Federal Register, Volume 75 Issue 208 (Thursday, October 28, 2010)

[Federal Register Volume 75, Number 208 (Thursday, October 28, 2010)]
[Notices]
[Pages 66349-66352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27296]

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DEPARTMENT OF COMMERCE

International Trade Administration

Initiation of Antidumping and Countervailing Duty Administrative
Reviews

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 September anniversary
dates. In accordance with the Department's regulations, we are
initiating those administrative reviews.

DATES: Effective Date: October 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 and
countervailing duty orders and findings with September anniversary
dates.
All deadlines for the submission of various types of information,
certifications, or comments or actions by the Department discussed
below refer to the number of calendar days from the applicable starting
date.

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 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 period of review. 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

[[Page 66350]]

respondents based on U.S. Customs and Border Protection (``CBP'') data
for U.S. imports during the period of review (``POR''). We intend to
release the CBP data under Administrative Protective Order (``APO'') to
all parties having an APO within seven days of publication of this
initiation notice and to make our decision regarding respondent
selection within 21 days of publication of this Federal Register
notice. The Department invites comments regarding the CBP data and
respondent selection within five days of placement of the CBP data on
the record of the applicable review.

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 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 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.
For entities that have not previously been assigned a separate
rate, to demonstrate eligibility for such, the Department requires a
Separate Rate Status Application. The Separate Rate Status 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 days after
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.
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 sections 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 September 30, 2011.

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Period to be
reviewed
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Antidumping Duty Proceedings
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India: Certain Lined Paper Products, A-533-843....... 9/1/09-8/31/10
Abhinav Paper Products Pvt. Ltd.
American Scholar, Inc. and/or I-Scholar
Ampoules & Vials Mfg. Co., Ltd.
AR Printing & Packaging (India) Pvt
Bafna Exports
Cello International Pvt. Ltd. (M/S Cello Paper
Products)
Creative Divya
Corporate Stationery Pvt. Ltd.
D.D International
Excel India (Pvt.) Ltd.
Exmart International Pvt. Ltd.
Fatechand Mahendrakumar
FFI International
Freight India Logistics Pvt. Ltd.
International Greetings Pvt. Ltd.
Kejriwal Paper Ltd. and Kejriwal Exports
Lodha Offset Limited
Magic International Pvt Ltd.
Marigold ExIm Pvt. Ltd.
Marisa International
Navneet Publications (India) Ltd.
Orient Press Ltd.

[[Page 66351]]

Paperwise Inc.
Pioneer Stationery Pvt. Ltd.
Premier Exports
Rajvansh International
Riddhi Enterprises
SAB International
Sar Transport Systems
Seet Kamal International
Sonal Printers Pvt Ltd.
Super Impex
Swati Growth Funds Ltd.
V & M
Yash Laminates
The People's Republic of China: Certain Lined Paper 9/1/09-8/31/10
Products,\1\ A-570-901..............................
Shanghai Lian Li Paper Products Co., Ltd.
Leo's Quality Products Co., Ltd./Denmax Plastic
Stationary Factory
Watanabe Group (consisting of the following
companies):
Watanabe Paper Products (Shanghai) Co., Ltd.
Watanabe Paper Products (Linqing) Co., Ltd.
Hotrock Stationery (Shenzhen) Co., Ltd.
The People's Republic of China: Certain New Pneumatic 9/1/09-8/31/10
Off-the-Road Tires,\2\ A-570-912....................
Guizhou Tyre Co., Ltd.
Guizhou Advance Rubber Co., Ltd.
Guizhou Tyre Import and Export Corporation
Hangzhou Zhongce Rubber Co., Ltd.
Hebei Starbright Tire Co., Ltd.
KS Holding Limited/KS Resources Limited
Laizhou Xiongying Rubber Industry Co., Ltd.
Mai Shandong Radial Tyre Co., Ltd.
Qingdao Free Trade Zone Full-World International
Trading Company, LTD.
Qingdao Tiafa Group Co., Ltd.
Tianjin United Tire & Rubber International Co.,
Ltd.
Weihai Zhongwei Rubber Co., Ltd.
The People's Republic of China: Freshwater Crawfish 9/1/09-8/31/10
Tail Meat,\3\ A-570-848.............................
China Kingdom (Beijing) Import & Export Co., Ltd.
Nanjing Gemsen International Co., Ltd.
Shanghai Ocean Flavor International Trading Co.,
Ltd.
Xiping Opeck Food Co., Ltd.
Xuzhou Jinjiang Foodstuffs Co., Ltd.
Yancheng Hi-King Agriculture Developing Co., Ltd.
The People's Republic of China: Kitchen Appliance 3/5/09-8/31/10
Shelving and Racks,\4\ \5\ A-570-941................
Asia Pacific CIS (Wuxi) Co., Ltd.
Asia Pacific CIS (Thailand) Co., Ltd.
Guangdong Wire King Co., Ltd. (formerly known as
Foshun Shunde Wireking Housewares & Hardware)
Hangzhou Dunli Import & Export Co., Ltd. and
Hangzhou Dunli Industry Co., Ltd.
Hengtong Hardware Manufacturing (Huizhou) Co.,
Ltd.
Jiangsu Weixi Group Co.
King Shan Wire Co., Ltd. (parent company of New
King Shan (Zhuhai) Co., Ltd.)
Leader Metal Industry Co., Ltd. (aka Marmon
Retail Services Asia)
New King Shan (Zhu Hai) Co., Ltd.
Taiwan Rail Company
------------------------------------------------------------------------

