[Federal Register Volume 75, Number 163 (Tuesday, August 24, 2010)]
[Notices]
[Pages 51979-51980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21042]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-952]
Narrow Woven Ribbons with Woven Selvedge from the People's
Republic of China: Amended Final Determination of Sales at Less Than
Fair Value
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: August 24, 2010.
FOR FURTHER INFORMATION CONTACT: Karine Gziryan, AD/CVD Operations,
Office 4, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202) 482-4081.
SUPPLEMENTARY INFORMATION:
Amendment to the Final Determination
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended, (``the Act''), on July 19, 2010, the Department of
Commerce ( ``the Department'') published the final determination of
sales at less than fair value (``LTFV'') in the antidumping
investigation of narrow woven ribbons with woven selvedge (``narrow
woven ribbons'') from the People's Republic of China (``PRC''). See
Narrow Woven Ribbons With Woven Selvedge From the People's Republic of
China: Final Determination of Sales at Less Than Fair Value, 75 FR
41808 (July 19, 2010) (``Final Determination'').
On July 19, 2010, Ningbo MH Industry Co. Ltd. (``Ningbo MH'') filed
a timely allegation that the Department made a ministerial error in the
Final Determination, specifically, that the Department misidentified
its producer. Ningbo MH thus requested, pursuant to 19 CFR 351.224,
that the Department amend the Final Determination with the correct name
of its producer. Additionally, on July 20, 2010, Yangzhou Bestpak Gifts
& Crafts Co., Ltd. (``Bestpak'') filed a timely allegation that the
Department made a ministerial error in the Final Determination,
specifically, that the Department misidentified the PRC-wide rate used
in calculating the separate rate. Ningbo MH thus requested, pursuant to
19 CFR 351.224, that the Department correct the alleged ministerial
error by recalculating the separate rate. No other parties in this
proceeding submitted comments on the Department's final margin
calculations.
A ministerial error is defined as an error ``in addition,
subtraction, or other arithmetic function, clerical error resulting
from inaccurate copying, duplication, or the like, and any other type
of unintentional error which the Department considers ministerial.''
See section 735(e) of the Act; see also 19 CFR 351.224(f).
After analyzing Bestpak's comments, we have determined, in
accordance with section 735(e) of the Act and 19 CFR 351.224(e), that
we made an inadvertent ministerial error by inaccurately listing the
PRC-wide entity rate used in the Department's Preliminary
Determination.\1\ However, the appropriate correction for this error is
to amend the Corroboration section of the Final Determination, as
detailed below, not recalculation of the separate rate. For a detailed
discussion of this ministerial error, see Memorandum to Edward C. Yang,
Acting Deputy Assistant Secretary, for Antidumping and Countervailing
Duty Operations, through Abdelali Elouaradia, Director, AD/CVD
Operations, Office 4, concerning, ``Ministerial Errors Memorandum,
Amended Final Determination of Sales at Less Than Fair Value: Narrow
Woven Ribbons with Woven Selvedge from the People's Republic of
China,'' dated August 12, 2010 (``Ministerial Error Memo'').
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\1\ See Narrow Woven Ribbons with Woven Selvedge from the
People's Republic of China: Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final Determination, 75 FR
7244 (February 18, 2010) (``Preliminary Determination'').
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Additionally, after analyzing Ningbo MH's comments, we have
determined, in accordance with section 735(e) of the Act and 19 CFR
351.224(e), that we did not make a ministerial error with respect to
Ningbo MH's producer's name. For a detailed discussion of our analysis,
see Ministerial Error Memo.
Therefore, in accordance with section 735(e) of the Act, we are
amending the final determination of sales at LTFV in the antidumping
duty investigation of narrow woven ribbons from the PRC. After
correcting this ministerial error, the final text of the Final
Determination Corroboration section should read as follows:
Section 776(c) of the Act provides that, when the Department relies
on secondary information rather than on information obtained in the
course of an investigation as facts available, it must, to the extent
practicable, corroborate that information from independent sources
reasonably at its disposal. Secondary information is described as
``information derived from the petition that gave rise to the
investigation or review, the final determination concerning merchandise
subject to this investigation, or any previous review under section 751
concerning the merchandise subject to this investigation.''\2\ To
``corroborate'' means that the Department will satisfy itself that the
secondary information to be used has probative value. Independent
sources used to corroborate may include, for example, published price
lists, official import statistics and customs data, and information
obtained from interested parties during the particular investigation.
