[Federal Register Volume 74, Number 102 (Friday, May 29, 2009)]
[Notices]
[Pages 25711-25715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12571]


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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 has received requests to conduct 
administrative reviews of various antidumping and countervailing duty 
orders and findings with April anniversary dates. In accordance with 
the Department's regulations, we are initiating those administrative 
reviews.

DATES: Effective Date: May 29, 2009.

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 April 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 (POR) listed below. If a 
producer or exporter named in this initiation notice had no exports, 
sales, or entries during the POR, 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 POR. 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 and 
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 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), 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). 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 apply equally to NME-owned firms, wholly foreign-owned 
firms, and foreign sellers who purchase and export subject merchandise 
to the United States.
    Entities that currently do not have a separate rate from a 
completed segment of the proceeding \1\ should timely file a

[[Page 25712]]

Separate Rate Application to demonstrate eligibility for a separate 
rate in this proceeding. In addition, companies that received a 
separate rate in a completed segment of the proceeding that have 
subsequently made changes, including, but not limited to, changes to 
corporate structure, acquisitions of new companies or facilities, or 
changes to their official company name,\2\ should timely file a 
Separate Rate Application to demonstrate eligibility for a separate 
rate in this proceeding. The Separate Rate 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 Application, refer to the 
instructions contained in the application. Separate Rate 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 Application applies equally to NME-owned 
firms, wholly foreign-owned firms, and foreign sellers that purchase 
and export subject merchandise to the United States.
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    \1\ Such entities include entities that have not participated in 
the proceeding, entities that were preliminarily granted a separate 
rate in any currently incomplete segment of the proceeding (e.g., an 
ongoing administrative review, new shipper review, etc.) and 
entities that lost their separate rate in the most recently complete 
segment of the proceeding in which they participated.
    \2\ Only changes to the official company name, rather than trade 
names, need to be addressed via a Separate Rate Application. 
Information regarding new trade names may be submitted via a 
Separate Rate Certification.
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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 April 30, 2010.

------------------------------------------------------------------------
                                                  Period to be reviewed
------------------------------------------------------------------------
                      Antidumping Duty Proceedings
------------------------------------------------------------------------
Russia: Magnesium Metal, A-821-819.............           4/1/08-3/31/09
    PSC VSMPO-AVISMA Corporation Solikamsk
     Magnesium Works
The People's Republic of China:
    Certain Activated Carbon \3\ A-570-904.....           4/1/08-3/31/09
        Actview Carbon Technology Co., Ltd.
        Alashan Yongtai Activated Carbon Co.,
         Ltd.
        Anhui Hengyuan Trade Co., Ltd.
        Baoding Activated Carbon Factory
        Beijing Broad Activated Carbon Co.,
         Ltd.
        Beijing Haijian Jiechang Environmental
         Protection Chemicals
        Beijing Hibridge Trading Co., Ltd.
        Beijing Huapeng Environment Protection
         Materials
        Beijing Pacific Activated Carbon
         Products Co., Ltd.
        Benbu Jiutong Trade Co., Ltd.
        Calgon Carbon (Tianjin) Co., Ltd.
        Changji Hongke Activated Carbon Co.,
         Ltd.
        Chengde Jiayu Activated Carbon Factory
        Cherishmet Incorporated
        China National Building Materials and
         Equipment Import Export Corp.
        China National Nuclear General Company
         Ningxia Activated Carbon Factory
        China Nuclear Ningxia Activated Carbon
         Plant
        Da Neng Zheng Da Activated Carbon Co.,
         Ltd.
        Datong Carbon Corporation
        Datong Changtai Activated Carbon Co.,
         Ltd.
        Datong City Zouyun County Activated
         Carbon Co., Ltd.
        Datong Fenghua Activated Carbon
        Datong Forward Activated Carbon Co.,
         Ltd.
        Datong Fuping Activated Carbon Co.,
         Ltd.
        Datong Guanghua Activated Carbon Co.,
         Ltd.
        Datong Hongji Coal Industry
        Datong Hongtai Activated Carbon Co.,
         Ltd.
        Datong Huanqing Activated Carbon Co.,
         Ltd.
        Datong Huaxin Activated Carbon
        Datong Huibao Active Carbon
        Datong Huibao Activated Carbon Co.,
         Ltd.
        Datong Huiyuan Cooperative Activated
         Carbon Plant
        Datong Juqiang Activated Carbon Co.,
         Ltd.
        Datong Kaneng Carbon Co. Ltd.
        Datong Kangda Activated Carbon Factory
        Datong Locomotive Coal & Chemicals Co.,
         Ltd.
        Datong Municipal Yunguang Activated
         Carbon Co., Ltd.
        Datong Runmei Activated Carbon Factory
        Datong Tianzhao Activated Carbon Co.,
         Ltd.
        DaTong Tri-Star & Power Carbon Plant
        Datong Weidu Activated Carbon Co., Ltd.
        Datong Xuanyang Activated Carbon Co.
         Ltd.
        Datong Yunguang Chemicals Plant
        Datong Zuoyun Biyun Activated Carbon
         Co., Ltd.
        Datong Zuoyun Fu Ping Activated Carbon
         Plant
        Dezhou Jiayu Activated Carbon Factory
        Dongguan Baofu Activated Carbon
        Dushanzi Chemical Factory
        Fangyuan Carbonization Co., Ltd.

