[Federal Register Volume 75, Number 168 (Tuesday, August 31, 2010)]
[Notices]
[Pages 53274-53277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21702]
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DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and Countervailing Duty Administrative
Reviews 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 July anniversary dates. In
accordance with the Department's regulations, we are initiating those
administrative reviews. The Department also received a request to defer
the initiation of administrative review for one antidumping duty order.
DATES: Effective Date: August 31, 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 July anniversary dates.
The Department also received a request to defer for one year the
initiation of the July 1, 2009 through June 30, 2010 administrative
review of the antidumping duty order on Certain Pasta from Italy with
respect to one 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 initiation notice had no exports,
sales, or entries during the POR, it should 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 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
[[Page 53275]]
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 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 July 31, 2011.
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Period to be
reviewed
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Antidumping Duty Proceedings
India: Polyethylene Terephthalate (PET) Film, A-533- 7/1/09-6/30/10
824................................................
Ester Industries Limited ..................
SRF Limited ..................
Italy: Certain Pasta, A-475-818..................... 7/1/09-6/30/10
Agritalia S.r.L. ..................
Domenico Paone fu Erasmo S.p.A. ..................
Industria Alimentare Colavita, S.p.A. ..................
Labor S.r.L. ..................
Molino e Pastificio Tomasello, S.p.A. ..................
PAM. S.p.A. and its affiliate, Liguori ..................
Pastificio dal 1820 SpA
P.A.P. SNC Di Pazienza G.B. & C. ..................
Premiato Pastificio Afeltra S.r.L. ..................
Pasta Zara SpA ..................
Pastificio Di Martino Gaetano & F.lli SpA ..................
Pastificio Fabianelli S.p.A. ..................
Pastificio Felicetti SrL ..................
Pastificio Lucio Garofalo S.p.A. ..................
Pastificio Riscossa F.lli Mastromauro S.p.A. ..................
Rummo S.p.A. Molino e Pastificio ..................
Rustichella d'Abruzzo S.p.A. ..................
Mexico:
Purified Carboxymethylcellulose, A-201-834, 7/1/09-6/30/10
Quimica Amtex, S.A. de C.V.....................
Stainless Steel Sheet and Strip in Coils, A-201- 7/1/09-6/30/10
822, ThyssenKrupp Mexinox S.A. de C.V..........
Russian Federation: Solid Urea, A-821-801, OJSC MCC 7/1/09-6/30/10
EuroChem, and production affiliates, OJSC
Nevinnomyssky Azot and OJSC Novomoskovskaya Azot...
Taiwan: Polyethylene Terephthalate Film, Sheet and 7/1/09-6/30/10
Strip, A-583-837...................................
Nan Ya Plastics Corporation, Ltd. ..................
Shinkong Materials Technology Co., Ltd. ..................
SRF Limited ..................
[[Page 53276]]
The Netherlands: Purified Carboxymethylcellulose, A- 7/1/09-6/30/10
421-811, Akzo Nobel Functional Chemicals, B.V......
The People's Republic of China:
Circular Welded Carbon Quality Steel Pipe,\3\ A- 7/1/09-6/30/10
570-910........................................
Baoshan Iron & Steel Co., Ltd. ..................
Jiangsu Yulong Steel Pipe Co., Ltd. ..................
Liaoning Northern Steel Pipe Co., Ltd. ..................
Hunan Hengyang Steel Tube (Group) Co., Ltd. ..................
CNOOC Kingland Pipeline Co., Ltd. ..................
Jiangsu Changbao Steel Tube Co., Ltd. ..................
Wuxi Fastube Industry Co., Ltd. ..................
Weifang East Steel Pipe Co., Ltd. ..................
Tianjin Shuangjie Steel Pipe Co., Ltd. ..................
Zhejiang Kingland Pipeline Industry Co., ..................
Ltd.
SteelFORCE Far East Ltd. ..................
Tianjin Baolai International Trade Co., Ltd. ..................
Shanghai Zhongyou TIPO Steel Pipe Co., Ltd. ..................
Benxi Northern Steel Pipes, Co. Ltd. ..................
Shanghai Zhongyou Tipo Steel ..................
Huludao City Steel Pipe Industrial ..................
Hebei Zhongyuan Steel Pipe Manufacturer ..................
Tianjin Longshenghua Import & Export ..................
Persulfates,\4\ A-570-847, FMC Corporation...... 7/1/09-6/30/10
Tapered Roller Bearings and Parts Thereof, A-570- 6/1/09-5/31/10
601 Finished and Unfinished, Tianshui Hailin
Import and Export Corporation \5\..............
Turkey: Certain Pasta, A-489-805, Marsan Gida Sanayi 7/1/09-6/30/10
ve Ticaret A.S. (successor-in-interest to Gidasa
Sabanci gida Sanayi ve Ticaret)....................
Countervailing Duty Proceedings
India: Polyethylene Terephthalate (PET) Film, C-533- 1/1/09-12/31/09
825................................................
Ester Industries Limited ..................
SRF Limited ..................
Italy: Certain Pasta, C-475-819..................... 1/1/09-12/31/09
F.lli De Cecco di Filippo Fara San Martino ..................
S.p.A.
Molino e Pastificio Tomasello, S.p.A. ..................
Pastificio Antonio Pallante S.r.L. ..................
Pastificio Fabianelli S.p.A. ..................
The People's Republic of China: Circular Welded 1/1/09-12/31/09
Carbon Quality Steel Pipe, C-570-911...............
Baoshan Iron & Steel Co., Ltd. ..................
Jiangsu Yulong Steel Pipe Co., Ltd. ..................
Liaoning Northern Steel Pipe Co., Ltd. ..................
Hunan Hengyang Steel Tube (Group) Co., Ltd. ..................
CNOOC Kingland Pipeline Co., Ltd. ..................
Jiangsu Changbao Steel Tube Co., Ltd. ..................
Wuxi Fastube Industry Co., Ltd. ..................
Weifang East Steel Pipe Co., Ltd. ..................
Tianjin Shuangjie Steel Pipe Co., Ltd. ..................
Zhejiang Kingland Pipeline Industry Co., Ltd. ..................
Benxi Northern Steel Pipes, Co. Ltd. ..................
Shanghai Zhongyou Tipo Steel ..................
Huludao City Steel Pipe Industrial ..................
Hebei Zhongyuan Steel Pipe Manufacturer ..................
Suspension Agreements
None. ..................
Deferral of Initiation of Administrative Review
Italy: Certain Pasta, A-475-818, Pastificio Attilio 7/1/09-6/30/10
Mastromauro-Pasta Granoro S.r.L....................
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\3\ If one of the above named companies does not qualify for a
separate rate, all other exporters of Circular Welded Carbon Quality
Steel Pipe 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 Persulfates 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\ In the initiation notice that published on July 28, 2010 (75
FR 44224), we initiated a review of Tapered Roller Bearings
(``TRB's'') from the PRC (A-570-601) for the company Tianshui Hailin
Import and Export Corporation. On November 14, 2002 (67 FR 68990),
we published a revocation of the order with respect to TRB's
exported by Tianshui Hailin Import and Export Corporation and
produced by Hailin Bearing Factory. This is to clarify that this
administrative review covers TRB's exported by Tianshui Hailin
Import and Export Corporation that were produced by any manufacturer
other than Hailin Bearing Factory.
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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 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.
[[Page 53277]]
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 ware house, 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: August 25, 2010.
Gary Taverman,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-21702 Filed 8-30-10; 8:45 am]
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