha Company, Ltd.
Jiangyin Huahong Chemical Fiber Co., Ltd.
Jiangyin Mighty Chemical Fiber Co., Ltd.
Huvis Sichuan
The People's Republic Of China: Chlorinated 6/1/2007-5/31/2008
Isocyanurates \3\, A-570-898..................
Hebei Jiheng Chemical Company Ltd.
The People's Republic Of China: Folding Metal 6/1/2007-5/31/2008
Tables and Chairs \4\, A-570-868..............
Dongguan Shichang Metals Factory Co., Ltd.
New-Tec Integration Co., Ltd.
New-Tec Integration (Xiamen) Co., Ltd.
The People's Republic Of China: Non-Frozen 6/1/2007-5/31/2008
Apple Juice Concentrate \5\, A-570-855........
Yitian Juice (Shaanxi) Co., Ltd.
The People's Republic Of China: Silicon Metal 6/1/2007-5/31/2008
\6\, A-570-806................................
Shanghai Jinneng International Trade Co.,
Ltd.
Datong Jinneng Industrial Silicon Co., Inc.
Jiangxi Gangyuan Silicon Industry Company,
Ltd.
S. AU (Guilin) Trade Co., Ltd.
Lao Silicon Co., Ltd.
The People's Republic Of China: Tapered Roller 6/1/2007-5/31/2008
Bearings and Parts Thereof, Finished and
Unfinished \7\, A-570-601.....................
Peer Bearing Company-Changshan
Countervailing Duty Proceeding
None.
Suspension Agreements
None.
Deferral of Initiation of Administrative Review
The People's Republic Of China: Folding Metal 6/1/2007-5/31/2008
Tables and Chairs, A-570-868..................
Feili Furniture Development Ltd. Quanzhou
City
Feili Furniture Development Co., Ltd.
Feili Group (Fujian) Co., Ltd.
Feili (Fujian) Co., Ltd.
------------------------------------------------------------------------
\1\ If one of the above-named companies does not qualify for a separate
rate, all other exporters of Certain Color Televisions Receivers from
the People's Republic of China 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.
\2\ If one of the above-named companies does not qualify for a separate
rate, all other exporters of Certain Polyester Staple Fiber from the
People's Republic of China 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.
\3\ If the above-named company does not qualify for a separate rate, all
other exporters of Chlorinated Isocyanurates from the People's
Republic of China 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 Folding Metal Tables and Chairs from the
People's Republic of China 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 Non-Frozen Apple Juice Concentrate from
the People's Republic of China 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 one of the above-named companies does not qualify for a separate
rate, all other exporters of Silicon Metal from the People's Republic
of China 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 Tapered Roller Bearings and Parts Thereof, Finished
and Unfinished from the People's Republic of China 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.
[[Page 44223]]
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 section 351.211 or a
determination under section 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.
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). 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)).
These initiations and this notice are in accordance with section
751(a) of the Tariff Act of 1930, as amended (19 U.S.C. 1675(a)), and
19 CFR 351.221(c)(1)(i).
Dated: July 24, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-17485 Filed 7-29-08; 8:45 am]
BILLING CODE 3510-DS-P