[Federal Register Volume 74, Number 245 (Wednesday, December 23, 2009)]
[Notices]
[Pages 68229-68232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30529]


-----------------------------------------------------------------------

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 November 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: December 23, 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 November anniversary 
dates. The Department also received a timely request to revoke in part 
the antidumping duty order on Fresh Garlic from the People's Republic 
of China 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 (``POR'') listed below. If a 
producer or exporter named in this notice of initiation 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 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 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

[[Page 68230]]

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 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 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://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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 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 November 30, 2010.

------------------------------------------------------------------------
                                                        Period to be
           Antidumping duty proceedings                   reviewed
------------------------------------------------------------------------
Brazil: Polyethylene Terephthalate Film, Sheet,         11/6/08-10/31/09
 and Strip, A-351-841.............................
    Terphane Inc.
Germany: Lightweight Thermal Paper, A-428-840.....     11/20/08-10/31/09
    Papierfabrik August Koehler AG
    Mitsubishi HiTec Paper Flensburg GmbH,
     Mitsubishi HiTec Paper Bielefeld GmbH, and
     Mitsubishi International Corp.
Mexico: Circular Welded Non-Alloy Steel Pipe and        11/1/08-10/31/09
 Tube, A-201-805..................................
    Mueller Comercial de Mexico, S. de R.L. de
     C.V.
    Tuberia Nacional, S.A. de C.V.
    Ternium Mexico, S.A. de C.V., and its
     affiliates, Hylsa, S.A. de C.V., Ternium
     Grupo IMSA SAB de C.V., and Galvak S.A. de
     C.V.
Republic of Korea: Certain Circular Welded Non-         11/1/08-10/31/09
 Alloy Steel Pipe, A-580-809......................
    SeAH Steel Corporation
        Hyundai HYSCO
        Husteel Co., Ltd.
        Nexteel Co., Ltd.
        Kumkang Industrial Co., Ltd.
        A-JU Besteel Co., Ltd.
The People's Republic of China: Certain Cut-to-         11/1/08-10/31/09
 Length Carbon Steel Plate,\3\ A-570-849..........
    Hunan Valin Xiangtan Iron & Steel Co., Ltd.
The People's Republic of China: Fresh Garlic,\4\ A-     11/1/08-10/31/09
 570-831..........................................
    American Pioneer Shipping
    Anhui Dongqian Foods Ltd
    Anqiu Friend Food Co., Ltd.
    Anqiu Haoshun Trade Co., Ltd.
    APS Qingdao
    Chengwu County Yuanxiang Industry & Commerce
     Co., Ltd.
    Chiping Shengkang Foodstuff Co., Ltd.
    Hangzhou Guanyu Foods Co., Ltd.
    Hebei Golden Bird Trading Co., Ltd.
    Henan Weite Industrial Co., Ltd.

[[Page 68231]]

