[Federal Register Volume 74, Number 205 (Monday, October 26, 2009)]
[Notices]
[Pages 54956-54959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25752]


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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 September anniversary 
dates. In accordance with the Department's regulations, we are 
initiating those administrative reviews. The Department also received a 
request to revoke one countervailing duty order in part.

DATES: Effective Date: October 26, 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 September anniversary 
dates. The Department also received a timely request to revoke in part 
the countervailing duty order on Corrosion-Resistant Carbon Steel Flat 
Products from the Republic of Korea, with respect to 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 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

[[Page 54957]]

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://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.
    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://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.
    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 September 30, 2010.

------------------------------------------------------------------------
                                                          Period to be
                                                            reviewed
------------------------------------------------------------------------
             Antidumping Duty Proceedings
 
India: Certain Lined Paper Products, A-533-843.......     9/1/08-8/31/09
    Abhinav Paper Products Pvt. Ltd.
    American Scholar, Inc. and/or I-Scholar
    Ampoules & Vials Mfg. Co., Ltd.
    Bafna Exports
    Blue Bird India Ltd.
    Cello International Pvt. Ltd. (M/S Cello Paper
     Products)
    Creative Divya
    Corporate Stationery Pvt. Ltd.
    D.D International
    Exmart International Pvt. Ltd.
    Fatechand Mahendrakumar
    FFI International
    Freight India Logistics Pvt. Ltd.
    International Greetings Pvt. Ltd.
    Lodha Offset Limited
    Magic International Pvt Ltd
    Marigold ExIm Pvt. Ltd.
    Marisa International
    Navneet Publications (India) Ltd.
    Paperwise Inc.
    Pioneer Stationery Pvt. Ltd.
    Premier Exports
    Riddhi Enterprises
    SAB International
    Sar Transport Systems
    Seet Kamal International
    Solitaire Logistics Pvt. Ltd. (Eternity Int'l
     Freight, forwarder on behalf of Solitaire
     Logistics Pvt. Ltd.)
    Sonal Printers Pvt Ltd.
    Super Impex
    Swati Growth Funds Ltd.
    V & M
    Yash Laminates

[[Page 54958]]

 
Mexico: Light-Walled Rectangular Pipe and Tube,\1\ A-    1/30/08-7/31/09
 201-836.............................................
    Hylsa, S.A. de C.V.
    Galvak, S.A. de C.V.
The People's Republic of China: Certain Lined Paper       9/1/08-8/31/09
 Products,\2\ A-570-901..............................
    Watanabe Group (consisting of the following
     companies):
        Watanabe Paper Products (Shanghai) Co., Ltd.
        Watanabe Paper Products (Linqing) Co., Ltd.
        Hotrock Stationery (Shenzhen) Co., Ltd.
        Hwa Fuh Plastics Co., Ltd./Li Teng Plastics
         (Shenzhen) Co., Ltd.
        Leo's Quality Products Co., Ltd./Denmax
         Plastic Stationery Factory
        Shanghai Lian Li Paper Products Co., Ltd.
    Certain New Pneumatic Off-the-Road Tires,\3\ A-      2/20/08-8/31/09
     570-912.........................................
        Aeolus Tyre Co., Ltd.
        Guizhou Tire Co., Ltd.
        Hanghzou Zhongce Rubber Co., Ltd.
        Hebei Starbright Tire Co., Ltd.
        Innova Rubber Co., Ltd.
        Jiangsu Feichi Co., Ltd.
        KS Holding Limited/KS Resources Limited
        Laizhou Xiongying Rubber Industry Co., Ltd.
        Qingdao Free Trade Zone Full-World
         International Trading Co., Ltd.
        Qingdao Taifa Group Co., Ltd.
        Shandong Huitong Tyre Co., Ltd.
        Tianjin Wanda Tyre Group
        Tianjin United Tire & Rubber International
         Co., Ltd.
        Triangle Tyre Co., Ltd.
        Weihai Zhongwei Rubber Co., Ltd.
    Freshwater Crawfish Tail Meat,\4\ A-570-848......     9/1/08-8/31/09
        China Kingdom (Beijing) Import & Export Co.,
         Ltd.
        Shanghai Ocean Flavor International Trading
         Co., Ltd.
        Xiping Opeck Food Co., Ltd.
        Xuzhou Jinjiang Foodstuffs Co., Ltd.
        Yancheng Hi-King Agriculture Developing Co.,
         Ltd.
 
           Countervailing Duty Proceedings
 
Brazil: Certain Hot-Rolled Carbon Steel Flat             1/1/08-12/31/08
 Products, C-351-829.................................
    Usinas Siderurgicas de Minas Gerais--Usiminas
    Companhia Siderurgica Paulista--Cosipa
The People's Republic of China: Certain New Pneumatic  12/17/07-12/31/08
 Off-the-Road Tires, C-570-913.......................
    Aeolus Tyre Co., Ltd.
    Guizhou Tire Co., Ltd.
    Hanghzou Zhongce Rubber Co., Ltd.
    Hebei Starbright Tire Co., Ltd.
    Jiangsu Feichi Co., Ltd.
    Shandong Huitong Tyre Co., Ltd.
    Tianjin United Tire & Rubber International Co.,
     Ltd.
    Tianjin Wanda Tyre Group
    Triangle Tyre Co., Ltd.
------------------------------------------------------------------------
\1\ In the initiation notice that published on September 22, 2009 (74 FR
  48224) the period of review (``POR'') for Light-Walled Rectangular
  Pipe and Tube from Mexico was incorrect. The POR listed above is the
  correct POR for this case. Separately listed above is the corrected
  spelling of two companies that were initiated in the September 22,
  2009 notice.
\2\ 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 (``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.
\3\ If one of the above named companies does not qualify for a separate
  rate, all other exporters of Certain New Pneumatic Off-the-Road Tires
  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.
\4\ If one of the above named companies does not qualify for a separate
  rate, all other exporters of Freshwater Crawfish Tail Meat 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.

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.
    For the first administrative review of any order, there will be no 
assessment of antidumping or countervailing duties

[[Page 54959]]

on entries of subject merchandise entered, or withdrawn from warehouse, 
for consumption during the relevant provisional-measures ``gap'' 
period, of the order, if such a gap period is applicable for the POR.
    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 in 19 CFR 
351.103(d)).
    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 20, 2009.
Gary Taverman,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-25752 Filed 10-23-09; 8:45 am]
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