[Federal Register Volume 75, Number 145 (Thursday, July 29, 2010)]
[Notices]
[Pages 44767-44768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18683]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-868]
Folding Metal Tables and Chairs From the People's Republic of
China: Initiation of New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: July 29, 2010.
SUMMARY: The Department of Commerce (the ``Department'') has determined
that a request for a new shipper review of the antidumping duty order
on folding metal tables and chairs (``FMTCs'') from the People's
Republic of China (``PRC''), received on June 30, 2010, meets the
statutory and regulatory requirements for initiation. The period of
review (``POR'') of this new shipper review is June 1, 2009, through
May 31, 2010.
FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, Erin Kearney, or
Charles Riggle, AD/CVD Operations, Office 8, Import Administration,
International Trade Administration, U.S. Department
[[Page 44768]]
of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230; telephone: (202) 482-6412, (202) 482-0167, and (202) 482-0650,
respectively.
SUPPLEMENTARY INFORMATION:
Background
The notice announcing the antidumping duty order on FMTCs from the
PRC was published in the Federal Register on June 27, 2002. See
Antidumping Duty Order: Folding Metal Tables and Chairs From the
People's Republic of China, 67 FR 43277 (June 27, 2002). On June 30,
2010, we received a timely request for a new shipper review from
Xinjiamei Furniture (Zhangzhou) Co., Ltd. (``Xinjiamei'') in accordance
with 19 CFR 351.214(c) and 351.214(d). Xinjiamei has certified that it
produced all of the FMTCs it exported, which is the basis for its
request for a new shipper review.
Pursuant to the requirements set forth in 19 CFR
351.214(b)(2)(i)(d), 19 CFR 351.214(b)(2)(ii) and 19 CFR
351.214(b)2(iii), in its request for a new shipper review, Xinjiamei,
as an exporter and producer, certified that: (1) It did not export
FMTCs to the United States during the period of investigation
(``POI''); (2) since the initiation of the investigation, Xinjiamei has
never been affiliated with any company that exported subject
merchandise to the United States during the period of investigation
(``POI''); and (3) its export activities were not controlled by the
central government of the PRC.
In accordance with 19 CFR 351.214(b)(2)(iv), Xinjiamei submitted
documentation establishing the following: (1) The date on which it
first shipped FMTCs for export to the United States and the date on
which the FMTCs were first entered, or withdrawn from warehouse, for
consumption; (2) the volume of its first shipment; and (3) the date of
its first sale to an unaffiliated customer in the United States.
Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B) of the Tariff Act of 1930, as
amended (the ``Act'') and 19 CFR 351.214(d)(1), we find that the
request submitted by Xinjiamei meets the threshold requirements for
initiation of a new shipper review for shipments of FMTCs from the PRC
produced and exported by Xinjiamei. See Memorandum to the File through
Wendy Frankel, Office Director, New Shipper Initiation Checklist, dated
concurrently with this notice. However, if the information supplied by
Xinjiamei is later found to be incorrect or insufficient during the
course of this proceeding, the Department may rescind the review or
apply adverse facts available, depending upon the facts on record. The
POR is June 1, 2009, through May 31, 2010. See 19 CFR
351.214(g)(1)(i)(A). The Department will conduct this review according
to the deadlines set forth in section 751(a)(2)(B)(iv) of the Act.
It is the Department's usual practice, in cases involving non-
market economies (``NMEs), 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 questionnaires to Xinjiamei, which will include separate
rate sections. The review will proceed if the response provides
sufficient indication that Xinjiamei is not subject to either de jure
or de facto government control with respect to its export of FMTCs.
We will instruct U.S. Customs and Border Protection 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 each entry
of the subject merchandise from Xinjiamei in accordance with section
751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Xinjiamei
certified that it both produced and exported the subject merchandise,
the sale of which is the basis for this new shipper review request, we
will apply the bonding privilege to Xinjiamei only for subject
merchandise which Xinjiamei 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
19 CFR 351.306.
This initiation and notice are in accordance with section
751(a)(2)(B) of the Act and 19 CFR 351.214 and 19 CFR 351.221(c)(1)(i).
Dated: July 23, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-18683 Filed 7-28-10; 8:45 am]
BILLING CODE 3510-DS-P