[Federal Register Volume 74, Number 163 (Tuesday, August 25, 2009)]
[Notices]
[Pages 42873-42877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20500]


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DEPARTMENT OF COMMERCE

International Trade Administration


Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Request 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 July anniversary dates. In 
accordance with the Department's regulations, we are initiating those 
administrative reviews. The Department also received a request to 
revoke one antidumping duty order in part.

DATES: Effective Date: August 25, 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

[[Page 42874]]

duty orders and findings with July anniversary dates. The Department 
also received a timely request to revoke in part the antidumping duty 
order on Certain Frozen Warmwater Shrimp from India with respect to one 
producer/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-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 
of 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 to demonstrate eligibility for a separate rate in this 
proceeding. The Separate Rate Application will be available on the 
Department's website 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.
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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 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 Application.
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    For exporters and producers who submit a separate-rate status 
application or certification and subsequently are selected as mandatory 
respondents, these exporters and producers will no longer be eligible 
for separate-rate status unless they respond to all parts of the 
questionnaire as mandatory respondents.

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 July 31, 2010.

[[Page 42875]]



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       Antidumping Duty Proceedings             Period to be Reviewed
------------------------------------------------------------------------
FINLAND: Purified Carboxymethylcellulose..
A-405-803.................................              7/1/08 - 6/30/09
              CP Kelco Oy.................
INDIA: Certain Frozen Warmwater Shrimp\3\.
A-533-840.................................              2/1/08 - 1/31/09
INDIA: Polyethylene Terephthalate (PET)
 Film.....................................
A-533-824.................................              7/1/08 - 6/30/09
              Jindal Poly Films Limited of
               India......................
ITALY: Certain Pasta......................
A-475-818.................................              7/1/08 - 6/30/09
              Domenico Paone fu Erasmo
               S.p.A......................
              Fasolino Foods Company, Inc.
               and its affiliate Euro-
               American Foods Group, Inc..
              Industria Alimentare
               Colavita, S.p.A............
              P.A.M. S.p.A................
              Pasta Lensi S.r.l...........
              Pastificio Attilio
               Mastromauro-Pasta Granoro
               S.r.L......................
              Pastificio Lucio Garafalo
               S.p.A......................
MEXICO: Purified Carboxymethylcellulose...
A-201-834.................................              7/1/08 - 6/30/09
              Quimica Amtex, S.A. de C.V..
MEXICO: Stainless Steel Sheet and Strip in
 Coils....................................
A-201-822.................................              7/1/08 - 6/30/09
              ThyssenKrupp Mexinox S.A. de
               C.V........................
RUSSIAN FEDERATION: Solid Urea............
A-821-801.................................              7/1/08 - 6/30/09
              OJSC MCC EuroChem, and
               production affiliates, OJSC
               Nevinnomyssky Azot And OJSC
               Novomoskovskaya Azot.......
TAIWAN: Polyethylene Terephthalate Film,
 Sheet and Strip..........................
A-583-837.................................              7/1/08 - 6/30/09
              NanYa Plastics Corporation,
               Ltd........................
              Shinkong Synthetic Fibers
               Corporation................
TAIWAN: Stainless Steel Sheet and Strip in
 Coils....................................
A-583-831.................................              7/1/08 - 6/30/09
              Ta Chen Stainless Pipe Co.,
               Ltd........................
              Chia Far Industrial Factory
               Co., Ltd...................
              China Steel Corporation.....
              Dah Shi Metal Industrial
               Co., Ltd...................
              KNS Enterprise Co., Ltd.....
              Lih Chan Steel Co., Ltd.....
              Tang Eng Iron Works.........
              PFP Taiwan Co., Ltd.........
              Yieh Loong Enterprise Co.,
               Ltd. (aka Chung Hung Steel
               Co., Ltd.).................
              Yieh Trading Corp...........
              Tibest International, Inc...
              Goang Jau Shing Enterprise
               Co., Ltd...................
              Yieh Mau Corp...............
              Maytun International Corp...
              Shih Yuan Stainless Steel
               Enterprise Co., Ltd........
              Chien Shing Stainless Co....
              Chain Chon Industrial Co.,
               Ltd........................
              Emerdex Stainless Flat-
               Rolled Products, Inc.......
              Emerdex Stainless Steel,
               Inc........................
              Emerdex Group...............
              Waterson Corp...............
              Yieh United Steel
               Corporation................
              Tung Mung Development Co.,
               Ltd./Ta Chen Stainless Pipe
               Co., Ltd.\4\...............
THE NETHERLANDS: Purified
 Carboxymethylcellulose...................
A-421-811.................................              7/1/08 - 6/30/09
              CP Kelco BV.................
              Akzo Nobel Functional
               Chemicals, B.V.............
THE PEOPLE'S REPUBLIC OF CHINA: Circular
 Welded Carbon Quality Steel Pipe\5\......
A-570-910.................................             1/15/08 - 6/30/09
              Baoshan Iron & Steel Co.,
               Ltd........................
              Jiangsu Yulong Steel Pipe
               Co., Ltd...................
              Liaoning Northern Steel Pipe
               Co., Ltd...................
              Hunan Hengyang Steel Tube
               (Group) Co., Ltd...........
              CNOOC Kingland Pipeline Co.,
               Ltd........................
              Jiangsu Changbao Steel Tube
               Co., Ltd...................
              Wuxi Fastube Industry Co.,
               Ltd........................
              Weifang East Steel Pipe Co.,
               Ltd........................
              Tianjin Shuangjie Steel Pipe
               Co., Ltd...................
              Zhejiang Kingland Pipeline
               Industry Co., Ltd..........
              SteelFORCE Far East Ltd.....
              Tianjin Baolai International
               Trade Co., Ltd.............

