Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices 19049 

1The petitioner is Seaman Paper Company of 

Massachusetts, Inc. 2Also on this date, the Department initiated a 

review of Max Fortune Industrial Limited, Max 

Fortune (FZ) Paper Products Co., Ltd. (formerly 

known as Max Fortune (FETDE) Paper Products Co., 

Ltd.), Max Fortune HK, and Fujian Provincial 

Shaowu City Huaguang Special Craft Co., Ltd. based 

on the petitioner’s timely request for review of these 

companies, but subsequently rescinded the review 

with respect to these companies pursuant to the 

petitioner’s timely withdrawal of its request for 

review. 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) (PRC 

Tissue Paper from China Partial Rescission Notice). 

3On March 29, 2010, the Department initiated an 

anti-circumvention inquiry on certain imports of 

tissue paper from Vietnam produced and/or 

exported by MFVN. See Certain Tissue Paper 

Products From the People’s Republic of China: 

Initiation of Anti-circumvention Inquiry, 75 FR 

17127 (April 5, 2010). 

4See Memorandum to The File entitled 

‘‘Verification of the Questionnaire Response of Max 

Fortune (VN) Paper Products Co., Ltd. (MFVN) and 

Its Affiliates in the Anti-circumvention Inquiry and 

2009–2010 Administrative Review of Certain Tissue 

Paper Products from the People’s Republic of China 

(PRC),’’ dated March 31, 2011 (MFVN Verification 

Report); and Memorandum to The File entitled 

‘‘Meeting with Vietnamese Customs,’’ dated March 

31, 2011. 

March 31, 2011. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2011–8213 Filed 4–5–11; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–894] 

Certain Tissue Paper Products From 

the People’s Republic of China: Notice 

of Preliminary Results of Antidumping 

Duty Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department is conducting 

an administrative review of the 

antidumping duty (AD) order on certain 

tissue paper products (tissue paper) 

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). MFVN claimed in this 

administrative review that it made no 

sales/shipments during the POR of 

tissue paper products produced from 

Chinese-origin jumbo rolls/sheets. 

Contrary to MFVN’s claim and based on 

our verification findings, we 

preliminarily determine, as adverse 

facts available (AFA), that during the 

POR MFVN made sales/shipments to 

the United States of tissue paper 

products produced using Chinese-origin 

jumbo rolls/sheets. Further, based on 

AFA, we find that no substantial 

transformation is occurring as a result of 

further processing in Vietnam, and thus 

the country of origin for AD purposes of 

the tissue paper products produced by 

MFVN from Chinese-origin jumbo rolls/ 

sheets is China. 

If these preliminary results are 

adopted in our final results of this 

review, we will instruct U.S. Customs 

and Border Protection (CBP) to collect 

cash deposits on all future entries of 

tissue paper produced and/or exported 

by MFVN. 

Interested parties are invited to 

comment on these preliminary results. 

We will issue the final results no later 

than 120 days from the date of 

publication of this notice. 

DATES: Effective Date: April 6, 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 March 30, 2005, the Department 

published in the Federal Register the 

antidumping duty order on certain 

tissue paper products from the PRC. See 

Notice of Amended Final Determination 

of Sales at Less than Fair Value and 

Antidumping Duty Order: Certain 

Tissue Paper Products From the 

People’s Republic of China, 70 FR 16223 

(March 30, 2005) (Tissue Paper Order). 

On March 1, 2010, the Department 

published a notice of opportunity to 

request an administrative review of the 

antidumping duty order on certain 

tissue paper products from the PRC. See 

Antidumping or Countervailing Duty 

Order, Finding, or Suspended 

Investigation; Opportunity To Request 

Administrative Review, 75 FR 9162 

(March 1, 2010). 

