[Federal Register Volume 73, Number 194 (Monday, October 6, 2008)]
[Notices]
[Pages 58113-58115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23588]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-894]


Certain Tissue Paper Products from the People's Republic of 
China: Final Results and Final Rescission, in Part, of Antidumping Duty 
Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On April 4, 2008, the Department of Commerce (``the 
Department'') published the preliminary results of the second 
administrative review of the antidumping duty order on certain tissue 
paper products (``tissue paper'') from the People's Republic of China 
(``PRC''). See Certain Tissue Paper Products from the People's Republic 
of China: Preliminary Results and Partial Rescission of Antidumping 
Duty Administrative Review, 73 FR 18497 (April 4, 2008) (``Preliminary 
Results''). We gave interested parties an opportunity to comment on the 
Preliminary Results. Based on our analysis of the comments received, we 
have made changes to the surrogate value for labor for the final 
results. We find that Max Fortune Industrial Limited and Max Fortune 
(FETDE) Paper Products Co., Ltd. (collectively, Max Fortune), has not 
sold subject merchandise at less than normal value during the period of 
review (``POR''), March 1, 2006, through February 28, 2007.

DATES: Effective Date: October 6, 2008.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-6905.

SUPPLEMENTARY INFORMATION:

Background

    We published the preliminary results of the second administrative 
review on April 4, 2008, in the Federal Register. See Preliminary 
Results. On May 5, 2008, Seaman Paper Company of Massachusetts 
(``Petitioner'') and Max Fortune filed their case briefs. On May 12, 
2008, Petitioner and Max Fortune filed rebuttal briefs. On June 30, 
2008, the Department placed import entry packages obtained from U.S. 
Customs and Border Protection (``CBP'') on the record of this 
administrative review. The Department did not receive any comments 
regarding the CBP entry

[[Page 58114]]

packages. On July 14, 2008, the Department extended the final results 
of this administrative review. See Certain Tissue Paper Products from 
the People's Republic of China: Notice of Extension of Time Limit for 
Final Results of Second Antidumping Duty Administrative Review, 73 FR 
40295 (July 14, 2008). No parties requested a hearing.

Analysis of Comments Received

    All issues raised in the briefs are addressed in the Memorandum to 
David M. Spooner, Assistant Secretary for Import Administration, 
regarding Issues and Decision Memorandum for the Final Results in the 
Second Administrative Review of Certain Tissue Paper Products from the 
People's Republic of China, dated October 1, 2008 (``Issues and 
Decision Memorandum''), which is hereby adopted by this notice. A list 
of the issues raised, all of which are in the Issues and Decision 
Memorandum, is attached to this notice as Appendix I. Parties can find 
a complete discussion of all issues raised in the briefs and the 
corresponding recommendations in this public memorandum, which is on 
file in the Central Records Unit, room 1117 of the Department of 
Commerce. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly on the Internet at http://ia.ita.doc.gov/frn/release/release.html. The paper copy and electronic 
version of the Issues and Decision Memorandum are identical in content.

Scope of the Antidumping Duty Order

    The tissue paper products subject to this order are cut-to-length 
sheets of tissue paper having a basis weight not exceeding 29 grams per 
square meter. Tissue paper products subject to this order may or may 
not be bleached, dye-colored, surface-colored, glazed, surface 
decorated or printed, sequined, crinkled, embossed, and/or die cut. The 
tissue paper subject to this order is in the form of cut-to-length 
sheets of tissue paper with a width equal to or greater than one-half 
(0.5) inch. Subject tissue paper may be flat or folded, and may be 
packaged by banding or wrapping with paper or film, by placing in 
plastic or film bags, and/or by placing in boxes for distribution and 
use by the ultimate consumer. Packages of tissue paper subject to this 
order may consist solely of tissue paper of one color and/or style, or 
may contain multiple colors and/or styles.
    The merchandise subject to this order does not have specific 
classification numbers assigned to them under the Harmonized Tariff 
Schedule of the United States (``HTSUS''). Subject merchandise may be 
under one or more of several different subheadings, including: 4802.30; 
4802.54; 4802.61; 4802.62; 4802.69; 4804.31.1000; 4804.31.2000; 
4804.31.4020; 4804.31.4040; 4804.31.6000; 4804.39; 4805.91.1090; 
4805.91.5000; 4805.91.7000; 4806.40; 4808.30; 4808.90; 4811.90; 
4823.90; 4820.50.00; 4802.90.00; 4805.91.90; 9505.90.40. The tariff 
classifications are provided for convenience and customs purposes; 
however, the written description of the scope of this order is 
dispositive.
    Excluded from the scope of this order are the following tissue 
paper products: (1) Tissue paper products that are coated in wax, 
paraffin, or polymers, of a kind used in floral and food service 
applications; (2) tissue paper products that have been perforated, 
embossed, or die-cut to the shape of a toilet seat, i.e., disposable 
sanitary covers for toilet seats; (3) toilet or facial tissue stock, 
towel or napkin stock, paper of a kind used for household or sanitary 
purposes, cellulose wadding, and webs of cellulose fibers (HTSUS 
4803.00.20.00 and 4803.00.40.00).