To corroborate secondary information, the Department will, to the
extent practicable, examine the reliability and relevance of the
information used.\3\
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\2\ See Final Determination of Sales at Less Than Fair Value:
Sodium Hexametaphosphate From the People's Republic of China, 73 FR
6479, 6481 (February 4, 2008), quoting SAA at 870.
\3\ See Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished, From Japan, and Tapered Roller Bearings, Four Inches or
Less in Outside Diameter, and Components Thereof, From Japan;
Preliminary Results of Antidumping Duty Administrative Reviews and
Partial Termination of Administrative Reviews, 61 FR 57391, 57392
(November 6, 1996), unchanged in Tapered Roller Bearings and Parts
Thereof, Finished and Unfinished, From Japan, and Tapered Roller
Bearings, Four Inches or Less in Outside Diameter, and Components
Thereof, From Japan; Final Results of Antidumping Duty
Administrative Reviews and Termination in Part, 62 FR 11825 (March
13, 1997).
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The adverse facts available (``AFA'') rate that the Department used
is drawn from the petition, as adjusted to reflect the United States
Court of Appeals for the Federal Circuit (``CAFC'')'s decision in
Dorbest. See Final Determination, Issues and Decision Memorandum at
Comment 1. Petitioner's methodology for calculating the U.S. price and
normal value (``NV'') in the petition is discussed in the Initiation
Notice.\4\ In
[[Page 51980]]
the Preliminary Determination, we assigned to the PRC-wide entity the
margin alleged in the petition, i.e., 231.40 percent.\5\ For the final
determination, we have assigned to the PRC-wide entity the rate of
247.65 percent.\6\ To corroborate the AFA margin that we have selected,
we compared it to the model-specific margins we found for the
participating mandatory respondent, Yama. We found that the margin of
247.65 percent has probative value because it is in the range of Yama's
model-specific margins.\7\ Accordingly, we find that the rate of 247.65
percent is corroborated within the meaning of section 776(c) of the
Act.\8\
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\4\ See Narrow Woven Ribbons with Woven Selvedge from the
People's Republic of China and Taiwan: Initiation of Antidumping
Duty Investigations, 74 FR 39291 (August 6, 2009) (``Initiation
Notice'')
\5\ See Preliminary Determination, 75 FR at 7251.
\6\ See Final Determination, Issues and Decisions Memorandum at
Comment 1. See also July 12, 2010 Memorandum to the File from Karine
Gziryan, International Trade Analyst, AD/CVD Operations, Office 4,
``Antidumping Investigation of Narrow Woven Ribbons with Woven
Selvedge from the People's Republic of China: Proprietary Memorandum
regarding Corroboration''.
\7\ See Final Analysis Memorandum for Yama Ribbons and Bows Co.
Ltd., dated July 12, 2010.
\8\ See Final Determination, Issues and Decision Memorandum at
Comment 12; see also July 12, 2010 Memorandum to the File from
Karine Gziryan, International Trade Analyst, AD/CVD Operations,
Office 4, ``Antidumping Investigation of Narrow Woven Ribbons with
Woven Selvedge from the People's Republic of China: Proprietary
Memorandum regarding Corroboration''.
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Continuation of Suspension of Liquidation:
In accordance with section 735(c)(1)(B) of the Act, the Department
has instructed U.S. Customs and Border Protection (``CBP'') to continue
to suspend liquidation of all entries of narrow woven ribbons from the
PRC, as described in the ``Scope of Investigation'' section, entered,
or withdrawn from warehouse, for consumption on or after, February 18,
2010, the date of publication of the Preliminary Determination in the
Federal Register. See Preliminary Determination. The Department has
instructed CBP to require a cash deposit or the posting of a bond equal
to the weighted-average dumping margin amount by which the normal value
exceeds U.S. price.
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.224(e).
Dated: August 17, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-21042 Filed 8-23-10; 8:45 am]
BILLING CODE 3510-DS-S