In response, the petitioner 1 timely 

requested an administrative review of 

the antidumping duty order on certain 

tissue paper products from the PRC with 

respect to entries of the subject 

merchandise during the POR from 

MFVN. Therefore, on April 21, 2010, the 

Department initiated an administrative 

review of MFVN.2 See Initiation of 

Antidumping and Countervailing Duty 

Administrative Reviews and Request for 

Revocation in Part, 75 FR 22107 (April 

27, 2010). MFVN is a company located 

in Vietnam which exports tissue paper 

to the U.S. market through its parent 

company based in Hong Kong—Max 

Fortune Industrial Limited (Max 

Fortune HK). MFVN is also a 

respondent in an on-going anticircumvention inquiry involving the 

subject merchandise from the PRC.3

In its June 28, 2010, response to the 

Department’s April 23, 2010, 

questionnaire in the anti-circumvention 

inquiry (June 28 Response), MFVN 

claimed that it had not exported tissue 

paper to the United States produced 

from jumbo rolls or cut sheets imported 

from the PRC since January 2008. MFVN 

also filed this questionnaire response on 

the record of this administrative review. 

Similarly, in its August 17, 2010, 

response to the Department’s May 7, 

2010, questionnaire in this review, 

MFVN claimed that it did not export 

subject merchandise from the PRC or 

Vietnam during the POR. 

The Department postponed the 

preliminary results in this review until 

March 31, 2011, in order to have 

sufficient time to conduct verification of 

MFVN’s ‘‘no-shipment’’ claim. See PRC. 

Tissue Paper Partial Rescission Notice. 

Pursuant to 19 CFR 351.221(b)(3) and 

351.225(f)(iii)(2), the Department 

conducted a verification of the ‘‘noshipment’’ claim MFVN made in this 

administrative review and in the anticircumvention inquiry, and met with 

Vietnamese Customs on this matter in 

December 2010. Both the verification 

report and meeting memorandum are on 

the record of this segment,4 and are 

available in the Central Records Unit 

(CRU) of the Department’s main 

building. 

Period of Review 

The period of review (POR) is March 

1, 2009, through February 28, 2010. 

Scope of the Order 

The tissue paper products covered by 

this order are cut-to-length sheets of 

tissue paper having a basis weight not 

exceeding 29 grams per square meter. 

Tissue paper products subject to this 

order may or may not be bleached, dyecolored, surface-colored, glazed, surface 

decorated or printed, sequined, 

crinkled, embossed, and/or die cut. The 

tissue paper subject to this order is in 

the form of cut-to-length sheets of tissue 

paper with a width equal to or greater 

than one-half (0.5) inch. Subject tissue 

paper may be flat or folded, and may be 

packaged by banding or wrapping with 

paper or film, by placing in plastic or 

film bags, and/or by placing in boxes for 

distribution and use by the ultimate 

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19050 Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices 

5On January 30, 2007, at the direction of CBP, the 

Department added the following HTSUS 

classifications to the AD/CVD module for tissue 

paper: 4802.54.3100, 4802.54.6100, and 

4823.90.6700. However, we note that the six-digit 

classifications for these numbers were already listed 

in the scope. 

consumer. Packages of tissue paper 

subject to this order may consist solely 

of tissue paper of one color and/or style, 

or may contain multiple colors and/or 

styles. 

The merchandise subject to this order 

does not have specific classification 

numbers assigned to them under the 

Harmonized Tariff Schedule of the 

United States (HTSUS). Subject 

merchandise may be under one or more 

of several different subheadings, 

including: 4802.30, 4802.54, 4802.61, 

4802.62, 4802.69, 4804.31.1000, 

4804.31.2000, 4804.31.4020, 

4804.31.4040, 4804.31.6000, 4804.39, 

4805.91.1090, 4805.91.5000, 

4805.91.7000, 4806.40, 4808.30, 

4808.90, 4811.90, 4823.90, 4802.50.00, 

4802.90.00, 4805.91.90, 9505.90.40. The 

tariff classifications are provided for 

convenience and customs purposes; 

however, the written description of the 

scope of this order is dispositive.5

Excluded from the scope of this order 

are the following tissue paper products: 

(1) Tissue paper products that are 

coated in wax, paraffin, or polymers, of 

a kind used in floral and food service 

applications; (2) tissue paper products 

that have been perforated, embossed, or 

die-cut to the shape of a toilet seat, i.e., 

disposable sanitary covers for toilet 

seats; (3) toilet or facial tissue stock, 

towel or napkin stock, paper of a kind 

used for household or sanitary 

purposes, cellulose wadding, and webs 

of cellulose fibers (HTSUS 

4803.00.20.00 and 4803.00.40.00). 

