[Federal Register Volume 73, Number 147 (Wednesday, July 30, 2008)]
[Notices]
[Pages 44220-44223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17485]


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DEPARTMENT OF COMMERCE

International Trade Administration


Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, Request for Revocation in Part, and Deferral of Administrative 
Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce has received requests to conduct 
administrative reviews of various antidumping and countervailing duty 
orders and findings with June anniversary dates. In accordance with the 
Department's regulations, we are initiating those administrative 
reviews. The Department also received a request to revoke one 
antidumping duty order in part and to defer the initiation of an 
administrative review for another antidumping duty order.

EFFECTIVE DATE: July 30, 2008.

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)(2002), for administrative reviews of various antidumping 
and countervailing duty orders and findings with June anniversary 
dates. The Department also received a timely request to revoke in part 
the antidumping duty order on stainless steel butt-weld pipe fittings 
from Taiwan with respect to one exporter. In addition, the Department 
received a request to defer for one year the initiation of the June 1, 
2007 through May 31, 2008 administrative review of the antidumping duty 
order on Folding Metal Tables and Chairs from the People's Republic of 
China 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).

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 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

[[Page 44221]]

the Final Determination of Sales at Less Than Fair Value: Sparklers 
from the People's Republic of China, 56 FR 20588 (May 6, 1991) 
(``Sparklers''), 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) (``Silicon Carbide''). 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 30 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.
    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 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.

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 June 30, 2009. Also in 
accordance with 19 CFR 351.213(c), we deferring for one year the 
iniation of the June 1, 2007 through May 31, 2008 Administrative review 
of the antidumping duty order on Folding Metal Tables and Chairs from 
the People's Republic of China with respect to one exporter.

------------------------------------------------------------------------
                                                  Period to be  reviewed
------------------------------------------------------------------------
          Antidumping Duty Proceedings
 
Japan: Certain Large Diameter Carbon and Alloy        6/1/2007-5/31/2008
 Seamless, Standard, Line, and Pressure Pipe,-
 588-850.......................................
    JFE Steel Corporation
    Nippon Steel Corporation
    NKK Tubes
    Sumitomo Metal Industries, Ltd.
Japan: Hot-Rolled Carbon Steel Flat Products, A-     6/1/2007-05/31/2008
 588-846.......................................
    JFE Steel Corporation
    Nippon Steel Corporation
    Kobe Steel, Ltd.
Spain: Chlorinated Isocyanurates, A-469-814....       6/1/2007-5/31/2008
    Aragonesas Industrias y Energia
    Inquide Flix, S.A.
South Korea: Polyethylene Terephthalate Film,        10/2/2007-5/31/2008
 Sheet, and Strip, A-580-807...................
    Kolon Industries, Inc.
Taiwan: Certain Stainless Steel Butt-Weld Pipe        6/1/2007-5/31/2008
 Fittings, A-583-816...........................
    Ta Chen Stainless Pipe Co., Ltd.
    Liang Feng Stainless Steel Fitting Co.,
     Ltd.
    Liang Feng Enterprise
    Tru-Flow Industrial Co., Ltd.
    Censor International Corporation
    PFP Taiwan Co., Ltd.
The People's Republic Of China: Certain Color         6/1/2007-5/31/2008
 Television Receivers \1\, A-570-884...........
    Haier Electric Appliances International Co.
    Hisense Import and Export Co., Ltd.
    Konka Group Company, Ltd.
    Philips Consumer Electronics Co. of Suzhou
     Ltd.
    Shenzhen Chaungwei-RGB Electronics Co.,
     Ltd.
    Sichuan Changhong Electric Co., Ltd.
    Starlight International Holdings, Ltd.
    Star Light Electronics Co., Ltd.
    Star Fair Electronics Co., Ltd.
    Starlight Marketing Development Ltd.
    SVA Group Co., Ltd.
    TCL Holding Company Ltd.
    Xiamen Overseas Chinese Electronic Co.,
     Ltd.
The People's Republic Of China: Certain             12/26/2006-5/31/2008
 Polyester Staple Fiber \2\, A-570-905.........
    Far Eastern Industries, Ltd., (Shanghai)
     and Far Eastern Polychem Industries
    Ningbo Dafa Chemical Fiber Co., Ltd.

