[Federal Register Volume 75, Number 208 (Thursday, October 28, 2010)]
[Notices]
[Pages 66349-66352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27296]


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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 (``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.

DATES: Effective Date: October 28, 2010.

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.
    All deadlines for the submission of various types of information, 
certifications, or comments or actions by the Department discussed 
below refer to the number of calendar days from the applicable starting 
date.

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 must notify the Department within 
60 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

[[Page 66350]]

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 seven days of publication of this 
initiation notice and to make our decision regarding respondent 
selection within 21 days of publication of this Federal Register 
notice. The Department invites comments regarding the CBP data and 
respondent selection within five days of placement of the CBP data on 
the record of the applicable review.

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://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 60 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.
    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 days after 
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 sections 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, 2011.

------------------------------------------------------------------------
                                                          Period to be
                                                            reviewed
------------------------------------------------------------------------
             Antidumping Duty Proceedings
------------------------------------------------------------------------
 
India: Certain Lined Paper Products, A-533-843.......     9/1/09-8/31/10
    Abhinav Paper Products Pvt. Ltd.
    American Scholar, Inc. and/or I-Scholar
    Ampoules & Vials Mfg. Co., Ltd.
    AR Printing & Packaging (India) Pvt
    Bafna Exports
    Cello International Pvt. Ltd. (M/S Cello Paper
     Products)
    Creative Divya
    Corporate Stationery Pvt. Ltd.
    D.D International
    Excel India (Pvt.) Ltd.
    Exmart International Pvt. Ltd.
    Fatechand Mahendrakumar
    FFI International
    Freight India Logistics Pvt. Ltd.
    International Greetings Pvt. Ltd.
    Kejriwal Paper Ltd. and Kejriwal Exports
    Lodha Offset Limited
    Magic International Pvt Ltd.
    Marigold ExIm Pvt. Ltd.
    Marisa International
    Navneet Publications (India) Ltd.
    Orient Press Ltd.

[[Page 66351]]

 
    Paperwise Inc.
    Pioneer Stationery Pvt. Ltd.
    Premier Exports
    Rajvansh International
    Riddhi Enterprises
    SAB International
    Sar Transport Systems
    Seet Kamal International
    Sonal Printers Pvt Ltd.
    Super Impex
    Swati Growth Funds Ltd.
    V & M
    Yash Laminates
The People's Republic of China: Certain Lined Paper       9/1/09-8/31/10
 Products,\1\ A-570-901..............................
    Shanghai Lian Li Paper Products Co., Ltd.
    Leo's Quality Products Co., Ltd./Denmax Plastic
     Stationary Factory
    Watanabe Group (consisting of the following
     companies):
    Watanabe Paper Products (Shanghai) Co., Ltd.
    Watanabe Paper Products (Linqing) Co., Ltd.
    Hotrock Stationery (Shenzhen) Co., Ltd.
The People's Republic of China: Certain New Pneumatic     9/1/09-8/31/10
 Off-the-Road Tires,\2\ A-570-912....................
    Guizhou Tyre Co., Ltd.
    Guizhou Advance Rubber Co., Ltd.
    Guizhou Tyre Import and Export Corporation
    Hangzhou Zhongce Rubber Co., Ltd.
    Hebei Starbright Tire Co., Ltd.
    KS Holding Limited/KS Resources Limited
    Laizhou Xiongying Rubber Industry Co., Ltd.
    Mai Shandong Radial Tyre Co., Ltd.
    Qingdao Free Trade Zone Full-World International
     Trading Company, LTD.
    Qingdao Tiafa Group Co., Ltd.
    Tianjin United Tire & Rubber International Co.,
     Ltd.
    Weihai Zhongwei Rubber Co., Ltd.
The People's Republic of China: Freshwater Crawfish       9/1/09-8/31/10
 Tail Meat,\3\ A-570-848.............................
    China Kingdom (Beijing) Import & Export Co., Ltd.
    Nanjing Gemsen International 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.
The People's Republic of China: Kitchen Appliance         3/5/09-8/31/10
 Shelving and Racks,\4\ \5\ A-570-941................
    Asia Pacific CIS (Wuxi) Co., Ltd.
    Asia Pacific CIS (Thailand) Co., Ltd.
    Guangdong Wire King Co., Ltd. (formerly known as
     Foshun Shunde Wireking Housewares & Hardware)
    Hangzhou Dunli Import & Export Co., Ltd. and
     Hangzhou Dunli Industry Co., Ltd.
    Hengtong Hardware Manufacturing (Huizhou) Co.,
     Ltd.
    Jiangsu Weixi Group Co.
    King Shan Wire Co., Ltd. (parent company of New
     King Shan (Zhuhai) Co., Ltd.)
    Leader Metal Industry Co., Ltd. (aka Marmon
     Retail Services Asia)
    New King Shan (Zhu Hai) Co., Ltd.
    Taiwan Rail Company
------------------------------------------------------------------------
 
