[Federal Register Volume 75, Number 228 (Monday, November 29, 2010)]
[Notices]
[Pages 73040-73041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29969]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-894]
Certain Tissue Paper Products From the People's Republic of
China: Notice of Partial Rescission and Extension of Time Limit for
Preliminary Results of 2009-2010 Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (the Department) is rescinding
in part the administrative review of the antidumping duty order on
certain tissue paper products from the People's Republic of China (PRC)
for the period of review (POR) of March 1, 2009, to February 28, 2010,
with respect to Max Fortune Industrial Limited (Max Fortune
Industrial), Max Fortune (FZ) Paper Products Co., Ltd. (formerly known
as Max Fortune (FETDE) Paper Products Co., Ltd.) (Max Fortune Fuzhou),
and Fujian Provincial Shaowu City Huaguang Special Craft Co., Ltd.
(Huaguang Special Craft). This partial rescission is based on the
timely withdrawal of the requests for review by the only interested
parties that requested the review of these companies. The Department is
also fully extending the time limit for completion of the preliminary
results of this administrative review with respect to Max Fortune
(Vietnam) Paper Products Company Limited (Max Fortune Vietnam) to no
later than March 31, 2011.
DATES: Effective Date:
November 29, 2010.
FOR FURTHER INFORMATION CONTACT: Brian Smith or Gemal Brangman, AD/CVD
Operations, Office 2, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
1766 or (202) 482-3773, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2010, the Department published a notice of opportunity
to request an administrative review of the antidumping duty order on
certain tissue paper products from the PRC. See Antidumping or
Countervailing Duty Order, Finding, or Suspended Investigation;
Opportunity to Request Administrative Review, 75 FR 9162 (March 1,
2010). In response, on March 31, 2010, the petitioner \1\ timely
requested an administrative review of the antidumping duty order on
certain tissue paper products from the PRC for entries of the subject
merchandise during the POR, from Max Fortune Industrial, Max Fortune
Fuzhou, and Max Fortune Vietnam (i.e., exporters of the subject
merchandise). Similarly, in a letter dated March 31, 2010, Huaguang
Special Craft (i.e., an exporter of the subject merchandise) submitted
a timely request for an administrative review of its entries of the
subject merchandise during the POR. Therefore, on April 19, 2010, the
Department initiated a review of Max Fortune Industrial, Max Fortune
Fuzhou, Max Fortune Vietnam, and Huaguang Special Craft. See Initiation
of Antidumping and Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 75 FR 22107 (April 27, 2010).
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\1\ The petitioner is Seaman Paper Company of Massachusetts,
Inc.
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In a letter dated July 6, 2010, Huaguang Special Craft informed the
Department that it had withdrawn from this review and would no longer
be participating in this segment of the proceeding. In a letter dated
July 26, 2010, the petitioner withdrew its request for review of Max
Fortune Industrial and Max Fortune Fuzhou, and requested that the
Department rescind the review with respect to these companies. No other
parties requested a review of Max Fortune Industrial, Max Fortune
Fuzhou, or Huaguang Special Craft. The request for review of Max
Fortune Vietnam was not withdrawn, and therefore, this administrative
review will continue with respect to that company to examine its claim
that it did not use PRC jumbo rolls or sheets of tissue paper in its
shipments of tissue paper to the United States during the period of
review. Max Fortune Vietnam is also a respondent in an ongoing
anticircumvention inquiry and the Department intends to conduct
verification of the above-mentioned claim in the context of that
segment (see discussion below).
On March 29, 2010, the Department also initiated a circumvention
inquiry on certain imports of tissue paper from
[[Page 73041]]
Vietnam. See Certain Tissue Paper Products from the People's Republic
of China: Initiation of Anti-circumvention Inquiry, 75 FR 17127 (April
5, 2010) (Initiation). In the Initiation notice, the Department stated
that it would focus its analysis on the significance of the production
process in Vietnam by Max Fortune Vietnam, the company the petitioner
identified in its circumvention request (which is the same company on
which the Department initiated an administrative review). In its June
28, 2010, response to the Department's April 23, 2010, questionnaire in
the anticircumvention inquiry, Max Fortune Vietnam claimed that it did
not export tissue paper to the United States produced from jumbo rolls
imported from the PRC since January 2008. Likewise, in its August 17,
2010, response to the Department's May 7, 2010, questionnaire, in this
review, Max Fortune Vietnam claimed that it did not export subject
merchandise from the PRC or Vietnam.
Rescission, in Part, of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review, in whole or in part, if the party who requested
the review withdraws the request within 90 days of the date of
publication of the notice of initiation of the requested review.
Accordingly, the petitioner timely withdrew its request for review of
Max Fortune Industrial and Max Fortune Fuzhou. In addition, Huaguang
Special Craft withdrew its own request for review within the 90-day
period. Because no other party requested a review of these companies'
entries, we are rescinding this administrative review with respect to
these companies in accordance with 19 CFR 351.213(d)(1).
Extension of Time Limits for Preliminary Results
Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the
Act), requires the Department to issue the preliminary results of an
administrative review within 245 days after the last day of the
anniversary month of the date of publication of an order for which a
review is requested. If it is not practicable to complete the review
within this time period, section 751(a)(3)(A) of the Act allows the
Department to extend this deadline to a maximum of 365 days.
As noted above, Max Fortune Vietnam claimed that it made no
shipments from Vietnam of tissue paper made from PRC-origin jumbo rolls
or sheets to the U.S. market during the POR. Data on the record does
indicate, however, that Max Fortune Vietnam has exported tissue paper
from Vietnam to the U.S. market during the period overlapping the
administrative review POR. In response to the Department's
questionnaire in the anticircumvention inquiry, Max Fortune Vietnam
claimed that it has not exported to the United States tissue paper
produced from jumbo rolls imported from the PRC since January 2008.
Depending on the Department's finding in the anticircumvention segment,
Max Fortune Vietnam may or may not continue to be a respondent in the
administrative review. Because the Department intends to conduct
verification of Max Fortune Vietnam's claims in the circumvention
segment, the results of that verification will directly impact the
administrative review segment of this proceeding. The Department,
therefore, requires additional time in this review to make a
preliminary finding on Max Fortune Vietnam's ``no shipment'' claim. For
this reason, it is not practicable to complete this review within the
original time limit. Thus, the Department is fully extending the time
limit for completion of the preliminary results by 120 days to 365
days, in accordance with section 751(a)(3)(A) of the Act. The
preliminary results are now due no later than March 31, 2011. The final
results continue to be due 120 days after publication of the
preliminary results.
Assessment
For the companies for which the Department is rescinding this
review, the Department will instruct U.S. Customs and Border Protection
(CBP) to assess antidumping duties on all appropriate entries.
Therefore, for Max Fortune Industrial, Max Fortune Fuzhou, and Huaguang
Special Craft, antidumping duties shall be assessed, if applicable, at
rates equal to the cash deposit of estimated antidumping duties
required at the time of entry, or withdrawal from warehouse, for
consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department
intends to issue appropriate assessment instructions directly to CBP 15
days after publication of this notice.
Notification to Importers
This notice serves as a reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and the
terms of an APO is a sanctionable violation.
This notice is published in accordance with sections 751(a)(3)(A)
and 777(i) of the Act, and 19 CFR 351.213(d)(4) and 351.213(h)(2).
Dated: November 19, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-29969 Filed 11-26-10; 8:45 am]
BILLING CODE 3510-DS-P