[Federal Register Volume 75, Number 144 (Wednesday, July 28, 2010)]
[Notices]
[Pages 44224-44226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18535]
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DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and Countervailing Duty Administrative
Reviews and Requests for Revocations 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 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 three antidumping
duty orders in part.
DATES: Effective Date: July 28, 2010.
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 duty
orders and findings with June anniversary dates. The Department also
received requests to revoke in part the antidumping duty orders on
Certain Polyester Staple Fiber from the People's Republic of China
(``PRC'') with respect to two exporters, Polyethylene Terephthalate
Film, Sheet, and Strip (``PET Film'') from South Korea with respect to
one exporter, and Folding Metal Tables and Chairs from the PRC with
respect to one exporter.
In the notice we published on June 30, 2010 (75 FR 37759),
initiating the 2009/10 administrative reviews of the antidumping duty
orders on ball bearings and parts thereof from various countries, we
inadvertently referred to the case numbers U.S. Customs and Border
Protection (``CBP'') uses in its application of the orders to entries
of subject merchandise. Parties wishing to make submissions concerning
the respective country-specific reviews should use, instead, the
following case numbers in all such submissions to the Department:
France A-427-801; Germany A-428-801; Italy A-475-801; Japan A-588-804;
United Kingdom A-412-801.
Notice of No Sales
Under 19 CFR 351.213(d)(3), the Department may rescind a review
where there are no exports, sales, or entries of subject merchandise
during the respective period of review (``POR'') listed below. If a
producer or exporter named in this initiation notice had no exports,
sales, or entries during the POR, it must notify the Department within
60 days of publication of this notice in the Federal Register. The
Department will consider rescinding the review only if the producer or
exporter, as appropriate, submits a properly filed and timely statement
certifying that it had no exports, sales, or entries of subject
merchandise during the POR. 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 (``the 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)(1)(i), 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 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 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
[[Page 44225]]
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 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 60 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.
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 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 proceedings (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 Application.
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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, 2011.
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Period to be
reviewed
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Antidumping Duty Proceedings
Japan:
Certain Large Diameter Carbon and Alloy Seamless, 6/1/09-5/31/10
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, and 6/1/09-5/31/10
Strip, A-580-807................................
Kolon Industries, Inc............................
The People's Republic of China:
Certain Polyester Staple Fiber, \3\ A-570-905.... 6/1/09-5/31/10
Far Eastern Industries, Ltd. (Shanghai) and
Far Eastern Polychem Industries
Cixi Sansheng Chemical Fiber Co., Ltd.
Cixi Santai Chemical Fiber Co., Ltd.
Cixi Waysun Chemical Fiber Co., Ltd.
Hangzhou Sanxin Paper Co., Ltd.
Nantong Luolai Chemical Fiber Co., Ltd.
Nan Yang Textiles Co., Ltd.
Ningbo Dafa Chemical Fiber Co., Ltd.
[[Page 44226]]
Zhaoqing Tifo New Fiber Co., Ltd.
Zhejiang Waysun Chemical Fiber Co., Ltd.
Huvis Sichuan Chemical Fiber Corporation
Chlorinated Isocyanurates, \4\ A-570-898......... 6/1/09-5/31/10
Arch Chemicals (China) Co., Ltd.
Hebei Jiheng Chemical Co. Ltd.
Juancheng Kangtai Chemical Co. Ltd.
Zhucheng Taisheng Chemical Co., Ltd.
Folding Metal Tables and Chairs, \5\ A-570-868... 6/1/09-5/31/10
New-Tec Integration Co., Ltd.
New-Tec Integration (Xiamen) Co., Ltd.
Feili Furniture Development Ltd. Quanzhou
City
Feili Group (Fujian) Co., Ltd.
Lifetime Hong Kong Ltd.
Non-Frozen Apple Juice Concentrate, \6\ A-570-855 6/1/09--5/31/10
Sanmenxia Luck Fruit Industry Co., Ltd.
Qin'an Great Wall Fruit Juice Beverage Co.,
Ltd.
Silicon Metal, \7\ A-570-806..................... 6/1/09-5/31/10
Shanghai Jinneng International Trade Co.,
Ltd.
Jiangxi Gangyuan Silicon Industry Company,
Ltd.
Zhejiang Kaihua Yuantong Silicon Industry
Co., Ltd.
Tapered Roller Bearings and Parts Thereof, 6/1/09--5/31/10
Finished and Unfinished, \8\ A-570-601..........
Zhejiang Sihe Machine Co., Ltd
Xinchang Kaiyuan Automotive Bearing Co., Ltd.
Peer Bearing Company--Changshan
Tianshui Hailin Import and Export Corporation
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Countervailing Duty Proceeding
None.
Suspension Agreements
None.
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\3\ 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.
\4\ If one of the above-named companies does not qualify for a
separate rate, all other exporters of Chlorinated Isocyanurates 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 one of the above-named companies does not qualify for a
separate rate, all other exporters of Non-Frozen Apple Juice
Concentrate 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 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.
\8\ 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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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 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)).
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 21, 2010.
Edward C. Yang,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-18535 Filed 7-27-10; 8:45 am]
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