           Countervailing Duty Proceedings
------------------------------------------------------------------------
 
Brazil: Certain Hot-Rolled Carbon Steel Flat             1/1/09-12/31/09
 Products, C-351-829.................................
    Usinas Siderurgicas de Minas Gerais S.A.--
     Usiminas
    Companhia Siderurgica Paulista--Cosipa
The People's Republic of China: Certain New Pneumatic    1/1/09-12/31/09
 Off-the-Road Tires, C-570-913.......................
    Guizhou Tyre Co., Ltd.
    Guizhou Advance Rubber Co., Ltd.
    Guizhou Tyre Import and Export Corporation
    Qingda Etyre International Trade Co., Ltd.
    Qingdao Hengda Tyres Co., Ltd.
    Qingdao Sinorient International Ltd.
    Qingdao Qizhou Rubber Co., Ltd.
    Shandong Huitong Tyre Co., Ltd.
    Tianjin United Tire & Rubber International Co.,
     Ltd.
    Techking Tires Limited
    Wendeng Sanfeng Tyre Co., Ltd.
The People's Republic of China: Kitchen Appliance        1/7/09-12/31/09
 Shelving and Racks,\6\ C-570-942....................
    Asia Pacific CIS (Wuxi) Co., Ltd.
    Asia Pacific CIS (Thailand) Co., Ltd.
    Guangdong Wire King Co., Ltd. (formerly known as
     Foshun Shunde

[[Page 66352]]

 
    Wireking Housewares & Hardware)
    Hangzhou Dunli Import & Export Co., Ltd. and
     Hangzhou Dunli Industry Co., Ltd.
    Hengtong Hardware Manufacturing (Huizhou) Co.,
     Ltd.
    Jiangsu Weixi Group Co.
    King Shan Wire Co., Ltd. (parent company of New
     King Shan (Zhuhai) Co., Ltd.)
    Leader Metal Industry Co., Ltd. (aka Marmon
     Retail Services Asia)
    New King Shan (Zhu Hai) Co., Ltd.
    Taiwan Rail Company
------------------------------------------------------------------------
\1\ 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.
\2\ 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.
\3\ 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.
\4\ If one of the above named companies does not qualify for a separate
  rate, all other exporters of Kitchen Appliance Shelving and Racks 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\ Petitioners, SSW Holding Company, Inc. and Nashville Wire Products,
  Inc, also requested a review of five additional companies. However,
  the Department has sought additional information as to why Petitioners
  desire a review of these companies, as required by 19 CFR
  351.213(b)(1). We are still considering the appropriateness of
  initiating a review of these five companies. Therefore, at this time,
  we are not initiating a review with respect to the following
  companies: Asia Pacific CIS (Wuxi) Co., Ltd., Asia Pacific CIS
  (Thailand) Co., Ltd., Hengtong Hardware Manufacturing (Huizhou) Co.,
  Ltd., Taiwan Rail Company, and King Shan Wire Co., Ltd.
\6\ See footnote 5.

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 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 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(I).

    Dated: October 25, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2010-27296 Filed 10-27-10; 8:45 am]
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