Partial Rescission of Administrative Review

    In the Preliminary Results, the Department issued a notice of 
intent to rescind this administrative review with respect to: (1) 
Samsam Production Limited, (2) Guangzhou Baxi Printing Products 
Limited, (3) Guilin Samsam Paper Products Ltd., (4) Vietnam Quijiang 
Paper Co., Ltd., (5) PT Grafitecindo Ciptaprima, (6) PT Printec 
Perkasa, (7) PT Printec Perkasa II, (8) PT Sansico Utama, (9) Foshan 
Sansico Co., Ltd., and (10) Sansico Asia Pacific Limited. Each of these 
companies certified that they did not export subject tissue paper from 
the PRC to the United States during the POR, which the Department 
corroborated by reviewing PRC tissue paper import data maintained by 
CBP, and found no discrepancies with the statements made by these 
companies. See Preliminary Results, 73 FR at 18499. Additionally, 
consistent with the Tariff Act of 1930, as amended (``the Act'') and 
Department practice, we also preliminarily rescinded the review with 
respect to Guilin Qifeng Paper Co., Ltd. (``Guilin Qifeng'') because 
the record showed no suspended entries of merchandise exported by 
Guilin Qifeng during the POR. See Preliminary Results, 73 FR at 18500.
    Subsequent to the Preliminary Results, no information was submitted 
on the record indicating that the above companies made shipments to the 
United States of subject merchandise during the POR. Thus, in 
accordance with 19 CFR 351.213(d)(3) and consistent with our practice, 
we are rescinding this review with respect to Samsam Production 
Limited, Guangzhou Baxi Printing Products Limited, Guilin Samsam Paper 
Products Ltd., Vietnam Quijiang Paper Co., Ltd., PT Grafitecindo 
Ciptaprima, PT Printec Perkasa, PT Printec Perkasa II, PT Sansico 
Utama, Foshan Sansico Co., Ltd., and Sansico Asia Pacific Limited. 
Additionally, the Department is rescinding the review with respect to 
Guilin Qifeng as no information was submitted on the record challenging 
our preliminary intent to rescind the review for this company.

Separate Rates

    Max Fortune requested a separate, company-specific antidumping duty 
rate. In the Preliminary Results, we found that Max Fortune met the 
criteria for the application of a separate antidumping duty rate. See 
Preliminary Results, 73 FR at 18500. The Department did not receive 
comments on this issue prior to these final results. Moreover, we have 
not received any information since the Preliminary Results with respect 
to Max Fortune that would warrant reconsideration of our separate-rates 
determination. Therefore, we continue to assign an individual dumping 
margin to Max Fortune for this review period.

Changes Since the Preliminary Results

    Based on comments received from the interested parties, we have 
revised the labor surrogate value used in Max Fortune's margin 
calculation. For the final results, we will continue to use regression-
based wage data, but will use U.S. $1.04 as the revised wage for the 
PRC in the final results, which continues to be based on the reported 
experience of several countries, but applies the more recent 2007 
calculations, based on 2005 wage rate data, as published by the 
Department in May 2008. See Issues and Decision Memorandum, at Comment 
4.

