[Federal Register Volume 76, Number 145 (Thursday, July 28, 2011)]
[Notices]
[Pages 45227-45230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19136]


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DEPARTMENT OF COMMERCE

International Trade Administration


Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, Requests for Revocations in Part and Deferral of 
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 June anniversary dates. In 
accordance with the Department's regulations, we are initiating those 
administrative reviews. The Department received requests to revoke two 
antidumping duty orders in part and to defer the initiation of an 
administrative review for two antidumping duty orders.

DATES: Effective Date: July 28, 2011.

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 June anniversary dates. 
The Department also received timely requests to revoke in part the 
antidumping duty orders on Polyethylene Terephthalate Film, Sheet, and 
Strip from South Korea for one exporter and on Folding Metal Tables and 
Chairs from the People's Republic of China for one exporter. In 
addition, the Department received requests to defer for one year the 
initiation of the June 1, 2010, through May 31, 2011, administrative 
reviews of the antidumping duty orders on Certain Polyester Staple 
Fiber from the People's Republic of China with respect to two exporters 
and on Folding Metal Tables and Chairs from the People's Republic of 
China with respect to one exporter in accordance with 19 CFR 
351.213(c). The Department received no objections to these requests 
from any party cited in 19 CFR 351.213(c)(1)(ii).
    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 
time.

Notice of No Sales

    If a producer or exporter named in this notice of initiation had no 
exports, sales, or entries during the period of review (``POR''), it 
must notify the Department within 60 days of publication of this notice 
in the Federal Register. 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 (``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)(3)(ii), 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 seven days of publication of this 
initiation notice and to make our decision regarding respondent 
selection within 21 days of publication of this

[[Page 45228]]

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.
    In the event the Department decides it is necessary to limit 
individual examination of respondents and conduct respondent selection 
under section 777A(c)(2) of the Act:
    In general, the Department has found that determinations concerning 
whether particular companies should be ``collapsed'' (i.e., treated as 
a single entity for purposes of calculating antidumping duty rates) 
require a substantial amount of detailed information and analysis, 
which often require follow-up questions and analysis. Accordingly, the 
Department will not conduct collapsing analyses at the respondent 
selection phase of this review and will not collapse companies at the 
respondent selection phase unless there has been a determination to 
collapse certain companies in a previous segment of this antidumping 
proceeding (i.e., investigation, administrative review, new shipper 
review or changed circumstances review). For any company subject to 
this review, if the Department determined, or continued to treat, that 
company as collapsed with others, the Department will assume that such 
companies continue to operate in the same manner and will collapse them 
for respondent selection purposes. Otherwise, the Department will not 
collapse companies for purposes of respondent selection. Parties are 
requested to (a) Identify which companies subject to review previously 
were collapsed, and (b) provide a citation to the proceeding in which 
they were collapsed. Further, if companies are requested to complete 
the Quantity and Value Questionnaire for purposes of respondent 
selection, in general each company must report volume and value data 
separately for itself. Parties should not include data for any other 
party, even if they believe they should be treated as a single entity 
with that other party. If a company was collapsed with another company 
or companies in the most recently completed segment of this proceeding 
where the Department considered collapsing that entity, complete 
quantity and value data for that collapsed entity must be submitted.

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://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 60 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 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.
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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 proceeding (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 Certification.
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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 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 June 30, 2012. Also in 
accordance with 19 CFR 351.213(c), we are deferring for one year the 
initiation of June 1, 2010, through May 31, 2011, administrative 
reviews of the antidumping duty orders on Certain Polyester Staple 
Fiber from the People's Republic of China with respect to two exporters 
and on Folding Metal Tables

[[Page 45229]]

and Chairs from the People's Republic of China with respect to one 
exporter.

