[Federal Register Volume 73, Number 190 (Tuesday, September 30, 2008)]
[Notices]
[Pages 56795-56797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23088]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration


Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Requests 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 August anniversary dates. 
In accordance with the Department's regulations, we are initiating 
those administrative reviews. The Department also received requests to 
revoke two antidumping duty orders in part.

DATES: Effective Date: September 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) (2007), for administrative reviews of various 
antidumping and countervailing duty orders and findings with August 
anniversary dates. The Department also received timely requests to 
revoke in part the antidumping duty order on Frozen Fish Fillets from 
the Socialist Republic of Vietnam and Certain Corrosion-Resistant 
Carbon Steel Flat Products from the Republic of Korea 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 listed below. If a producer or 
exporter named in this notice of initiation had no exports, sales, or 
entries during the period of review, 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 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 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 & Constitution Avenue, NW., 
Washington, DC 20230. Further, in accordance with section 
351.303(f)(1)(i) of the regulations, 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 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) (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

[[Page 56796]]

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 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 August 31, 2009.

------------------------------------------------------------------------
                                                          Period to be
                                                            reviewed
------------------------------------------------------------------------
             Antidumping Duty Proceedings
 
Italy: Granular Polytetrafluoroethylene Resin, A-475-     8/1/07-7/31/08
 703
    Solvay Solexis S.p.A.............................
Malaysia: Polyethylene Retail Carrier Bags, A-557-813     8/1/07-7/31/08
    Europlastics Malaysia Sdn. Bhd. and the Eplastics
     Procurement Center Sdn. Bhd.....................
Republic of Korea: Corrosion-Resistant Carbon Steel       8/1/07-7/31/08
 Flat Products, A-580-816............................
    Dongbu Steel Co., Ltd............................
    Dongkuk Industries Co., Ltd......................
    Haewon MSC Co., Ltd..............................
    Hyundai HYSCO....................................
    LG Chem, Ltd.....................................
    Pohang Iron and Steel Co., Ltd./Pohang Coated
     Steel Co., Ltd..................................
    Union Steel Manufacturing Co., Ltd...............
Socialist Republic of Vietnam: Frozen Fish                8/1/07-7/31/08
 Fillets,\1\A-552-801................................
    An Giang Fisheries Import and Export Joint Stock
     Company (aka Agifish or AnGiang Fisheries Import
     and Export).....................................
    An Xuyen Co., Ltd................................
    Anvifish Co., Ltd................................
    Asia Commerce Fisheries Joint Stock Company (aka
     as Acomfish JSC)................................
    Ben Tre Forestry Aquaproduct Import-Export
     Company (aka as FAQUIMEX).......................
    Binh An Seafood Joint Stock Co...................
    Da Nang Seaproducts Import-Export Corporation
     (aka Da Nang or Seaprodex Danang)...............
    East Sea Seafoods Joint Venture Co., Ltd.........
    Hiep Thanh Seafood Joint Stock Co................
    Hung Vuong Corporation...........................
    Nam Viet Company Limited (aka NAVICO)............
    Phuong Nam Co., Ltd..............................
    QVD Food Company, Ltd............................
    QVD Dong Thap Food Co., Ltd......................
    Southern Fishery Industries Company, Ltd. (aka
     South Vina).....................................
    Thien Ma Seafood Co., Ltd........................
    Thuan Hung Co., Ltd. (aka THUFICO)...............
    Vinh Hoan Corporation............................
    Vinh Hoan Company, Ltd...........................
    Vinh Quang Fisheries Corporation.................
Thailand: Polyethylene Retail Carrier Bags, A-549-821     8/1/07-7/31/08
    C.P. Packaging Co., Ltd..........................
    C.P. Poly-Industry Co. Ltd.......................
    Master Packaging Co., Ltd........................
    Naraipak Co., Ltd................................
    Nari Packaging (Thailand) Ltd....................
    Poly Plast (Thailand) Co., Ltd...................
    Thai Plastic Bags Industries Co., Ltd............
The People's Republic of China: Floor-Standing Metal-     8/1/07-7/31/08
 Top Ironing Tables,\2\ A-570-888....................
    Foshan Shunde Yongjian Housewares & Hardware Co.,
     Ltd.............................................
    Since Hardware (Guangzhou) Co., Ltd..............
The People's Republic of China: Polyethylene Retail       8/1/07-7/31/08
 Carrier Bags,\3\ A-570-886..........................
    Rally Plastics Co., Ltd..........................
 
           Countervailing Duty Proceedings
 
Republic of Korea: Corrosion-Resistant Carbon Steel      1/1/07-12/31/07
 Flat Products, C-580-818............................
    Dongbu Steel Co., Ltd............................
    Hyundai HYSCO....................................
    Pohang Iron & Steel Co., Ltd.....................
Republic of Korea: Dynamic Random Access Memory          1/1/07-12/31/07
 Semiconductors, C-580-851...........................
 
    Hynix Semiconductor, Inc.........................
                Suspension Agreements
None
------------------------------------------------------------------------


[[Page 56797]]

    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.
---------------------------------------------------------------------------

    \1\ If one of the above named companies does not qualify for a 
separate rate, all other exporters of frozen fish fillets from the 
Socialist Republic of Vietnam who have not qualified for a separate 
rate are deemed to be covered by this review as part of the single 
Vietnam 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 floor-standing metal-top 
ironing tables 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 one of the above named companies does not qualify for a 
separate rate, all other exporters of polyethylene retail carrier 
bags 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.
---------------------------------------------------------------------------

    Interested parties must submit applications for disclosure under 
administrative protective orders in accordance with 19 CFR 351.305.
    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: September 24, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-23088 Filed 9-29-08; 8:45 am]
BILLING CODE 3510-DS-P