Separate Rates 

In every case conducted by the 

Department involving the PRC, the PRC 

has been treated as a non-market 

economy (NME) country. In accordance 

with section 771(18)(C)(i) of the Act, 

any determination that a foreign country 

is an NME country shall remain in effect 

until revoked by the administering 

authority. See, e.g., Brake Rotors From 

the People’s Republic of China: Final 

Results and Partial Rescission of the 

2004/2005 Administrative Review and 

Notice of Rescission of 2004/2005 New 

Shipper Review, 71 FR 66304 

(November 14, 2006). None of the 

parties to this proceeding have 

contested such treatment. 

In proceedings involving 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 unless an 

exporter can affirmatively demonstrate 

an absence of government control, both 

in law (de jure) and in fact (de facto), 

with respect to its export activities. See 

Final Determination of Sales at Less 

Than Fair Value: Sparklers from the 

People’s Republic of China, 56 FR 

20588, 20589 (May 6, 1991). MFVN is a 

company located in Vietnam and is a 

wholly-owned subsidiary of Max 

Fortune HK. Max Fortune HK is a 

wholly foreign-owned company 

registered and located in Hong Kong. 

See MFVN Verification Report at pages 

1 and 7, and Verification Exhibit 1A. 

Consequently, no additional separaterate analysis is necessary for MFVN. See 

Notice of Final Determination of Sales 

at Less than Fair Value: Bicycles From 

the People’s Republic of China, 61 FR 

19026 (April 30, 1996). Accordingly, we 

are treating MFVN as separate from the 

NME entity. 

Adverse Facts Available 

Section 776(a) of the Act, provides 

that, if (1) necessary information is not 

available on the record or (2) an 

interested party: (A) Withholds 

information that has been requested by 

the Department; (B) fails to provide such 

information in a timely manner or in the 

form or manner requested subject to 

sections 782(c)(1) and (e) of the Act; 

(C) significantly impedes a proceeding 

under the antidumping statute; or 

(D) provides such information but the 

information cannot be verified, the 

Department shall, subject to subsection 

782(d) of the Act, use facts otherwise 

available in reaching the applicable 

determination. 

Furthermore, section 776(b) of the Act 

states that if the Department ‘‘finds that 

an interested party has failed to 

cooperate by not acting to the best of its 

ability to comply with a request for 

information from the administering 

authority * * *, the administering 

authority * * *, in reaching the 

applicable determination under this 

title, may use an inference that is 

adverse to the interests of that party in 

selecting from among the facts 

otherwise available.’’ See also Statement 

of Administrative Action accompanying 

the Uruguay Round Agreements Act, H. 

Rep. No. 103–316 at 870 (1994) (SAA). 

It is the Department’s practice to make 

an adverse inference ‘‘to ensure that the 

party does not obtain a more favorable 

result by failing to cooperate than if it 

had cooperated fully.’’ Id. An adverse 

inference may include reliance on 

information derived from the petition, 

the final determination in the 

investigation, any previous review, or 

any other information placed on the 

record. See section 776(b) of the Act. 