------------------------------------------------------------------------
                                                          Period to be
                                                            reviewed
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             Antidumping Duty Proceedings
 
Japan: Certain Large Diameter Carbon and Alloy            6/1/10-5/31/11
 Seamless, Standard, Line, and Pressure Pipe, A-588-
 850.................................................
    JFE Steel Corporation
    Nippon Steel Corporation
    NKK Tubes
    Sumitomo Metal Industries, Ltd.
South Korea: Polyethylene Terephthalate Film, Sheet,      6/1/10-5/31/11
 and Strip, A-580-807................................
    Kolon Industries, Inc.
The People's Republic of China: Certain Chlorinated       6/1/10-5/31/11
 Isocyanurates,\3\ A-570-898.........................
    Hebei Jiheng Chemical Co., Ltd.
    Juancheng Kangtai Chemical Co. Ltd.
    Nanning Chemical Industry Co., Ltd.
    Zhucheng Taisheng Chemical Co., Ltd.
The People's Republic of China: Certain Polyester         6/1/10-5/31/11
 Staple Fiber,\4\ A-570-905..........................
    Far Eastern Industries, Ltd., (Shanghai) and Far
     Eastern Polychem Industries
    Cixi Jiangnan Chemical Co., Ltd.
    Cixi Sansheng Chemical Fiber Co., Ltd.
    Zhejiang Waysun Chemical Fiber Co., Ltd., and its
     affiliate, Cixi Waysun Chemical Fiber Co., Ltd.
    Hangzhou Sanxin Paper Co., Ltd.
    Nantong Luolai Chemical Fiber Co., Ltd.
    Nan Yang Textiles Co., Ltd.
    Zhaoqing Tifo New Fiber Co., Ltd.
    Huvis Sichuan Chemical Fiber Corp., and Huvis
     Sichuan Polyester Fiber Ltd.
The People's Republic of China: Folding Metal Tables      6/1/10-5/31/11
 and Chairs,\5\ A-570-868............................
    Feili Furniture Development Limited Quanzhou City
    Feili Group (Fujian) Co., Ltd.
The People's Republic of China: Silicon Metal,\6\ A-      6/1/10-5/31/11
 570-806.............................................
    Shanghai Jinneng International Trade Co., Ltd.
The People's Republic of China: Tapered Roller            6/1/10-5/31/11
 Bearings and Parts Thereof, Finished and
 Unfinished,\7\ A-570-601............................
    Zhejiang Sihe Machine Co., Ltd
    Xinchang Kaiyuan Automotive Bearing Co., Ltd.
    Changshan Peer Bearing Co., Ltd.
    Tianshui Hailin Import and Export Corporation
    Zhejiang ZhaoFeng Mechanical and Electronic Co.,
     Ltd.
    Haining Automann Parts Co., Ltd.
    Xiang Yang Automobile Bearing Co., Ltd.
 
            Countervailing Duty Proceeding
None.
                Suspension Agreements
None.
   Deferral of Initiation of Administrative Reviews
 
The People's Republic of China:
    Certain Polyester Staple Fiber, A-570-905........     6/1/10-5/31/11
    Cixi Santai Chemical Fiber Co., Ltd.
    Ningbo Dafa Chemical Fiber Co., Ltd
The People's Republic of China: Folding Metal Tables      6/1/10-5/31/11
 and Chairs, A-570-868...............................
    New-Tec Integration (Xiamen) Co., Ltd.
------------------------------------------------------------------------

    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 S.p.A. 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

[[Page 45230]]

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 Chlorinated Isocyanurates 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 Certain Polyester Staple Fiber 
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 Folding Metal Tables and 
Chairs 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 the above-named company does not qualify for a separate 
rate, all other exporters of Silicon Metal 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 Tapered Roller Bearings and 
Part Thereof, Finished and Unfinished 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.
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    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 
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)).
    Any party submitting factual information in an antidumping duty or 
countervailing duty proceeding must certify to the accuracy and 
completeness of that information. See section 782(b) of the Act. 
Parties are hereby reminded that revised certification requirements are 
in effect for company/government officials as well as their 
representatives in all segments of any antidumping duty or 
countervailing duty proceedings initiated on or after March 14, 2011. 
See Certification of Factual Information to Import Administration 
During Antidumping and Countervailing Duty Proceedings: Interim Final 
Rule, 76 FR 7491 (February 10, 2011) (Interim Final Rule), amending 19 
CFR 351.303(g)(1) and (2). The formats for the revised certifications 
are provided at the end of the Interim Final Rule. The Department 
intends to reject factual submissions in any proceeding segments 
initiated on or after March 14, 2011 if the submitting party does not 
comply with the revised certification requirements.
    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: July 22, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2011-19136 Filed 7-27-11; 8:45 am]
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