[Federal Register Volume 75, Number 83 (Friday, April 30, 2010)]
[Notices]
[Pages 22740-22741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10176]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-922]
Raw Flexible Magnets From the People's Republic of China:
Initiation of Antidumping Duty New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: April 30, 2010.
SUMMARY: The Department of Commerce (``Department'') has determined
that a request for a new shipper review of the antidumping duty order
on raw flexible magnets (``magnets'') from the People's Republic of
China (``PRC'') meets the statutory and regulatory requirements for
initiation. The period of review (``POR'') for the new shipper review
is September 1, 2009, through February 28, 2010.
FOR FURTHER INFORMATION CONTACT: Rebecca Pandolph or Zhulieta
Willbrand, AD/CVD Operations, Office 4, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, N.W., Washington, DC 20230, telephone:
(202) 482-3627, or (202) 482-3147, respectively.
SUPPLEMENTARY INFORMATION:
Background
The antidumping duty order on magnets from the PRC was published on
September 17, 2008. See Antidumping Duty Order: Raw Flexible Magnets
from the People's Republic of China, 73 FR 53847 (September 17, 2008).
On March 29, 2010, pursuant to section 751(a)(2)(B)(i) of the Tariff
Act of 1930, as amended (the ``Act''), and 19 CFR 351.214(c), the
Department received a timely request for a new shipper review from
Jingzhou Meihou Flexible Magnet Company, Ltd. (``Jingzhou Meihou'').
However, the company business proprietary version was not properly
bracketed. The Department requested that Jingzhou Meihou resubmit the
new shipper review request and noted that the resubmission would be
considered timely for consideration of a new shipper review. See
Memorandum to the File from Rebecca Pandolph, International Trade
Compliance Analyst, AD/CVD Operations, Office 4, ``Antidumping Duty
Order on Raw Flexible Magnets from the People's Republic of China,''
dated April 5, 2010. On April 5, 2010, Jingzhou Meihou resubmitted its
new shipper review request. Jingzhou Meihou certified that Jingzhou
Meihou is both the exporter and producer of the subject merchandise
upon which its request for a new shipper review was based. On April 23,
2010, Magnum Magnetics Corporation (``Petitioner'') submitted comments
regarding the request for new shipper review by Jingzhou Meihou. The
Department is currently evaluating the comments submitted by Petitioner
and will address the comments during the new shipper review.
Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR
351.214(b)(2)(i), Jingzhou Meihou certified that it did not export raw
flexible magnets to the United States during the period of
investigation (``POI''), i.e., January 1, 2007 through June 30, 2007.
Further, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR
351.214(b)(2)(iii)(A), Jingzhou Meihou certified that, since the
initiation of the investigation, it has never been affiliated with any
PRC exporter or producer who exported magnets to the United States
during the POI, including those not individually examined during the
investigation. As required by 19 CFR 351.214(b)(2)(iii)(B), Jingzhou
Meihou, also certified that its export activities were not controlled
by the central government of the PRC.
In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(iv), Jingzhou Meihou submitted documentation
establishing the following: (1) the date on which Jingzhou Meihou first
shipped magnets for export to the United States and the date on which
the magnets were first entered, or withdrawn from warehouse, for
consumption; (2) the volume of its first shipment;\1\ and (3) the date
of its first sale to an unaffiliated customer in the United States.
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\1\ Jingzhou Meihou made no subsequent shipments to the United
States.
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The Department conducted a U.S. Customs and Border Protection
(``CBP'') database query and confirmed that shipment of subject
merchandise from Jingzhou Meihou had entered the United States for
consumption and that liquidation of such entry had been
[[Page 22741]]
properly suspended for antidumping duties. The Department also
confirmed by examining CBP data that Jingzhou Meihou's entry was made
during the POR as specified by the Department's regulations. See 19 CFR
351.214(g)(1)(i)(B). After examining CBP data, the Department requested
additional information from Jingzhou Meihou. See letter to Jingzhou
Meihou regarding, ``Request for Antidumping and Countervailing Duty New
Shipper Review of Raw Flexible Magnets from the People's Republic of
China,'' dated April 8, 2010. On April 12, 2010, Jingzhou Meihou
submitted its response to the Department's request for additional
information. See Jingzhou Meihou's letter regarding, ``Request for More
Information regarding Initiation of Antidumping and Countervailing Duty
new Shipper Reviews of raw Flexible Magnets from the People's Republic
of China,'' dated April 12, 2010.
Pursuant to 19 CFR 351.221(c)(1)(i), the Department will publish
the notice of initiation of a new shipper review no later than the last
day of the month following the anniversary month or semiannual
anniversary month of the order. Thus, the deadline for publishing this
notice of initiation is April 30, 2010.
Initiation of New Shipper Reviews
Pursuant to section 751(a)(2)(B) of the Act and 19 CFR
351.214(d)(1), the Department finds that Jingzhou Meihou meets the
threshold requirements for initiation of a new shipper review of its
shipment of magnets from the PRC. See Memorandum to the File through
Abdelali Elouaradia, Director, AD/CVD Operations, Office 4: Initiation
of AD New Shipper Review of Jingzhou Meihou.: Raw Flexible Magnets from
the People's Republic of China, dated concurrently with this notice;
and Jingzhou Meihou Checklist.
The POR for the new shipper review of Jingzhou Meihou is September
1, 2009, through February 28, 2010. See 19 CFR 351.214(g)(1)(i)(B). The
Department intends to issue the preliminary results of this review no
later than 180 days from the date of initiation, and the final results
of this review no later than 270 days from the date of initiation. See
section 751(a)(2)(B)(iv) of the Act.
It is the Department's usual practice, in cases involving non-
market economy countries, to require that a company seeking to
establish eligibility for an antidumping duty rate separate from the
country-wide rate provide evidence of de jure and de facto absence of
government control over the company's export activities. Accordingly,
we will issue a questionnaire to Jingzhou Meihou, which will include a
separate rate section. The review of Jingzhou Meihou will proceed if
the response provides sufficient indication that Jingzhou Meihou is not
subject to either de jure or de facto government control with respect
to its exports of magnets.
We will instruct CBP to allow, at the option of the importer, the
posting, until the completion of the review, of a bond or security in
lieu of a cash deposit for certain entries of the subject merchandise
from Jingzhou Meihou in accordance with section 751(a)(2)(B)(iii) of
the Act and 19 CFR 351.214(e). Because Jingzhou Meihou certified that
it both produces and exports the subject merchandise, the sales of
which form the basis for its new shipper review request, we will
instruct CBP to permit the use of a bond only for entries of subject
merchandise which the respondent both produced and exported.
Interested parties requiring access to proprietary information in
this new shipper review should submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305 and
351.306.
This initiation and notice are published in accordance with section
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).
Dated: April 26, 2010.
Edward C. Yang,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-10176 Filed 4-29-10; 8:45 am]
BILLING CODE 3510-DS-S