[Federal Register Volume 75, Number 80 (Tuesday, April 27, 2010)]
[Notices]
[Pages 22107-22109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9491]
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DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and Countervailing Duty Administrative
Reviews and Request for Revocation in Part
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 March anniversary dates.
We received a timely request to revoke one antidumping duty order in
part. In accordance with the Department's regulations, we are
initiating those administrative reviews.
DATES: Effective Date: April 27, 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 March anniversary dates.
We also received a timely request to revoke in part the antidumping
duty order on Certain Orange Juice from Brazil with respect to one
exporter.
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 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 Web site 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
[[Page 22108]]
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 Application, refer to the instructions contained in the
application. Separate Rate 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
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 proceeding (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 Certification.
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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 section 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 March 31, 2011.
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Period to be
reviewed
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Antidumping Duty Proceedings
Brazil:
Certain Hot-Rolled Carbon Steel Flat Products A- 3/1/09-2/28/10
351-828.........................................
Companhia Siderurgica Paulista (Cosipa)......
Usiminas Siderurgicas de Minas Gerais, S.A.
(Usiminas)..................................
Companhia Siderurgica de Tubarao (CST).......
Companhia Siderurgica Nacional (CSN).........
Certain Orange Juice A-351-840................... 3/1/09-2/28/10
Fischer S/A Agroindustria/Fischer S.A.
Comercio, Industria, and Agricultura........
Sucocitrico Cutrale S.A.
Coinbra-Frutesp S.A.
Montecitrus Trading S.A.
Germany:
Brass Sheet and Strip A-428-602.................. 3/1/09-2/28/10
Wieland-Werke AG.............................
Thailand:
Circular Welded Carbon Steel Pipe and Tube A-549- 3/1/09-2/28/10
502.............................................
Saha Thai Steel Pipe Company, Ltd.
The People's Republic of China:
Certain Tissue Paper Products \3\ A-570-894...... 3/1/09-2/28/10
Fujian Provincial Shaowu City Huaguang
Special Craft Co., Ltd.
Max Fortune Industrial Limited...............
Max Fortune (FZ) Paper Products Co., Ltd. (f/
k/a Max Fortune (FETDE) Paper Products Co.,
Ltd.).......................................
Max Fortune (Vietnam) Paper Products Company
Limited.....................................
Circular Welded Austenitic Stainless Pressure 9/5/08--2/28/10
Pipe \4\ A-570-930..............................
Zhejiang Jiuli Hi-Tech Metals Co., Ltd.
Glycine \5\ A-570-836............................ 3/1/09-2/28/10
A&A Pharmachem Inc.
Advance Exports..............................
Aico Laboratories Ltd.
Baoding Mantong Fine Chemistry Co., Ltd.
Beijing Onlystar Technology Co. Ltd.
Bulk Pharmaceuticals Corp.
Changzhou An-Yuan Imp. Exp. Co.
China Jiangsu International..................
Chiyuen International Trading Ltd.
Easybuyer Hong Kong Ltd.
General Ingredient Inc.
Hebei Donghua Chemical Corporation...........
Jizhou City Huayang Chemical Co., Ltd.
Keele Warehousing & Logistics................
Kissner Milling Co. Ltd.
Kowa Company Ltd.
Long Dragon Company Ltd.
Maruzen Chemicals Company Limited............
Nantong Dongchang Chemical Industry Corp.
Nutracare International......................
Pancosma Canada..............................
Paras Intermediates Pvt. Ltd.
Qingdao Samin Chemical Co., Ltd.
Ravi Industries..............................
Salvi Chemical Industries....................
[[Page 22109]]
Samin Chemical Co., Ltd.
Shaanxi Maxsun Trading Co., Ltd.
Shijiazhuang Green Ccarbon Products Co., Ltd.
Showa Denko K.K.
Sinochem Qingdao Company, Ltd.
Tianjin Tiancheng Pharmaceutical Company.....
Yuki Gosei Kogyo Co., Ltd.
Countervailing Duty Proceedings
None.
Suspension Agreements
None.
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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 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.
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\3\ If one of the above-named companies does not qualify for a
separate rate, all other exporters of Certain Tissue 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.
\4\ If the above-named company does not qualify for a separate
rate, all other exporters of Circular Welded Austenitic Stainless
Pressure Pipe 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 Glycine 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.
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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 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). 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 Tariff Act of 1930, as amended (19 U.S.C. 1765(a)), and
19 CFR 351.221(c)(1)(i).
Dated: April 19, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-9491 Filed 4-23-10; 4:15 pm]
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