[Federal Register: January 29, 2010 (Volume 75, Number 19)]
[Notices]
[Page 4770-4774]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ja10-28]
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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 Initiation of
Administrative Review
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 December anniversary
dates. In accordance with our regulations, we are initiating those
administrative reviews. The Department also received requests to revoke
one antidumping duty order in part and to defer the initiation of an
administrative review for the same antidumping duty order.
EFFECTIVE DATE: January 29, 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 and
countervailing duty orders and findings with December anniversary
dates. The Department also received a timely request to revoke in part
the antidumping duty order on Honey from Argentina with respect to one
exporter. In addition, the
[[Page 4771]]
Department received a request to defer for one year the initiation of
the December 1, 2008 through November 30, 2009 administrative review of
the antidumping duty order on Honey from Argentina with respect to
another 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).
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 notice of initiation had no exports,
sales, or entries during the POR, it should notify the Department
within 30 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 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 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 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 website 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 30 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 Application will be available on the
Department's website 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 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 December 31, 2010. Also in accordance with 19
CFR 351.213(c), we are deferring for one year the initiation
[[Page 4772]]
of the December 1, 2008 through November 30, 2009, administrative
review of the antidumping duty order on Honey from Argentina with
respect to one exporter.
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Antidumping Duty Proceedings Period to be Reviewed
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ARGENTINA: Honey..........................
A-357-812................................. 12/01/08 - 11/30/09
AGLH S.A..........................
Algodonera Avellaneda S.A.........
Alimentos Naturales-Natural Foods.
Alma Pura.........................
Bomare S.A. (Bodegas Miguel
Armengol)........................
Compania Apicola Argentina S.A....
Compania Inversora Platense S.A...
El Mana S.A.......................
HoneyMax S.A......................
Interrupcion S.A..................
Mielar S.A........................
Miel Ceta SRL.....................
Nexco S.A.........................
Patagonik S.A.....................
Productos Afer S.A................
Seabird Argentina S.A.............
TransHoney S.A....................
INDIA: Carbazole Violet Pigment 23........
A-533-838................................. 12/1/08 - 11/30/09
Meghmani Pigments.................
INDIA: Certain Hot-Rolled Carbon Steel
Flat Products............................
A-533-820................................. 12/1/08 - 11/30/09
Essar Steel Limited...............
Ispat Industries Limited..........
JSW Steel Limited.................
Tata Steel Limited................
JAPAN: Welded Large Diameter Line Pipe....
A-588-857................................. 12/1/08 - 11/30/090
JFE Steel Corporation.............
Nippon Steel Corporation..........
Sumitomo Corporation..............
Sumitomo Metal Industries, Ltd.
(aka Sumitomo Metals Pipe & Tube
Company).........................
THE PEOPLE'S REPUBLIC OF CHINA: Certain
Cased Pencils\3\.........................
A-570-827................................. 12/1/08 - 11/30/09
China First Pencil Co., Ltd., and
its affiliated companies Shanghai
First Writing Instruments Co.,
Ltd., Fang Zheng Co., Ltd.,
Shanghai Great Wall Pencil Co.,
Ltd., and China First Pencil
Huadian Co., Ltd.................
Orient International Holding
Shanghai Foreign Trade Co., Ltd..
Shanghai Three Star Stationery
Industry Co., Ltd................
Beijing Fila Dixon Stationery
Company, Ltd. a/k/a Beijing Dixon
Ticonderoga Stationery Company,
Ltd. a/k/a Beijing Dixon
Stationery Company, Ltd. and
Dixon Ticonderoga Company........
Shandong Rongxin Import & Export
Co., Ltd.........................
THE PEOPLE'S REPUBLIC OF CHINA: Hand
Trucks and Parts Thereof\4\..............
A-570-891................................. 12/1/08 - 11/30/09
Qingdao Huazhan Hardware and
Machinery Co., Ltd...............
New-Tec Integration (Xiamen) Co.,
Ltd..............................
Sunshine International Corp.......
Yangjiang Shunhe Industrial Co....
Zhejiang Yinmao Import and Export
Co...............................
Century Distribution Systems, Inc.
THE PEOPLE'S REPUBLIC OF CHINA: Honey\5\..
A-570-863................................. 12/1/08 - 11/30/09
Ahcof Industrial Development
Corp., Ltd.......................