Countervailing Duty Proceedings
------------------------------------------------------------------------

Brazil: Certain Hot-Rolled Carbon Steel Flat 1/1/09-12/31/09
Products, C-351-829.................................
Usinas Siderurgicas de Minas Gerais S.A.--
Usiminas
Companhia Siderurgica Paulista--Cosipa
The People's Republic of China: Certain New Pneumatic 1/1/09-12/31/09
Off-the-Road Tires, C-570-913.......................
Guizhou Tyre Co., Ltd.
Guizhou Advance Rubber Co., Ltd.
Guizhou Tyre Import and Export Corporation
Qingda Etyre International Trade Co., Ltd.
Qingdao Hengda Tyres Co., Ltd.
Qingdao Sinorient International Ltd.
Qingdao Qizhou Rubber Co., Ltd.
Shandong Huitong Tyre Co., Ltd.
Tianjin United Tire & Rubber International Co.,
Ltd.
Techking Tires Limited
Wendeng Sanfeng Tyre Co., Ltd.
The People's Republic of China: Kitchen Appliance 1/7/09-12/31/09
Shelving and Racks,\6\ C-570-942....................
Asia Pacific CIS (Wuxi) Co., Ltd.
Asia Pacific CIS (Thailand) Co., Ltd.
Guangdong Wire King Co., Ltd. (formerly known as
Foshun Shunde

[[Page 66352]]

Wireking Housewares & Hardware)
Hangzhou Dunli Import & Export Co., Ltd. and
Hangzhou Dunli Industry Co., Ltd.
Hengtong Hardware Manufacturing (Huizhou) Co.,
Ltd.
Jiangsu Weixi Group Co.
King Shan Wire Co., Ltd. (parent company of New
King Shan (Zhuhai) Co., Ltd.)
Leader Metal Industry Co., Ltd. (aka Marmon
Retail Services Asia)
New King Shan (Zhu Hai) Co., Ltd.
Taiwan Rail Company
------------------------------------------------------------------------
\1\ If one of the above named companies does not qualify for a separate
rate, all other exporters of Certain Lined Paper Products 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.
\2\ If one of the above named companies does not qualify for a separate
rate, all other exporters of Certain New Pneumatic Off-the-Road Tires
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.
\3\ If one of the above named companies does not qualify for a separate
rate, all other exporters of Freshwater Crawfish Tail Meat 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 Kitchen Appliance Shelving and Racks 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\ Petitioners, SSW Holding Company, Inc. and Nashville Wire Products,
Inc, also requested a review of five additional companies. However,
the Department has sought additional information as to why Petitioners
desire a review of these companies, as required by 19 CFR
351.213(b)(1). We are still considering the appropriateness of
initiating a review of these five companies. Therefore, at this time,
we are not initiating a review with respect to the following
companies: Asia Pacific CIS (Wuxi) Co., Ltd., Asia Pacific CIS
(Thailand) Co., Ltd., Hengtong Hardware Manufacturing (Huizhou) Co.,
Ltd., Taiwan Rail Company, and King Shan Wire Co., Ltd.
\6\ See footnote 5.

Suspension Agreements

None.
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 for 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
351.103(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: October 25, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-27296 Filed 10-27-10; 8:45 am]
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