[Federal Register Volume 76, Number 81 (Wednesday, April 27, 2011)]
[Notices]
[Pages 23545-23548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10185]
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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 March anniversary dates.
In accordance with the Department's regulations, we are initiating
those administrative reviews.
DATES: Effective Date: April 27, 2011.
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.
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
time.
Notice of No Sales
If a producer or exporter named in this notice of initiation had no
exports, sales, or entries during the period of review (``POR''), it
must notify the Department within 60 days of publication of this notice
in the Federal Register. 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 (``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)(3)(ii), 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 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.
[[Page 23546]]
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 60 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 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 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 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 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, 2012.
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Period to be
reviewed
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Antidumping Duty Proceedings
Brazil: Certain Orange Juice, A-351-840.............. 3/1/10-2/28/11
Fischer S.A Comercio, Industria, and Agricultura
Sucocitrico Cutrale Ltda.\3\
Coinbra-Frutesp S.A.
Montecitrus Trading S.A.
Louis Dreyfus Commodities Agroindustrial S.A.\4\
Germany: Brass Sheet and Strip, A-428-602............ 3/1/10-2/28/11
Wieland-Werke AG.
Thailand: Circular Welded Carbon Steel Pipes and 3/1/10-2/28/11
Tubes, A-549-502....................................
Saha Thai Steel Pipe (Public) Company, Ltd.
Pacific Pipe Public Company Limited.
The People's Republic Of China: Certain Tissue Paper 3/1/10-2/28/11
Products \5\, A-570-894.............................
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
Fuzhou Tian Jun Trading Co., Ltd. (a/k/a Fuzhou
Tianjun Foreign Trade Co., Ltd.)
The People's Republic of China: Glycine \6\, A-570- 3/1/10-2/28/11
836.................................................
A&A Pharmachem Inc.
Advance Exports.
AICO Laboratories Ltd.
Avid Organics.
Baoding Mantong Fine Chemistry Co., Ltd.
Beijing Onlystar Technology Co. Ltd.
China Jiangsu International.
Chiyuen International Trading Ltd.
[[Page 23547]]
E-Heng Import & Export Co., Ltd.
General Ingredient Inc.
Hebei Donghua Chemical General Corporation.
Hebei Donghua Jiheng Fine Chemical.
H.K. Tangfin Chemicals Co., Ltd.
Jizhou City Huayang Chemical Co., Ltd.
Kissner Milling Co. Ltd.
Long Dragon Company Ltd.
Nantong Dongchang Chemical Industry Corp.
Nutracare International.
Paras Intermediates Pvt. Ltd.
Qingdao Samin Chemical Co., Ltd.
Ravi Industries.
Salvi Chemical Industries.
Shaanxi Maxsun Trading Co., Ltd.
Shijiazhuang Green Carbon Products Co., Ltd.
Showa Denko K.K.
Sinochem Qingdao Company, Ltd.
Sino-Siam Resources Imp. & Exp. Co., Ltd.
Tianjin Tiancheng Pharmaceutical Company.
Universal Minerals.
Yuki Gosei Kogyo Co., Ltd.
The People's Republic of China: Sodium 3/1/10-02/28/11
Hexametaphosphate \7\, A-570-908....................
Hubei Xingfa Chemical Group Co., Ltd.
Countervailing Duty Proceedings
Turkey: Welded Carbon Steel Pipe and Tube, C-489-502. 1/1/10-12/31/10
Borusan Group.
Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
Borusan Istikbal Ticaret T.A.S.
ERBOSAN Erciyas Boru Sanayi ve Ticaret A.S.
Tosyali dis Ticaret A.S.
Toscelik Profil ve Sac Endustrisi A.S.
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\ The petitioners also requested a review of Sucocitrico
Cutrale S.A., which we have determined in prior segments of this
proceeding is the same company as Sucocitrico Cutrale Ltda.
\4\ Louis Dreyfus Commodities Agroindustrial S.A. claimed in its
request for review that it is the successor-in-interest to Coinbra-
Frutesp S.A. and we are currently evaluating this claim.
\5\ 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.
\6\ 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.
\7\ If the above-named company does not qualify for a separate
rate, all other exporters of Sodium Hexametaphosphate 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 (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)).
Any party submitting factual information in an AD/CVD proceeding
must certify to the accuracy and completeness of that information. See
section 782(b) of the Act. Parties are hereby reminded that revised
certification requirements are in effect for company/government
officials as well as their representatives in all segments of any AD/
CVD proceedings initiated on or after March 14, 2011. See Certification
of Factual Information to Import Administration During Antidumping and
Countervailing Duty Proceedings: Interim Final Rule, 76 FR 7491
(February 10, 2011) (Interim Final Rule), amending 19 CFR 351.303(g)(1)
and (2). The formats for the revised
[[Page 23548]]
certifications are provided at the end of the Interim Final Rule. The
Department intends to reject factual submissions in any proceeding
segments initiated on or after March 14, 2011 if the submitting party
does not comply with the revised certification requirements.
These initiations and this notice are in accordance with section
751(a) of the Act (19 U.S.C. 1765(a)), and 19 CFR 351.221(c)(1)(i).
April 19, 2011.
Gary Taverman,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2011-10185 Filed 4-26-11; 8:45 am]
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