Use of Facts Available

    Sections 776(a)(1) and 776(a)(2)(B) of the Act direct the 
Department to use facts available if necessary information is not 
available on the record of an antidumping proceeding. We determined in 
the Preliminary Results that, pursuant to sections 776(a) and 782(d) of 
the Act, Max Fortune did not provide certain information relevant to 
the Department's analysis because it failed to report ink and dye

[[Page 58115]]

consumption on a color-specific basis. Max Fortune stated it does not 
maintain records for dye and ink consumption in the papermaking and 
paper printing stages of production on a color specific basis. Thus, 
Max Fortune could not report ink and dye consumption data in a manner 
requested by the Department. As a result, we determined that it was 
necessary to apply facts otherwise available to Max Fortune. Petitioner 
argues that we should apply an adverse inference, pursuant to section 
776(b) of the Act, to Max Fortune's calculation. However, we have 
concluded that Max Fortune acted to the best of its ability in 
providing responses to the Department's questionnaires. Thus, 
consistent with the Department's application in the previous segment of 
the instant review and in the Preliminary Results, we will not apply an 
adverse inference, but will continue to apply the average Indian import 
values for three dye types, which are commonly used in the production 
of tissue paper, to value the aggregate amount of dye consumed in the 
production of the subject tissue paper. See Issues and Decision 
Memorandum at Comment 1 for a detailed analysis.
    Additionally, in the Preliminary Results, the Department invited 
comments from interested parties regarding whether or not it should 
alter its requirements for reporting ink and dye consumption in future 
segments. See Preliminary Results, 73 FR at 18501. Upon analyzing the 
comments received from interested parties with respect to the reporting 
requirement for ink and dye consumption on a CONNUM-specific basis, we 
have determined that the record does not contain sufficient evidence 
necessary to revise the model-match criteria. Therefore, we will not 
make any changes, at this time, to the model-match criteria and 
continue to require that companies in future segments report ink and 
dye consumption on a CONNUM-specific basis. See Issues and Decision 
Memorandum at Comment 2, for a detailed analysis.

Final Results of Review

    We determine that the following antidumping duty margin exists:

    Certain Tissue Paper From the PRC Individually Reviewed Exporters
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Max Fortune Industrial Ltd...................................      0.00%
------------------------------------------------------------------------

    The Department will disclose calculations performed for these final 
results to the parties within five days of the date of publication of 
this notice in accordance with 19 CFR 351.224(b).

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries. 
The Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of the final results of review. Pursuant 
to 19 CFR 351.212(b)(1), we will calculate importer-specific (or 
customer) ad valorem duty assessment rates based on the ratio of the 
total amount of the dumping margins calculated for the examined sales 
to the total entered value of those same sales. We will instruct CBP to 
assess antidumping duties on all appropriate entries covered by this 
review if any importer-specific assessment rate calculated in the final 
results of this review is above de minimis.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results of this administrative review for 
all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For Max Fortune, 
the Department has calculated a zero margin for these final results, 
and therefore no cash deposit will be required for this company; (2) 
for previously investigated or reviewed PRC and non-PRC exporters not 
listed above that have separate rates, the cash deposit rate will 
continue to be the exporter-specific rate published for the most recent 
period; (3) for all PRC exporters of subject merchandise that have not 
been found to be entitled to a separate rate, including those companies 
for which this review has been rescinded, the cash deposit rate will be 
the PRC-wide rate of 112.64 percent; and (4) for all non-PRC exporters 
of subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the PRC exporters that 
supplied that non-PRC exporter. These deposit requirements, when 
imposed, shall remain in effect until publication of the final results 
of the next administrative review.

Notification to Interested Parties

    This notice also serves as the final reminder to importers of their 
responsibility under19 CFR 351.402(f) 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 in the subsequent 
assessment of double antidumping duties.
    This notice also serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO.
    This administrative review and this notice are published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(5).

    Dated: September 29, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.

APPENDIX I

General Issues

Comment 1: Reporting of Ink and Dye Consumption
Comment 2: Reporting Requirements for Ink and Dye
Comment 3: Steam Coal Surrogate Value
Comment 4: Labor Surrogate Value
Comment 5: Treatment of Negative Dumping Margins (``Zeroing'')

 [FR Doc. E8-23588 Filed 10-3-08; 8:45 am]
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