As mentioned above, MFVN claimed 

in response to the Department’s 

questionnaire in this administrative 

review that during the POR it did not 

export to the United States tissue paper 

products produced using Chinese-origin 

jumbo rolls/sheets. In its June 28 

Response, MFVN also stated that 

although it was possible that it sold 

tissue paper produced from Chineseorigin jumbo rolls and/or cut sheets 

before and during 2007, it could 

conclusively demonstrate that as of 

January 1, 2008, it did not do so. See 

MFVN’s June 28 Response at pages 3 

and 12. In addition, MFVN stated that 

it could not provide any information 

with respect to the production of the 

merchandise exported from Vietnam 

during the period January 1, 2005, to 

December 31, 2007, but it could do so 

for the period beginning January 1, 

2008, through the POR. See June 28 

Response at pages 3 and 12. However, 

as explained further below, MFVN was 

unable to demonstrate through its 

accounting records at verification that 

all of the tissue paper it sold to the 

United States during the POR was 

produced using non-Chinese-origin 

jumbo rolls or cut sheets. See MFVN 

Verification Report at pages 35–38. 

According to MFVN’s accounting 

records, as of the beginning of the POR, 

MFVN had significant amounts of tissue 

paper in finished goods and work-inprogress (WIP) inventory and this entire 

inventory was produced and/or 

purchased during 2008 or earlier. See 

MFVN Verification Report at pages 36– 

38. MFVN was unable to provide 

accounting records for its production of 

tissue paper prior to January 1, 2009, 

and therefore was unable to show the 

source of the material it used in the 

production of tissue paper in inventory 

as of January 1, 2009. As the verification 

report shows, MFVN withdrew some of 

that inventory for sale during the POR. 

See MFVN Verification Report at pages 

35–36. 

As a result, for tissue paper exported 

by MFVN to the United States on or 

after January 1, 2009, which was 

withdrawn from, or produced from 

merchandise in, finished goods or WIP 

inventory as of January 1, 2009, the 

Department preliminarily finds that 

MFVN failed to demonstrate that it did 

not use Chinese-origin jumbo rolls and/ 

or cut sheets in the production of such 

merchandise. As discussed further 

below, based on AFA, the Department 

preliminarily finds that such tissue 

paper exported to the United States was 

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Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices 19051 

6See Memorandum to the File dated March 31, 

2011 which contains the following document, 

‘‘Decree No. 129/2004/ND–CP of May 31, 2004 

Detailing and Guiding the Implementation of a 

Number of Articles of the Accounting Law, 

Applicable to Business Activities,’’ issued by the 

Government of the Socialist Republic of Vietnam on 

May 31, 2004. 

7See, e.g., Fresh Garlic from the People’s 

Republic of China: Preliminary Results and Partial 

Rescission of Antidumping Duty Administrative 

Review and Preliminary Results of New Shipper 

Reviews, 70 FR 69942, 69946 (November 18, 2005); 

and Fresh Garlic from the People’s Republic of 

China: Final Results and Partial Rescission of 

Antidumping Duty Administrative Review and 

Final Results of New Shipper Reviews, 71 FR 26329, 

26330 (May 4, 2006). 

produced from Chinese-origin jumbo 

rolls and/or cut sheets. 

Normally, in administrative reviews 

involving situations where subject 

merchandise is further processed in a 

third country prior to importation into 

the United States, the Department 

conducts a substantial transformation 

analysis to determine the proper 

country of origin for antidumping/ 

countervailing-duty (AD/CVD) 

purposes, either in the context of a 

scope proceeding or an administrative 

review. See Stainless Steel Plate in Coils 

from Belgium: Final Results of 

Antidumping Duty Administrative 

Review, 69 FR 74495 (December 14, 

2004). However, because MFVN 

consistently claimed that no Chineseorigin jumbo rolls/sheets were used in 

the production of the tissue paper 

products it exported to the United States 

during the POR, in this instance, the 

Department was precluded from 

collecting and analyzing the information 

necessary to conduct a substantial 

transformation analysis to determine the 

proper country of origin for AD/CVD 

purposes. Therefore, because MFVN did 

not provide the Department with 

necessary information with respect to 

the production of its tissue paper in 

inventory as of January 1, 2009, the 

Department’s ability to conduct the 

administrative review of MFVN was 

impeded, and the application of facts 

available pursuant to sections 776(a)(1) 

and 776(a)(2) of the Act is warranted 

with respect to exports of tissue paper 

from MFVN to the United States during 

the POR. 