[[Page 42876]]

 
              Shanghai Zhongyou TIPO Steel
               Pipe Co., Ltd..............
              Sino Link SCS (Asia) Limited
THE PEOPLE'S REPUBLIC OF CHINA:
 Persulfates\6\...........................
A-570-847.................................              7/1/08 - 6/30/09
              Shanghai AJ Import & Export
               Corporation................
              United Initiators (Shanghai)
               Co., Ltd. (previously known
               as Degussa-AJ (Shanghai)
               Initiators Co., Ltd.)......
THE PEOPLE'S REPUBLIC OF CHINA:
 Saccharin\7\.............................
A-570-878.................................              7/1/08 - 6/30/09
              Keifeng Xinhua Fine Chemical
               Factory....................
              Shanghai Fortune Chemical
               Co., Ltd...................
Countervailing Duty Proceedings...........
INDIA: Polyethylene Terephthalate (PET)
 Film.....................................
C-533-825.................................             1/1/08 - 12/31/08
              Jindal Poly Films Limited of
               India......................
ITALY: Certain Pasta......................
C-475-819.................................             1/1/08 - 12/31/08
              Agritalia S.r.L.............
              De Matteis Agroalimentare
               S.p.A......................
              F. Divella S.p.A............
              F.lli De Cecco di Filippo
               Fara San Martino S.p.A.....
              Pastificio Lucio Garofalo
               S.p.A......................
THE PEOPLE'S REPUBLIC OF CHINA: Circular
 Welded Carbon Quality Steel Pipe.........
C-570-911.................................           11/13/07 - 12/31/08
              Baoshan Iron & Steel Co.,
               Ltd........................
              Jiangsu Yulong Steel Pipe
               Co., Ltd...................
              Liaoning Northern Steel Pipe
               Co., Ltd...................
              Hunan Hengyang Steel Tube
               (Group) Co., Ltd...........
              CNOOC Kingland Pipeline Co.,
               Ltd........................
              Jiangsu Changbao Steel Tube
               Co., Ltd...................
              Wuxi Fastube Industry Co.,
               Ltd........................
              Weifang East Steel Pipe Co.,
               Ltd........................
              Tianjin Shuangjie Steel Pipe
               Co., Ltd...................
              Zhejiang Kingland Pipeline
               Industry Co., Ltd..........
Suspension Agreements.....................
None......................................
------------------------------------------------------------------------
\3\ On April 7, 2009, the Department published a notice of initiation of
  administrative reviews for the orders covering certain frozen
  warmwater shrimp (shrimp) from Brazil, India, and Thailand. See
  Certain Frozen Warmwater Shrimp from Brazil, India and Thailand:
  Notice of Initiation of Administrative Reviews, 74 FR 15699 (April 7,
  2009). This notice should have also indicated that the Department
  received a timely request to revoke, in part, the antidumping duty
  order on shrimp from India with respect to Devi Sea Foods Limited, an
  exporter and producer of shrimp from India.
\4\ The Department received a request for an administrative review of
  the antidumping order on stainless steel sheet and strip in coils
  (``SSSSC'') from Taiwan with respect to Tung Mung Development Co.,
  Ltd. (``Tung Mung'') (as to subject merchandise as set forth in Notice
  of Amended Final Determination in Accordance With Court Decision of
  the Antidumping Duty Investigation of Stainless Steel Sheet and Strip
  in Coils From Taiwan, 69 FR 67311 (Nov. 17, 2004)). SSSSC produced and
  exported by Tung Mung was excluded from this order effective October
  16, 2002. Id. However, exports of SSSSC produced by Tung Mung and
  exported to the United States by Ta Chen Stainless Pipe Co., Ltd.
  (``Ta Chen'') remain subject to the order, and thus this
  administrative review covers exports of SSSSC produced by Tung Mung in
  Taiwan and exported to the United States by Ta Chen.
\5\ If one of the above named companies does not qualify for a separate
  rate, all other exporters of Circular Welded Carbon Quality Steel Pipe
  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.
\6\ If one of the above named companies does not qualify for a separate
  rate, all other exporters of Persulfates from the 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.
\7\ If one of the above named companies does not qualify for a separate
  rate, all other exporters of Saccahrin from the 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.

    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 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 (January 22, 2008). 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 USC 1675(a)) and 19 
CFR 351.221(c)(1)(i).


[[Page 42877]]


    Dated: August 19, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-20500 Filed 8-24-09; 8:45 am]
BILLING CODE 3510-DS-S