[Federal Register Volume 77, Number 20 (Tuesday, January 31, 2012)]
[Notices]
[Pages 4759-4762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2086]


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DEPARTMENT OF COMMERCE

International Trade Administration


Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Requests 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 December anniversary 
dates. In accordance with the Department's regulations, we are 
initiating those administrative reviews. The Department also received 
requests to revoke two antidumping duty orders in part.

DATES: Effective Date: January 31, 2012.

FOR FURTHER INFORMATION CONTACT: Brenda Waters, 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-
4735.

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 December anniversary 
dates. The Department also received a timely request to revoke in part 
the antidumping duty orders on certain cased pencils from the People's 
Republic of China for two exporters, and on honey from Argentina with 
respect to four exporters.
    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 filed electronically 
at http://iaaccess.trade.gov in accordance with 19 CFR 351.303. See 
Antidumping and Countervailing Duty Proceedings: Electronic Filing 
Procedures; Administrative Protective Order Procedures, 76 FR 39263 
(July 6, 2011). Such submissions are subject to verification in 
accordance with section 782(i) of the Tariff Act of 1930, as amended 
(``Act''). Further, in accordance with 19 CFR 351.303(f)(3)(ii), a copy 
of each request must be served on the petitioner and each exporter or 
producer specified in the request.

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 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.

Deadline for Withdrawal of Request for Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), a party that has requested a 
review may withdraw that request within 90 days of the date of 
publication of the notice of initiation of the requested review. The 
regulation provides that the Department may extend this time if it is 
reasonable to do so. In order to provide parties additional certainty 
with respect to when the Department will exercise its discretion to 
extend this 90-day deadline, interested parties are advised that, with 
regard to reviews requested on the basis of anniversary months on or 
after August 2011, the Department does not intend to extend the 90-day 
deadline unless the requestor demonstrates that an extraordinary 
circumstance has prevented it from submitting a timely withdrawal 
request. Determinations by the Department to extend the 90-day deadline 
will be made on a case-by-case basis.

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

[[Page 4760]]

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 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 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 December 31, 2012.

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                                                          Period to be
                                                            reviewed
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             Antidumping Duty Proceedings
 
Argentina: Honey A-357-812...........................    12/1/10--11/30/
                                                                      11
    AGLH S.A.........................................
    Algodonera Avellaneda, S.A.......................
    Alimentos Naturales-Natural Foods Lavalle........
    Alma Pura S.A....................................
    Apicola Danangie.................................
    Apidouro Comercial Exportadora E Importadora Ltda
    Bomare S.A.......................................
    Compania Apicola Argentina S.A...................
    Compania Inversora Platense S.A..................
    D'Ambros Maria de los Angeles y D'Ambros Maria
     Daniela SH......................................
    El Mana S.A......................................
    Geomiel S.A......................................
    HoneyMax S.A.....................................
    Industrial Haedo S.A.............................
    Interrupcion S.A.................................
    Mielar S.A.......................................
    Miel Ceta SRL....................................
    Nexco, S.A.......................................
    Patagonik SA.....................................
    Productos Afer S.A...............................
    Seabird Argentina S.A............................
    TransHoney S.A...................................
    Villamora S.A....................................
India: Certain Hot-Rolled Carbon Steel Flat Products   12/1/10--11/30/11
 A-533-820...........................................
    Essar Steel Limited (Essar Steel Ltd.)...........

[[Page 4761]]