[[Page 44222]]

 
    Cixi Sansheng Chemical Fiber Co., Ltd.
    Cixi Santai Chemical Fiber Co., Ltd.
    Cixi Waysun Chemical Fiber Co., Ltd.
    Hangzhou Best Chemical Fibre Co., Ltd.
    Hangzhou Hanbang Chemical Fibre Co., Ltd.
    Hangzhou Huachuang Co., Ltd.
    Hangzhou Sanxin Paper Co., Ltd.
    Hangzhou Taifu Textile Fiber Co., Ltd.
    Jiaxang Fuda Chemical Fibre Factory
    Nantong Loulai Chemical Fiber Co., Ltd.
    Nanyang Textile Co., Ltd.
    Suzhou PolyFiber Co., Ltd.
    Xiamen Xianglu Chemical Fiber Co.
    Zhaoqing Tifo New Fiber Co., Ltd.
    Zhejiang Anshun Pettechs Fibre Co., Ltd.
    Zhejiang Waysun Chemical Fiber Co., Ltd.
    Dragon Max Trading Development
    Xiake Color Spinning Co., Ltd.
    Jiangyin Hailun Chemical Fiber Co., Ltd.
    Hyosung Singapore PTE Ltd.
    Jiangyin Changlong Chemical Fiber Co., Ltd.
    Ma Ha Company, Ltd.
    Jiangyin Huahong Chemical Fiber Co., Ltd.
    Jiangyin Mighty Chemical Fiber Co., Ltd.
    Huvis Sichuan
The People's Republic Of China: Chlorinated           6/1/2007-5/31/2008
 Isocyanurates \3\, A-570-898..................
    Hebei Jiheng Chemical Company Ltd.
The People's Republic Of China: Folding Metal         6/1/2007-5/31/2008
 Tables and Chairs \4\, A-570-868..............
    Dongguan Shichang Metals Factory Co., Ltd.
    New-Tec Integration Co., Ltd.
    New-Tec Integration (Xiamen) Co., Ltd.
The People's Republic Of China: Non-Frozen            6/1/2007-5/31/2008
 Apple Juice Concentrate \5\, A-570-855........
    Yitian Juice (Shaanxi) Co., Ltd.
The People's Republic Of China: Silicon Metal         6/1/2007-5/31/2008
 \6\, A-570-806................................
    Shanghai Jinneng International Trade Co.,
     Ltd.
    Datong Jinneng Industrial Silicon Co., Inc.
    Jiangxi Gangyuan Silicon Industry Company,
     Ltd.
    S. AU (Guilin) Trade Co., Ltd.
    Lao Silicon Co., Ltd.
The People's Republic Of China: Tapered Roller        6/1/2007-5/31/2008
 Bearings and Parts Thereof, Finished and
 Unfinished \7\, A-570-601.....................
    Peer Bearing Company-Changshan
 
         Countervailing Duty Proceeding
 
None.
 
             Suspension Agreements
 
None.
 
Deferral of Initiation of Administrative Review
 
The People's Republic Of China: Folding Metal         6/1/2007-5/31/2008
 Tables and Chairs, A-570-868..................
    Feili Furniture Development Ltd. Quanzhou
     City
    Feili Furniture Development Co., Ltd.
    Feili Group (Fujian) Co., Ltd.
    Feili (Fujian) Co., Ltd.
------------------------------------------------------------------------
\1\ If one of the above-named companies does not qualify for a separate
  rate, all other exporters of Certain Color Televisions Receivers from
  the People's Republic of China 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 Polyester Staple Fiber from the
  People's Republic of China 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 the above-named company does not qualify for a separate rate, all
  other exporters of Chlorinated Isocyanurates from the People's
  Republic of China 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 Folding Metal Tables and Chairs from the
  People's Republic of China 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 Non-Frozen Apple Juice Concentrate from
  the People's Republic of China 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 Silicon Metal from the People's Republic
  of China 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 Tapered Roller Bearings and Parts Thereof, Finished
  and Unfinished from the People's Republic of China 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.


[[Page 44223]]

    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 section 351.211 or a 
determination under section 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.
    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. 1675(a)), and 
19 CFR 351.221(c)(1)(i).

    Dated: July 24, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
 [FR Doc. E8-17485 Filed 7-29-08; 8:45 am]
BILLING CODE 3510-DS-P