[Federal Register Volume 73, Number 227 (Monday, November 24, 2008)]
[Notices]
[Pages 70964-70965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27885]



[[Page 70964]]

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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 October anniversary dates. 
In accordance with the Department's regulations, we are initiating 
those administrative reviews.

DATES: Effective Date: November 24, 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 October anniversary 
dates.

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 Web site at http://ia.ita.doc.gov/nme.nme-sep-rate.html 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 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 Web site at http://ia.ita.doc.gov/nme.nme-sep-rate.html 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 October 31, 2009.

[[Page 70965]]



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                                                        Period to be
                                                          reviewed
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                      Antidumping Duty Proceedings
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India: Certain Lined Paper Products,\1\ A-533-843.        9/1/07-8/31/08
The People's Republic of China: Certain Helical
 Spring Lock Washers \2\ A-570-822
    Hangzhou Spring Washer, Co., Ltd..............       10/1/07-9/30/08
Trinidad and Tobago: Carbon and Certain Alloy
 Steel Wire Rod,
A-274-804
    ArcelorMittal Point Lisas Limited.............       10/1/07-9/30/08
------------------------------------------------------------------------
 
                     Countervailing Duty Proceedings
------------------------------------------------------------------------
 
None..............................................  ....................
------------------------------------------------------------------------
 
                          Suspension Agreements
------------------------------------------------------------------------
 
                                                    ....................
------------------------------------------------------------------------
\1\ We note that the Department erred by inadvertently including the
  manufacturer/exporter name: ``Ria ImpEx Pvt. Ltd.'' in the prior
  initiation notice under case number A-533-843 for the period of
  review: 9/1/07-8/31/08. See 73 FR 64305 (October 29, 2008). The
  Department did not receive a timely request to review Ria ImpEx Pvt.
  Ltd. for case number A-533-843, therefore, the Department retracts its
  initiation of an administrative review of the antidumping order with
  respect to Ria ImpEx Pvt. Ltd. for the period of review 9/1/07-8/31/
  08.
\2\ If the above-named company does not qualify for a separate rate, all
  other exporters of Certain Helical Spring Lock Washers 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 exporter is a part.

    None.
    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.
    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: November 17, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
 [FR Doc. E8-27885 Filed 11-21-08; 8:45 am]
BILLING CODE 3510-DS-P