Alfred L. Wolff (Beijing) Co.,
Ltd..............................
Anhui Honghui Foodstuff (Group)
Co., Ltd.........................
Anhui Honghui Import & Export
Trade Co., Ltd...................
Anhui Cereals Oils and Foodstuffs
I/E (Group) Corporation..........
Anhui Native Produce Imp & Exp
Corp.............................
APM Global Logistics (Shanghai)
Co...............................
Baiste Trading Co., Ltd...........
Cheng Du Wai Yuan Bee Products
Co., Ltd.........................
Chengdu Stone Dynasty Art Stone...
Dongtai Peak Honey Industry Co.,
Ltd..............................
Eurasia Bee's Products Co., Ltd...
Fresh Honey Co., Ltd. (formerly
Mgl. Yun Shen)...................
Golden Tadco Int'l................
Hangzhou Golden Harvest Health
Industry Co., Ltd................
Haoliluck Co., Ltd................
[[Page 4773]]
Hengjide Healthy Products Co. Ltd.
Hubei Yusun Co., Ltd..............
Inner Mongolia Altin Bee-Keeping..
Inner Mongolia Youth Trade
Development Co., Ltd.............
Jiangsu Cereals, Oils Foodstuffs
Import Export (Group) Corp.......
Jiangsu Light Industry Products
Imp & Exp (Group) Corp...........
Jiangsu Kanghong Natural
Healthfoods Co., Ltd.............
Jiangsu Light Industry Products
Imp & Exp (Group) Corp...........
Jilin Province Juhui Import.......
Maersk Logistics (China) Company
Ltd..............................
Nefelon Limited Company...........
Ningbo Shengye Electric Appliance.
Ningbo Shunkang Health Food Co.,
Ltd..............................
Ningxia Yuehai Trading Co., Ltd...
Product Source Marketing Ltd......
Qingdao Aolan Trade Co., Ltd......
QHD Sanhai Honey Co., Ltd.........
Qinhuangdao Municipal Dafeng
Industrial Co., Ltd..............
Renaissance India Mannite.........
Shaanxi Youthsun Co., Ltd.........
Shanghai Bloom International
Trading Co., Ltd.................
Shanghai Foreign Trade Co., Ltd...
Shanghai Hui Ai Mal Tose Co., Ltd.
Shanghai Taiside Trading Co., Ltd.
Shine Bal Co., Ltd................
Sichuan-Dujiangyan Dubao Bee
Industrial Co., Ltd..............
Silverstream International Co.,
Ltd..............................
Suzhou Shanding Honey Product Co.,
Ltd..............................
Tianjin Eulia Honey Co., Ltd......
Wuhan Bee Healthy Co., Ltd........
Wuhan Shino-Food Trade Co., Ltd...
Wuhu Fenglian Co., Ltd............
Wuhu Qinshi Tangye................
Wuhu Qinshgi Tangye...............
Xinjiang Jinhui Food Co., Ltd.....
Zhejiang Willing Foreign Trading
Co...............................
THE PEOPLE'S REPUBLIC OF CHINA: Malleable
Cast Iron Pipe Fittings..................
A-570-881................................. 12/1/08 - 11/30/09
Mueller Comercial de Mexico, S. de
R.L. de C.V......................
Countervailing Duty Proceedings...
ARGENTINA: Honey..........................
C-357-813................................. 1/1/09 - 12/31/09
INDIA: Carbazole Violet Pigment 23........
C-533-839................................. 1/1/08 - 12/31/08
Meghmani Pigments.................
Suspension Agreements.............
None......................................
Deferral of Initiation of
Administraive Review.............
ARGENTINA: Honey..........................
A-357-812................................. 12/1/08 - 11/30/09
Asociacion de Cooperativas
Argentinas.......................
------------------------------------------------------------------------
\3\ If one of the above named companies does not qualify for a separate
rate, all other exporters of Certain Cased Pencils 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 Hand Trucks and Parts Thereof 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 Honey 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 Malleable Cast Iron Pipe Fittings 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.
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
[[Page 4774]]
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 in 19 CFR
351.101(d)).
These initiations and this notice are in accordance with section
751(a) of the Tariff Act of l930, as amended (19 USC 1675(a)), and 19
CFR 351.221(c)(1)(i).
Dated: January 22, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-1898 Filed 1-28-10; 8:45 am]
BILLING CODE 3510-DS-S