[[Page 25713]]

 
        Fu Yuan Activated Carbon Co., Ltd.
        Fujian Jianyang Carbon Plant
        Fujian Nanping Yuanli Activated Carbon
        Fuzhou Taking Chemical
        Fuzhou Yihuan Carbon
        Great Bright Industrial
        Hangzhou Hengxing Activated Carbon
        Hangzhou Linan Tianbo Material
        Hebei Foreign Trade and Advertising
         Corporation
        Hebei Shenglun Import & Export Group
         Company
        Hegongye Ninxia Activated Carbon
         Factory
        Heilongjiang Provincial Hechang Imp. &
         Exp. Co., Ltd.
        Hongke Activated Carbon Co., Ltd.
        Huaibei Environment Protection Material
         Plant
        Huairen Jinbei Chemical Co., Ltd.
        Huairen Huanyi Purifying Material
        Huaiyushan Activated Carbon Tec & Sec
         (Zhuhai) Co., Ltd.
        Huahui Activated Carbon Company Ltd.
        Huatai Activated Carbon
        Huaxin Active Carbon Plant
        Huzhou Zhonglin Activated Carbon
        Hz Hengxing Activated Carbon Co.
        Inner Mongolia Taixi Coal Chemical
         Industry Limited Company
        Itigi Corp. Ltd.
        J&D Activated Carbon Filter Co., Ltd.
        Jacobi Carbons AB
        Jiangle County Xinhua Activated Carbon
         Co., Ltd.
        Jiangxi Hansom Import Export Co.
        Jiangxi Huaiyushan Activated Carbon
        Jiangxi Jinma Carbon
        Jianou Zhixing Activated Carbon
        Jiaocheng Xinxin Purification Material
         Co., Ltd.
        Jilin Bright Future Chemicals Company,
         Ltd.
        Jilin Goodwill Activated Carbon Plant
        Jilin Province Bright Future Industry
         and Commerce Co., Ltd.
        Jing Mao (Dongguan) Activated Carbon
         Co., Ltd.
        Jx Huaiyushan Activated Carbon Group
         Co.
        Jx Huaiyushan Suntar Active Carbon
        Kaihua Xingda Chemical Co., Ltd.
        Kaihua Xinghua Chemical Plant
        Kemflo (Nanjing) Environmental Tech
        Kunshan Actview Carbon Technology
        Langfang Winfield Filtration Co.
        Link Link Shipping Limited
        Longyan Wanan Activated Carbon
        Mindong Lianyi Group
        Nanjing Mulinsen Charcoal
        Nantong Ameriasia Advanced Activated
         Carbon Product Co., Ltd.
        Ningxia Baota Active Carbon Plant
        Ningxia Baota Activated Carbon Co.,
         Ltd.
        Ningxia Blue-White-Black Activated
         Carbon
        Ningxia Fengyuan Activated Carbon Co.,
         Ltd.
        Ningxia Guanghua A/C Co., Ltd.
        Ningxia Guanghua Activated Carbon Co.,
         Ltd.
        Ningxia Guanghua Chemical Activated
         Carbon Co., Ltd.
        Ningxia Guanghua Cherishmet Activated
         Carbon Co., Ltd.
        Ningxia Haoqing Activated Carbon Co.,
         Ltd.
        Ningxia Henghui Activated Carbon
        Ningxia Honghua Carbon Industrial
         Corporation
        Ningxia Huahui Activated Carbon Co.,
         Ltd.
        Ningxia Huinong Xingsheng Activated
         Carbon Co., Ltd.
        Ningxia Jirui Activated Carbon
        Ningxia Lingzhou Foreign Trade Co.,
         Ltd.
        Ningxia Luyuangheng Activated Carbon
         Co., Ltd.
        Ningxia Mineral & Chemical Limited
        Ningxia Pingluo County Yaofu Activated
         Carbon Plant
        Ningxia Pingluo County Yaofu Activated
         Carbon Factory
        Ningxia Pingluo Xuanzhong Activated
         Carbon Co., Ltd.
        Ningxia Pingluo Yaofu Activated Carbon
         Factory
        Ningxia Taixi Activated Carbon
        Ningxia Tianfu Activated Carbon Co.,
         Ltd.
        Ningxia Tongfu Coking Co., Ltd.
        Ningxia Weining Active Carbon Co., Ltd.
        Ningxia Xingsheng Coal and Active
         Carbon Co., Ltd.