 
    Ispat Industries, Ltd............................
    JSW Steel Limited (JSW Steel Ltd.)...............
    Tata Steel Limited (Tata Steel Ltd.).............
Japan: Welded Large Diameter Line Pipe A-588-857.....  12/1/10--11/30/11
    JFE Steel Corporation............................
    Nippon Steel Corporation.........................
    Sumitomo Corporation.............................
    Sumitomo Metal Industries, Ltd...................
    Sumitomo Metals Pipe & Tube Company..............
The People's Republic of China: Certain Cased Pencils  12/1/10--11/30/11
 \3\ A-570-827.......................................
    Beijing Fila Dixon Stationery Company, Ltd. a/k/a
     Beijing Dixon Ticonderoga Stationery Company,
     Ltd. a/k/a Beijing Dixon Stationery Company,
     Ltd. and Dixon Ticonderoga Company
     (collectively, ``Dixon'').......................
    China First Pencil Co., Ltd. (``China First'')...
    Orient International Holding Shanghai Foreign
     Trade Co., Ltd. (``SFTC'')......................
    Shandong Rongxin Import & Export Co., Ltd........
The People's Republic of China: Hand Trucks and Parts  12/1/10--11/30/11
 Thereof \4\ A-570-891...............................
    New-Tec Integration (Xiamen) Co., Ltd............
    Yangjiang Shunhe Industrial Co., Ltd.............
    Yangjiang Shunhe Industrial & Trade Co., Ltd.....
    WelCom Products Inc..............................
    Yuhuan Tonsheng Industry Company.................
The People's Republic of China: Honey \5\ A-570-863..  12/1/10--11/30/11
    Ahcof Industrial Development Corp., Ltd..........
    Alfred L. Wolff (Beijing) Co., Ltd...............
    Anhui Changhao Import & Export Trading...........
    Anhui Honghui Foodstuff (Group) Co., Ltd.........
    Anhui Honghui Import & Export Trade Co., Ltd.....
    Anhui Cereals Oils and Foodstuffs I/E (Group)
     Corporation.....................................
    Anhui Hundred Health Foods Co., Ltd..............
    Anhui Native Produce Imp & Exp Corp..............
    APM Global Logistics (Shanghai) Co...............
    Baiste Trading Co., Ltd..........................
    Cheng Du Wai Yuan Bee Products Co., Ltd..........
    Chengdu Stone Dynasty Art Stone..................
    Damco China Limited Qingdao Branch...............
    Dongtai Peak Honey Industry Co., Ltd.............
    Eurasia Bee's Products Co., Ltd..................
    Feidong Foreign Trade Co., Ltd...................
    Fresh Honey Co., Ltd. (formerly Mgl. Yun Shen)...
    Golden Tadco Int'l...............................
    Hangzhou Golden Harvest Health Industry Co., Ltd.
    Hangzhou Tienchu Miyuan Health Food Co., Ltd.....
    Haoliluck Co., Ltd...............................
    Hengjide Healthy Products Co. Ltd................
    Hubei Yusun Co., Ltd.............................
    Inner Mongolia Altin Bee-Keeping.................
    Inner Mongolia Youth Trade Development Co., Ltd..
    Jiangsu Cereals, Oils Foodstuffs Import Export
     (Group) Corp....................................
    Jiangsu Kanghong Natural Healthfoods Co., Ltd....
    Jiangsu Light Industry Products Imp & Exp (Group)
     Corp............................................
    Jilin Province Juhui Import......................
    Maersk Logistics (China) Company Ltd.............
    Nefelon Limited Company..........................
    Ningbo Shengye Electric Appliance................
    Ningbo Shunkang Health Food Co., Ltd.............
    Ningxia Yuehai Trading Co., Ltd..................
    Product Source Marketing Ltd.....................
    Qingdao Aolan Trade Co., Ltd.....................
    QHD Sanhai Honey Co., Ltd........................
    Qinhuangdao Municipal Dafeng Industrial Co., Ltd.
    Renaissance India Mannite........................
    Shaanxi Youthsun Co., Ltd........................
    Shanghai Bloom International Trading Co., Ltd....
    Shanghai Foreign Trade Co., Ltd..................
    Shanghai Hui Ai Mal Tose Co., Ltd................
    Shanghai Luyuan Import & Export..................
    Shanghai Taiside Trading Co., Ltd................
    Shine Bal Co., Ltd...............................
    Sichuan-Dujiangyan Dubao Bee Industrial Co., Ltd.
    Sichuan Hasten Imp Exp. Trading Co. Ltd..........
    Silverstream International Co., Ltd..............
    Sunnice Honey....................................
    Suzhou Aiyi IE Trading Co., Ltd..................

[[Page 4762]]

 
    Suzhou Shanding Honey Product Co., Ltd...........
    Tianjin Eulia Honey Co., Ltd.....................
    Tianjin Weigeda Trading Co., Ltd.................
    Wanxi Haohua Food Co., Ltd.......................
    Wuhan Bee Healthy Co., Ltd.......................
    Wuhan Shino-Food Trade Co., Ltd..................
    Wuhu Anjie Food Co., Ltd.........................
    Wuhu Deli Foods Co. Ltd..........................
    Wuhu Fenglian Co., Ltd...........................
    Wuhu Qinshi Tangye...............................
    Wuhu Xinrui Bee-Product Co., Ltd.................
    Xinjiang Jinhui Food Co., Ltd....................
    Youngster International Trading Co., Ltd.........
    Zhejiang Willing Foreign Trading Co..............
 
           Countervailing Duty Proceedings
Argentina: Honey \6\ C-357-813.......................   1/1/11--12/31/11
 
                Suspension Agreements
None.................................................
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    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.
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    \3\ If one of the above named companies does not qualify for a 
separate rate, all other exporters of Certain Cased Pencils 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 Hand Trucks and Parts Thereof 
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 Honey 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\ In accordance with 19 CFR 351.213(b), the petitioners 
requested an administrative review of this countervailing duty 
order. No individual exporters requested the review pursuant to 19 
CFR 351.213(b). The Department conducted the investigation and 
subsequent administrative reviews of this order on an aggregate 
basis pursuant to section 777A(e)(2)(B) of the Act. Accordingly, the 
Department intends to conduct the review of this order on an 
aggregate basis.
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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 period of review.
    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 the 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: January 24, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2012-2086 Filed 1-30-12; 8:45 am]
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