Because MFVN did not provide 

verifiable information demonstrating 

that all of its tissue paper sales to the 

United States during the POR were 

made from non-Chinese-origin jumbo 

rolls and/or cut sheets, as claimed, the 

Department also concludes that MFVN 

did not act to the best of its ability in 

this review. MFVN’s inability to provide 

its production accounting records for 

the Department’s review at verification 

is unreasonable, as a company is 

expected to maintain such records in 

the normal course of business. For 

companies doing business in Vietnam, 

the Vietnamese Government has issued 

regulations which require companies 

like MFVN to retain such records for up 

to ten years.6 For example, Article 31 of 

a regulation issued by the Vietnamese 

government on May 31, 2004, states that 

companies doing business in Vietnam 

must retain their accounting records for 

at least ten years. See Id. This is 

especially true in this case where MFVN 

demonstrated at verification that it 

maintained such records for both 2009 

and 2010. See MFVN Verification 

Report at pages 21, 27–28, and 36–37. 

MFVN claimed it made no shipments of 

Chinese-origin tissue paper during the 

POR, but then failed to provide the 

necessary documentation at verification, 

as requested, to substantiate this claim. 

Therefore, pursuant to section 776(b) of 

the Act, an adverse inference is 

warranted because MFVN failed to 

provide information the Department 

needed to make its determination. 

Accordingly, as AFA, the Department 

determines that during the POR MFVN 

exported to the United States tissue 

paper products produced from Chineseorigin jumbo rolls/sheets. Further, as 

AFA, the Department determines that 

tissue paper products produced in 

Vietnam by MFVN from Chinese-origin 

jumbo rolls/sheets are not substantially 

transformed as a result of further 

processing in Vietnam, and thus, the 

proper country of origin of such goods 

for AD purposes is China. 

Because the Department preliminarily 

finds that tissue paper products 

produced by MFVN from Chinese-origin 

jumbo rolls/sheets are not substantially 

transformed as a result of further 

processing in Vietnam and thus 

constitute subject merchandise, we must 

assign a rate to MFVN for cash deposit 

purposes with respect to future entries. 

As discussed, below, the Department is 

preliminarily assigning a rate of 112.64 

percent to MFVN. 

Selection of Adverse Facts Available 

Rate 

Section 776(b) of the Act authorizes 

the Department to use as AFA, 

information derived from the petition, 

the final determination in the less-thanfair-value (LTFV) investigation, any 

previous administrative review, or any 

information placed on the record. In 

selecting an AFA rate in reviews, the 

Department’s practice has been to assign 

the highest margin on the record of any 

segment of the proceeding. See, e.g., 

Freshwater Crawfish Tail Meat from the 

People’s Republic of China: Notice of 

Final Results of Antidumping Duty 

Administrative Review, 68 FR 19504 

(April 21, 2003). The Court of 

International Trade (CIT) and the 

Federal Circuit have consistently 

upheld the Department’s practice in this 

regard. See Rhone Poulenc, Inc. v. 

United States, 899 F.2d 1185, 1190 (Fed. 

Cir. 1990) (Rhone Poulenc); NSK Ltd. v. 

United States, 346 F. Supp. 2d 1312, 

1335 (CIT 2004) (upholding a 73.55 

percent total AFA rate, the highest 

available dumping margin from a 

different respondent in a LTFV 

investigation); see also Kompass Food 

Trading Int’l v. United States, 24 CIT 

678, 689 (July 31, 2000) (upholding a 

51.16 percent total AFA rate, the highest 

available dumping margin from a 

different, fully cooperative respondent); 

and Shanghai Taoen International 

Trading Co., Ltd. v. United States, 360 

F. Supp 2d 1339, 1348 (CIT 2005) 

(upholding a 223.01 percent total AFA 

rate, the highest available dumping 

margin from a different respondent in a 

previous administrative review). 