[[Page 25714]]

 
        Ningxia Xingsheng Coke and Activated
         Carbon
        Ningxia Yinchuan Lanqiya Activated
         Carbon Co., Ltd.
        Ningxia Yirong Alloy Iron Co., Ltd.
        Ningxia Zhengyuan Activated
        Nuclear Ningxia Activated Carbon Co.,
         Ltd.
        OEC Logistic Qingdao Co., Ltd.
        Panshan Import and Export Corporation
        Pingluo Xuanzhong Activated Carbon Co.,
         Ltd.
        Pingluo Yu Yang Activated Carbon Co.,
         Ltd.
        Shanghai Activated Carbon Co. Ltd.
        Shanghai Coking and Chemical
         Corporation
        Shanghai Goldenbridge International
        Shanghai Jiayu International Trading
         Co. Ltd.
        Shanghai Jinhu Activated Carbon
        Shanghai Mebao Activated Carbon
        Shanhai Xingchang Activated Carbon
        Shanxi Blue Sky Purification Material
         Co., Ltd.
        Shanxi DMD Corporation
        Shanxi Industry Technology Trading Co.,
         Ltd.
        Shanxi Newtime Co., Ltd.
        Shanxi Qixian Foreign Trade Corporation
        Shanxi Qixian Hongkai Active Carbon
         Goods
        Shanxi Sincere Industrial Co., Ltd.
        Shanxi Supply and Marketing Cooperative
        Shanxi Tianli Ruihai Enterprise Co.
        Shanxi Xiaoyi Huanyu Chemicals Co.,
         Ltd.
        Shanxi Xinhua Activated Carbon Co.,
         Ltd.
        Shanxi Xinhua Chemical Co., Ltd.
        Shanxi Xinhua Chemical Factory
        Shanxi Xinhua Protective Equipment
        Shanxi Xinshidai Imp. Exp. Co., Ltd.
        Shanxi Xuanzhong Chemical Industry Co.,
         Ltd.
        Shanxi Zuoyun Yunpeng Coal Chemistry
        Shenzhen Sihaiweilong Technology Co.
        Sincere Carbon Industrial Co., Ltd.
        Taining Jinhu Carbon
        Tangshan Solid Carbon Co., Ltd.
        Tianchang (Tianjin) Activated Carbon
        Tianjin Jacobi International Trading
         Co. Ltd.
        Tianjin Maijin Industries Co., Ltd.
        Tonghua Bright Future Activated Carbon
         Plant
        Tonghua Xinpeng Activated Carbon
         Factory
        United Manufacturing International
         (Beijing) Ltd.
        Valqua Seal Products (Shanghai) Co
        Wellink Chemical Industry
        Xi Li Activated Carbon Co., Ltd.
        Xi'an Shuntong International Trade &
         Industrials Co., Ltd.
        Xiamen All Carbon Corporation
        Xingan County Shenxin Activated Carbon
         Factory
        Xingtai Coal Chemical Co., Ltd.
        Xinhua Chemical Company Ltd.
        Xinyuan Carbon
        Xuanzhong Chemical Industry
        Yangyuan Hengchang Active Carbon
        Yicheng Logistics
        Yinchuan Lanqiya Activated Carbon Co.,
         Ltd.
        Yinyuan Carbon
        YunGuan Chemical Factory
        Yuanguang Activated Carbon Co., Ltd.
        Yuyang Activated Carbon Co., Ltd.
        Zhejiang Quizhou Zhongsen Carbon
        Zhejiang Yun He Tang Co., Ltd.
        Zhuxi Activated Carbon
        Zuoyun Bright Future Activated Carbon
         Plant
    Magnesium Metal \4\ A-570-896..............           4/1/08-3/31/09
        Tianjin Magnesium International Co.,
         Ltd.
    Non-Malleable Cast Iron Pipe Fittings \5\ A-          4/1/08-3/31/09
     570-875...................................
        NEP Tianjin Machinery Company
------------------------------------------------------------------------
\3\ If one of the above named companies does not qualify for a separate
  rate, all other exporters of certain activated carbon 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 the above named company does not qualify for a separate rate, all
  other exporters of magnesium 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.

[[Page 25715]]

 
\5\ If the above named company does not qualify for a separate rate, all
  other exporters of non-malleable cast iron pipe fittings 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.

Countervailing Duty Proceeding

    None.

Suspension Agreements

    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 19 CFR 351.211 or a 
determination under 19 CFR 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: May 22, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-12571 Filed 5-28-09; 8:45 am]
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