[Federal Register Volume 73, Number 210 (Wednesday, October 29, 2008)]
[Notices]
[Pages 64305-64307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25828]


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

DEPARTMENT OF COMMERCE

International Trade Administration


Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Deferral of Administrative Review

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 September anniversary 
dates. In accordance with the Department's regulations, we are 
initiating those administrative reviews. The Department also received a 
request to defer the initiation of an administrative review for one 
antidumping duty order.

EFFECTIVE DATE: October 29, 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 September 
anniversary dates. The Department also received a request in accordance 
with 19 CFR 351.213(c) to defer for one year the initiation of the 
August 1, 2008 through July 31, 2008, antidumping duty administrative 
review of the antidumping duty order on Floor-Standing Metal-Top 
Ironing Tables from the People's Republic of China.

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 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 & 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 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 website 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 
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.
    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 website 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.

[[Page 64306]]

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 
September 30, 2009. Also, in accordance with 19 CFR 351.213(c) we are 
deferring for one year the initiation of the August 1, 2007 through 
July 31, 2008 administrative review of the antidumping duty order on 
Floor-Standing Metal-Top Ironing Tables from the People's Republic of 
China (A-570-888) with respect to one exporter.

------------------------------------------------------------------------
  Antidumping Duty Proceedings            Period to be Reviewed
------------------------------------------------------------------------
INDIA: Certain Lined Paper
 Products......................
A-533-843......................                         9/1/07 - 8/31/08
        Agility Logistics Pvt.
         Ltd...................
        Blue Bird India Ltd....
        Ceal Shipping Logistics
         Pvt. Ltd..............
        Cello International
         Pvt. Ltd..............
        Corporate Stationary
         Pvt. Ltd..............
        Creative Divya.........
        Exel India Pvt. Ltd....
        FFI International......
        Global Art India Inc...
        International Greetings
         Pvt. Ltd..............
        Karim General Handmade
         Paper DIAR............
        Kejriwal Paper Limited.
        M/S Super ImpEx........
        Magic International....
        Marigold ExIm Pvt. Ltd.
        Marisa International...
        Navneet Publications
         (India) Ltd...........
        Pentagon Waterlines
         Pvt. Ltd..............
        Pioneer Stationery Pvt.
         Ltd...................
        Rajvansh International.
        Ria ImpEx Pvt. Ltd.....
        Riddhi Enterprises.....
        SAB International......
        TKS Overseas...........
        Unlimited Accessories
         Worldwide.............
        V. Joshi Co............
THE PEOPLE'S REPUBLIC OF CHINA:
 Certain Lined Paper
 Products\1\...................
A-570-901......................                         9/1/07 - 8/31/08
        Watanabe Group
         (consisting of the
         following companies):.
        Watanabe Paper Products
         (Shanghai) Co., Ltd...
        Watanabe Paper Products
         (Linqing) Co., Ltd....
        Hotrock Stationery
         (Shenzhen) Co., Ltd...
        Shanghai Lian Li Paper
         Products Co., Ltd.....
THE PEOPLE'S REPUBLIC OF CHINA:
 Freshwater Crawfish Tail
 Meat\2\.......................
A-570-848......................                         9/1/07 - 8/31/08
        Shanghai Now Again
         International Trading
         Co., Ltd..............
        Xiping Opeck Food Co.,
         Ltd...................
        Yancheng Hi-King
         Agriculture Developing
         Co., Ltd..............
Countervailing Duty Proceedings
INDIA: Certain Lined Paper
 Products......................
C-533-844......................                        1/1/07 - 12/31/07
        Blue Bird India Ltd....
        Navneet Publications
         (India) Ltd...........
Suspension Agreements..........
None...........................
Deferral of Initiation of
 Administrative Review.........
PEOPLE'S REPUBLIC OF CHINA:
 Floor-Standing Metal-Top
 Ironing Tables................
A-570-888......................                         8/1/07 - 7/31/08
Since Hardware (Guangzhou) Co.,
 Ltd.\3\.......................
------------------------------------------------------------------------
\1\ If one of the above named companies does not qualify for a separate
  rate, all other exporters of certain lined paper products 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 freshwater crawfish tail meat 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\ In the initiation notice that published on 09/30/2008 (73 FR 56795),
  we inadvertently overlooked Since Hardware's request for deferral of
  initiation for the 2007-2008 administrative review. We hereby correct
  this oversight and are deferring the initiation of this review,
  pursuant to 19 CFR 351.213(c).

    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

[[Page 64307]]

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.
    These initiations and this notice are in accordance with section 
751(a) of the Act, (19 USC 1675(a)) and 19 CFR 351.221(c)(1)(I).

    Dated: October 23, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-25828 Filed 10-28-08; 8:45 am]
BILLING CODE 3510-DS-S