The Department’s practice when 

selecting an adverse rate from among 

the possible sources of information is to 

ensure that the margin is sufficiently 

adverse ‘‘as to effectuate the purpose of 

the facts available rule to induce 

respondents to provide the Department 

with complete and accurate information 

in a timely manner.’’ See Static Random 

Access Memory Semiconductors from 

Taiwan; Final Determination of Sales at 

Less than Fair Value, 63 FR 8909, 8932 

(February 23, 1998). As discussed 

above, the Department’s practice also 

ensures ‘‘that the party does not obtain 

a more favorable result by failing to 

cooperate than if it had cooperated 

fully.’’ See SAA at 870; see also Final 

Determination of Sales at Less than Fair 

Value: Certain Frozen and Canned 

Warmwater Shrimp from Brazil, 69 FR 

76910 (December 23, 2004), and 

accompanying Issues and Decision 

Memorandum at Comment 22. 

Consistent with the statute, court 

precedent, and numerous other cases,7

as AFA, we are assigning to exports of 

tissue paper from MFVN, as described 

in the ‘‘Cash Deposit Requirements’’ 

section below, the highest rate on the 

record of any segment of this 

proceeding, i.e., 112.64 percent. As 

discussed further below, this rate has 

been corroborated. 

Corroboration of Adverse Fact 

Available Rate 

Section 776(c) of the Act provides that 

when the Department selects from 

among the facts otherwise available and 

relies on ‘‘secondary information,’’ the 

Department shall, to the extent 

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19052 Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices 

practicable, corroborate that information 

from independent sources reasonably at 

the Department’s disposal. The SAA 

states that ‘‘corroborate’’ means to 

determine that the information used has 

probative value. See SAA at 870. The 

Department has determined that to have 

probative value, information must be 

reliable and relevant. See Certain Tissue 

Paper Products from the People’s 

Republic of China: Final Results and 

Final Rescission, In Part, of 

Antidumping Duty Administrative 

Review, 72 FR 58642 (October 16, 2007), 

and accompanying Issues and Decision 

Memorandum at Comment 6. 

To be considered corroborated, 

information must be found to be both 

reliable and relevant. The AFA rate of 

112.64 percent that we are applying in 

the current review represents the 

highest rate from the petition in the 

LTFV investigation segment of this 

proceeding. See Tissue Paper Order. 

The Department corroborated the 

information used to calculate the 112.64 

percent rate in the LTFV investigation. 

See Notice of Final Determination of 

Sales at Less Than Fair Value: Certain 

Tissue Paper Products from the People’s 

Republic of China, 70 FR 7475 

(February 14, 2005). Furthermore, this 

rate was applied in several 

administrative reviews subsequent to 

the LTFV investigation, and no 

information has been presented in this 

segment of the proceeding that calls into 

question the reliability of this 

information. See Certain Tissue Paper 

from the People’s Republic of China: 

Preliminary Results and Preliminary 

Rescission of the 2007–2008 

Administrative Review and Intent Not to 

Revoke Order in Part, 74 FR 15449 

(April 6, 2009) (unchanged in Certain 

Tissue Paper Products from the People’s 

Republic of China: Final Results and 

Partial Rescission of the 2007–2008 

Antidumping Duty Administrative 

Review and Determination Not to 

Revoke in Part, 74 FR 52176, 52177 

(October 9, 2009); and Certain Tissue 

Paper from the People’s Republic of 

China: Preliminary Results of the 2008– 

2009 Administrative Review, 75 FR 

18812 (April 13, 2010) (unchanged in 

Certain Tissue Paper Products from the 

People’s Republic of China: Final 

Results of the 2008–2009 Antidumping 

Duty Administrative Review, 75 FR 

63806, 63807 (October 18, 2010). Thus, 

the Department finds that the 

information is reliable. 

