[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Notices]
[Pages 30052-30054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14883]


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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 May 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: June 24, 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), for administrative reviews of various antidumping and 
countervailing duty orders and findings with May anniversary dates. The 
Department also received requests to revoke in part the antidumping 
duty orders on Ball Bearings and Parts Thereof from Japan for three 
exporters and from the United Kingdom for 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 (``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-rate 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.
    Entities that currently do not have a separate rate from a 
completed segment of the proceeding \1\ should timely file a 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

[[Page 30053]]

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 apply 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 proceedings 
(e.g., an ongoing administrative review, new shipper review, etc.) 
and entities that lost their separate rate in the most recently 
completed 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 Application.
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Initiation of Reviews

    In accordance with 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 May 31, 2010.

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                                                          Period to be
                                                            reviewed
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             Antidumping Duty Proceedings
 
BELGIUM: Stainless Steel Plate in Coils, A-423-808...     5/1/08-4/30/09
    ArcelorMittal Stainless Belgium N.V. (formerly
     known as Ugine & ALZ Belgium N.V.)
FRANCE: Ball Bearings and Parts Thereof, A-427-201...     5/1/08-4/30/09
    Microturbo SAS
    SKF France, S.A., SKF Aerospace France S.A.S.,
     SNFA S.A.S.
    SNR Roulements
GERMANY: Ball Bearings and Parts Thereof, A-428-201..     5/1/08-4/30/09
    Gebruder Reinfurt GmbH & Co. KG (GRW)
    myonic GmbH
    RWG Frankenjura-Industrie Flugwerklager GmbH
    Schaeffler KG
    SKF GmbH
    SNR Walzlager GmbH
INDIA: Certain Welded Carbon Steel Standard Pipes and     5/1/08-4/30/09
 Tubes, A-533-502....................................
    Lloyds Metals & Engineers Limited
    Lloyds Steel Industries Limited
    Jindal Industries Ltd.
    Maharashtra Seamless Limited
    Jindal Pipes Limited
    Makalu Trading Pvt. Ltd.
    Ratnamani Metals Tubes Ltd.
    Universal Tube and Plastic Ind.
    Ushdev International Ltd.
    Uttam Galva Steels Ltd.
ITALY: Ball Bearings and Parts Thereof, A-475-201....     5/1/08-4/30/09
    Schaeffler Italia s.r.l, and WPB Water Pump
     Bearing GmbH & Co. KG
    SKF Industrie S.p.A., SKF RIV-SKF Officine di
     Villar Perosa S.p.A., RFT S.p.A., and Somecat
     S.p.A.
JAPAN: Ball Bearings and Parts Thereof, A-588-201....     5/1/08-4/30/09
    Asahi Seiko Co., Ltd.
    Aisin Seiki Company Ltd.
    Japanese Aero Engine Bearings Corporation
    JTEKT Corporation (formerly known as Koyo Seiko
     Co., Ltd.)
    Makino Milling Machine Company Limited
    Mazda Motor Corporation
    Nachi-Fujikoshi Corporation
    Nippon Pillow Block Co., Ltd.
    Nissan Motor Company, Ltd.
    NSK Ltd.
    NTN Corporation
    Sapporo Precision, Inc., and Tokyo Precision,
     Inc.
    Univance Corporation
    Yamazaki Mazk Trading Corporation
REPUBLIC OF KOREA: Certain Polyester Staple Fiber, A-     5/1/08-4/30/09
 580-839.............................................
    Huvis Corporation
    Saehan Industries, Inc.
TAIWAN: Certain Circular Welded Carbon Steel Pipes        5/1/08-4/30/09
 and Tubes, A-583-008................................
    Yieh Phui Enterprise Co., Ltd.
TAIWAN: Polyester Staple Fiber, A-583-833............     5/1/08-4/30/09
    Far Eastern Textiles Ltd.
    Nan Ya Plastics Corporation
THE PEOPLE'S REPUBLIC OF CHINA: Pure Magnesium \3\, A-    5/1/08-4/30/09
 570-832.............................................
    Tianjin Magnesium International, Ltd.
    Pan Asia Magnesium Co., Ltd.
    Tianjin Xianghaiqi Resources Import & Export
     Trade Co., Ltd.
TURKEY: Certain Welded Carbon Steel Pipe and Tube, A-     5/1/08-4/30/09
 489-501.............................................
    Borusan Group
    Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
    Borusan Birlesik Boru Fabrikalari San ve Tic.
    Borusan Istikbal Ticaret T.A.S.
    Boruson Holding A.S.

[[Page 30054]]

 
    Boruson Gemlik Boru Tesisleri A.S.
    Borusan Ihracat Ithalat ve Dagitim A.S.
    Borusan Ithicat ve Dagitim A.S.
    Tubeco Pipe and Steel Corporation
    Toscelik Profil ve Sac Endustrisi A.S.
    Toscelik Metal Ticaret A.S.
    Tosyali Dis Ticaret A.S.
    Yucel Group
    Yucel Boru ve Profil Endustrisi A.S.
    Cayirova Boru Sanayi ve Ticaret A.S.
    Yucel Boru Ithalat-Ithracat ve Pazarlama A.S.
    Erbosan, Erciyas Boru Sanayi ve Ticaret A.S.
TURKEY: Light-Walled Rectangular Pipe and Tube, A-489-   1/30/08-4/30/09
 815.................................................
    Toscelik Profil ve Sac Endustrisi A.S.
    Tosyali Dis Ticaret A.S.
UNITED KINGDOM: Ball Bearings and Parts Thereof, A-       5/1/08-4/30/09
 412-201.............................................
    The Barden Corporation (U.K.) Limited and
     Schaeffler (U.K.) Limited
    NSK Bearings Europe Ltd.
    SKF (UK) Limited SNFA Operations and SKF (UK)
     Limited Stonehouse Operations
    Timken UK Ltd. and Timken Aerospace UK Ltd.
 
           Countervailing Duty Proceedings
 
BELGIUM: Stainless Steel Plate in Coils, C-423-809...    1/1/08-12/31/08
    ArcelorMittal Stainless Belgium N.V. (formerly
     known as (Ugine & ALZ Belgium N.V.)
 
                Suspension Agreements
 
None.
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    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.
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    \3\ If one of the above-named companies does not qualify for a 
separate rate, all other exporters of Pure Magnesium from the 
People's Republic of China (``PRC'') 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.
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    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: June 17, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-14883 Filed 6-23-09; 8:45 am]
BILLING CODE 3510-DS-P