 
    Heze Ever-Best International Trade Co., Ltd.        11/1/08-10/31/09
     (f/k/a Shandong Heze
    International Trade and Developing Company)
    Hongqiao International Logistics Co.
    IT Logistics Qingdao Branch
    Jinan Solar Summit International Co., Ltd.
    Jinan Farmlady Trading Co., Ltd.
    Jinan Yipin Corporation Ltd.
    Jining Highton Trading Co., Ltd.
    Jining Juilong International Trading Co., Ltd.
    Jining Tiankuang Trade Co., Ltd.
    Jining Yongjia Trade Co., Ltd.
    Jinxian County Huaguang Food Import & Export
     Co., Ltd.
    Jinxiang Dacheng Food Co., Ltd.
    Jinxiang Dongyun Freezing Storage Co., Ltd. (a/
     k/a Jinxiang Eastward
    Shipping Import and Export Limited Company)
    Jinxiang Fengsheng Import & Export co., Ltd.
    Jinxiang Hejia Co., Ltd.
    Jinxiang Jinma Fruits Vegetables Products Co.,
     Ltd.
    Jinxiang Shanyang Freezing Storage Co., Ltd.
    Jinxiang Tianheng Trade Co., Ltd.
    Jinxiang Tianma Freezing Storage Co., Ltd.
    Juye Homestead Fruits and Vegetables Co., Ltd.
    Kingwin Industrial Co., Ltd.
    Laiwu Fukai Foodstuff Co., Ltd.
    Laizhou Xubin Fruits and Vegetables
    Linshu Dading Private Agricultural Products
     Co., Ltd.
    Linyi City Heding District Jiuli Foodstuff Co.
    Ningjin Ruifeng Foodstuff Co., Ltd.
    Qingdao Apex Shipping Co., Ltd.
    Qingdao Lianghe International Trade Co., Ltd.
    Qingdao Saturn International Trade Co., Ltd.
    Qingdao Sea-Line International Trading Co.,
     Ltd.
    Qingdao Sino-World International Trading Co.,
     Ltd.
    Qingdao Tiantaixing Foods Co., Ltd.
    Qingdao Winner Foods Co., Ltd.
    Qingdao Xintianfeng Foods, Co., Ltd.
    Qingdao Yuankang International
    Qufu Dongbao Import & Export Trade Co., Ltd.
    Rizhao Huasai Foodstuff Co., Ltd.
    Samyoung America (Shanghai) Inc.
    Shandong Chengshun Farm Produce Trading Co.,
     Ltd.
    Shandong Chenhe Int'l Trading Co., Ltd.
    Shandong China Bridge Imports
    Shandong Dongsheng Eastsun Foods Co., Ltd.
    Shandong Garlic Company
    Shandong Jinxiang Zhengyang Import & Export
     Co., Ltd.
    Shandong Longtai Fruits and Vegetables Co.,
     Ltd.
    Shandong Sanxing Food Co., Ltd.
    Shandong Wonderland Organic Food Co., Ltd.
    Shandong Xingda Foodstuffs Group Co., Ltd.
    Shandong Yipin Agro (Group) Co., Ltd.
    Shanghai Ever Rich Trade Company
    Shanghai Goldenbridge International Co., Ltd.
    Shanghai Great Harvest International Co., Ltd.
    Shanghai LJ International Trading Co., Ltd.
    Shenzhen Fanhui Import & Export Co., Ltd.
    Shenzhen Greening Trading Co., Ltd.
    Shenzhen Xinboda Industrial Co., Ltd.
    T&S International, LLC
    Taian Eastsun Foods Co., Ltd.
    Taian Fook Huat Tong Kee Pte. Ltd.
    Taian Solar Summmit Food Co., Ltd.
    Taiyan Ziyang Food Co., Ltd.
    V.T. Impex (Shandong) Limited
    Weifang Chenglong Import & Export Co., Ltd.
    Weifang Hongqiao International Logistics Co.,
     Ltd.
    Weifang Naike Foodstuffs Co., Ltd.
    Weifang Shennong Foodstuff Co., Ltd.
    WSSF Corporation (Weifang)
    Xiamen Huamin Import Export Company
    Xiamen Keep Top Imp. and Exp. Co., Ltd.
    XuZhou Simple Garlic Industry Co., Ltd.
    You Shi Li International Trading Co., Ltd.

[[Page 68232]]

 
    Zhangzhou Xiangcheng Rainbow Greenland Food         11/1/08-10/31/09
     Co., Ltd.
    Zhengzhou Harmoni Spice Co., Ltd.
    Zhengzhou Yuanli Trading Co., Ltd.
The People's Republic of China: Lightweight            11/20/08-10/31/09
 Thermal Paper,\5\ A-570-920......................
    Guangdong Guanhao High-Tech Co., Ltd.
    Shanghai Hanhong Paper Co., Ltd. and
    Hanhong International Limited
The People's Republic of China: Polyethylene            11/6/08-10/31/09
 Terephthalate Film, Sheet, and Strip,\6\ A-570-
 924..............................................
    Fuwei Films (Shandong) Co., Ltd.
    Shaoxing Xiangyu Green Packing Co., Ltd.
    Tianjin Wanhua Co., Ltd.
    Sichuan Dongfang Insulating Material Co., Ltd.
    Shanghai Xishu Electric Material Co., Ltd.
    Shanghai Uchem Co., Ltd.
United Arab Emirates: Polyethylene Terephthalate        11/6/08-10/31/09
 Film, Sheet, and Strip, A-520-803................
    Flex Middle East FZE
    JBF RAK LLC
 
          Countervailing Duty Proceedings
 
The People's Republic of China: Lightweight            11/20/08-12/31/08
 Thermal Paper, C-570-921.........................
    Guangdong Guanhao High-Tech Co., Ltd.
------------------------------------------------------------------------

Suspension Agreements

    None.
---------------------------------------------------------------------------

    \3\ If the above-named company does not qualify for a separate 
rate, all other exporters of certain cut-to-length carbon steel 
plate 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.
    \4\ If one of the above-named companies does not qualify for a 
separate rate, all other exporters of fresh garlic 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.
    \5\ If one of the above-named companies does not qualify for a 
separate rate, all other exporters of lightweight thermal paper 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.
    \6\ If one of the above-named companies does not qualify for a 
separate rate, all other exporters of polyethylene terephthalate 
film, sheet, and strip 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 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 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 to the POR.
    Interested parties must submit applications for disclosure under 
APO 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 351.101(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: December 17, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-30529 Filed 12-22-09; 8:45 am]
BILLING CODE 3510-DS-P