[Federal Register Volume 76, Number 151 (Friday, August 5, 2011)]
[Notices]
[Pages 47550-47551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19923]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-894]


Certain Tissue Paper Products From the People's Republic of 
China: Notice of Rescission of the 2009-2010 Antidumping Duty 
Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is rescinding the 
administrative review of the antidumping duty order on certain tissue 
paper products from the People's Republic of China (PRC) for the period 
of review (POR) of March 1, 2009, to February 28, 2010, with respect to 
Max Fortune (Vietnam) Paper Products Company Limited (MFVN) because 
MFVN had no sales of subject merchandise which entered the United 
States during the POR.

DATES: Effective Date: August 5, 2011.

FOR FURTHER INFORMATION CONTACT: Brian Smith or Gemal Brangman, AD/CVD 
Operations, Office 2, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
1766 or (202) 482-3773, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On April 6, 2011, the Department published the preliminary results 
of this administrative review. See Certain Tissue Paper Products From 
the People's Republic of China: Notice of Preliminary Results of 
Antidumping Duty Administrative Review, 76 FR 19049 (April 6, 2011) 
(Preliminary Results).
    On May 20, 2011, MFVN and the petitioner \1\ submitted case briefs. 
On May 27, 2011, the petitioner submitted its rebuttal brief. MFVN did 
not submit a rebuttal brief.
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    \1\ The petitioner is Seaman Paper Company of Massachusetts, 
Inc.
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    On May 31, 2011, MFVN withdrew its May 6, 2011, request for a 
hearing. No other party in this review requested a hearing.
    On July 8 and 13, 2011, the Department held meetings with MFVN's 
and the petitioner's counsels, respectively, to discuss issues raised 
in their case briefs.\2\
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    \2\ See the Department's memoranda to the file entitled, ``Ex 
Parte Meeting with Counsel for Max Fortune (Vietnam) Paper Products 
Company, Limited,'' dated July 11, 2011, and ``Ex Parte Meeting with 
the Petitioner's Counsel,'' dated July 14, 2011.
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Rescission of Administrative Review

    In this administrative review, MFVN requested rescission of this 
review on the basis that it made no sales/shipments during the POR of 
tissue paper products produced from Chinese-origin jumbo rolls/
sheets.\3\ We determined in the Preliminary Results, as adverse facts 
available (AFA), that during the POR MFVN made shipments to the United 
States of tissue paper products produced using Chinese-origin jumbo 
rolls/sheets. Further, based on AFA, we preliminarily found that no 
substantial transformation is occurring as a result of further 
processing by MFVN in Vietnam and, thus, the country of origin for 
antidumping duty (AD) purposes of the tissue paper products produced by 
MFVN from Chinese-origin jumbo rolls/sheets is China. Consequently, we 
assigned MFVN a cash deposit rate of 112.64 percent.
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    \3\ See Letter from MFVN, dated August 17, 2010.
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    Our Preliminary Results assumed that MFVN was the entity making the 
first sale for export to the United States of

[[Page 47551]]

the tissue paper products produced using Chinese-origin jumbo rolls/
sheets. However, upon further review of the sales documentation on the 
record, we found that while MFVN physically ships the tissue paper it 
produces to the United States, MFVN's parent company in Hong Kong, Max 
Fortune Industrial Limited (MFHK), is the entity that sells it to the 
U.S. customer and, thus, is the ``exporter'' for AD purposes. The 
record evidence establishes that MFHK, among other things, negotiates 
the terms of the sale with and issues the commercial invoice to the 
U.S. customer for exports of tissue paper produced by MFVN.\4\ This 
fact pattern is not inconsistent with the Department's AFA 
determination in the Preliminary Results that MFVN made shipments to 
the United States of tissue paper products produced from Chinese-origin 
jumbo rolls/sheets, but instead reflects the Department's determination 
upon further consideration of record evidence that MFVN is not the 
exporter of the subject merchandise.
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    \4\ See Memorandum from to the File from Case Analysts entitled 
``Verification of the Questionnaire Response of Max Fortune 
(Vietnam) Paper Products Co., Ltd. and Its Affiliates in the Anti-
circumvention Inquiry and 2009-2010 Antidumping Duty Administrative 
Review of Certain Tissue Paper Products from the People's Republic 
of China,'' dated March 31, 2011, at exhibits 6A through 6F.
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    In administrative reviews involving non-market-economy countries, 
the Department calculates cash deposit rates only for exporters, not 
producers. See, e.g., Certain Frozen Fish Fillets From the Socialist 
Republic of Vietnam: Notice of Preliminary Results and Partial 
Rescission of the Third Antidumping Administrative Review, 72 FR 53527, 
53530 (September 19, 2007) (rescinding review for company that was a 
producer, but not an exporter, of subject merchandise to the United 
States); unchanged in Certain Frozen Fish Fillets From the Socialist 
Republic of Vietnam: Final Results of Antidumping Duty Administrative 
Review and Partial Rescission, 73 FR 15479 (March 24, 2008). 
Accordingly, because MFVN was the producer, rather than the exporter, 
of the merchandise under review and, thus, had no sales of the subject 
merchandise to the United States during the POR, the Department is 
rescinding this administrative review with respect to MFVN.
    In this case, the petitioner withdrew its request for review of the 
exporter MFHK, and we subsequently rescinded the review with respect to 
MFHK. See Certain Tissue Paper Products From the People's Republic of 
China: Notice of Partial Rescission and Extension of Time Limit for 
Preliminary Results of 2009-2010 Administrative Review, 75 FR 73040 
(November 29, 2010). Therefore, given that MFHK is no longer subject to 
this review and there are no sales of subject merchandise by MFVN which 
entered the United States during the POR, we are rescinding this 
administrative review of MFVN in accordance with 19 CFR 351.213(d)(3).

Assessment

    The Department will instruct U.S. Customs and Border Protection 
(CBP) to assess antidumping duties on all appropriate entries, 
including those from the PRC-wide entity. Antidumping duties shall be 
assessed at rates equal to the cash deposit of estimated antidumping 
duties required at the time of entry, or withdrawal from warehouse, for 
consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department 
intends to issue appropriate assessment instructions directly to CBP 15 
days after the date of publication of this notice in the Federal 
Register.

Notification to Importers

    This notice serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
terms of an APO is a sanctionable violation.
    This notice is published in accordance with section 777(i) of the 
Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).

    Dated: August 1, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2011-19923 Filed 8-4-11; 8:45 am]
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