With respect to the relevance aspect 

of corroboration, the Department will 

consider information reasonably at its 

disposal to determine whether a margin 

continues to have relevance. Where 

circumstances indicate that the selected 

margin is not appropriate as AFA, the 

Department will disregard the margin 

and determine an appropriate margin. 

See Fresh Cut Flowers from Mexico: 

Final Results of Antidumping Duty 

Administrative Review, 61 FR 6812, 

6814 (February 22, 1996) (where the 

Department disregarded the highest 

margin in that case as adverse best 

information available (the predecessor 

to facts available) because the margin 

was based on another company’s 

uncharacteristic business expense, 

resulting in an unusually high margin). 

Similarly, the Department does not 

apply a margin that has been 

discredited. See D & L Supply Co. v. 

United States, 113 F.3d 1220, 1221 (Fed. 

Cir. 1997) (finding that the Department 

cannot use a margin that has been 

judicially invalidated in its 

calculations). The AFA rate we are 

applying for the instant review was 

calculated based on export price 

information and production data from 

the petition, as well as the most 

appropriate surrogate value information 

available to the Department during the 

LTFV investigation. As there is no 

information on the record of this review 

that demonstrates this rate is not 

appropriate for use as AFA, we 

determine this rate has relevance. 

Because the AFA rate, 112.64 percent, 

is both reliable and relevant, we 

determine that it has probative value. As 

a result, we determine that the 112.64 

percent rate is corroborated to the extent 

practicable for the purposes of this 

administrative review, in accordance 

with section 776(c) of the Act, and may 

reasonably be applied as AFA to exports 

of tissue paper from MFVN for cash 

deposit purposes. 

Preliminary Results of Review 

As a result of our review, we 

preliminarily determine that exports of 

tissue paper from Vietnam produced by 

MFVN using Chinese-origin jumbo rolls 

and/or cut sheets constitute subject 

merchandise, and therefore the 

following cash deposit rate applies to 

MFVN: 

CERTAIN TISSUE PAPER PRODUCTS

FROM THE PRC 

Producer/exporter Margin 

(percent) 

Max Fortune (Vietnam) 

Paper Products Company 

Limited (MFVN) ................. 112.64 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication of the notice of final results 

of the administrative review for all 

shipments of certain tissue paper 

products from the PRC entered, or 

withdrawn from warehouse, for 

consumption on or after the date of 

publication, as provided by section 

751(a)(2)(C) of the Act: (1) A cash 

deposit rate of 112.64 percent will be 

required for tissue paper produced and/ 

or exported by MFVN; (2) for previously 

reviewed or investigated companies not 

listed above that have separate rates, the 

cash deposit rate will continue to be the 

company-specific rate published for the 

most recent period; (3) for all other PRC 

exporters of subject merchandise, which 

have not been found to be entitled to a 

separate rate, the cash deposit rate will 

be PRC-wide rate of 112.64 percent; and 

(4) for all non-PRC exporters of subject 

merchandise, the cash deposit rate will 

be the rate applicable to the PRC 

exporter that supplied that non-PRC 

exporter. These deposit requirements, 

when imposed, shall remain in effect 

until further notice. 

This administrative review and notice 

are in accordance with sections 

751(a)(1) and 777(i) of the Act and 19 

CFR 351.221(b)(4). 

Dated: March 31, 2011. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2011–8217 Filed 4–5–11; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XA340 

Endangered Species; File No. 14344 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Issuance of permit. 

SUMMARY: Notice is hereby given that 

The University of California, Davis, 

Bodega Marine Laboratory, 2099 

Westside Road, Bodega Bay, CA 94923 

[Gary Cherr, Ph.D., Principal 

Investigator] has been issued a permit to 

take white abalone (Haliotis sorenseni) 

for purposes of scientific research and 

enhancement. 

ADDRESSES: The permit and related 

documents are available for review 

upon written request or by appointment 

in the following offices: 

Permits, Conservation and Education 

Division, Office of Protected 

Resources, NMFS, 1315 East-West 

mstockstill on DSKH9S0YB1PROD with NOTICES