Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Notices 25401 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Initiation of Antidumping and 

Countervailing Duty Administrative 

Reviews and Request 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 March anniversary dates. In 

accordance with the Department’s 

regulations, we are initiating those 

administrative reviews. 

DATES: Effective Date: April 30, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Brenda E. 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 March 

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 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 

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 

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25402 Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Notices 

1Such 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. 

2Only 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. 

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 NMEowned 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 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 March 31, 2013. 

Period 

to be reviewed 

Antidumping Duty Proceedings 

Brazil: 

Orange Juice, A–351–840 ...................................................................................................................................................... 3/1/11–3/8/11 

Citrovita Agro Industrial Ltd. 

Coinbra-Frutesp S.A.3

Fischer S.A Comercio, Industria, and Agricultura 

Montecitrus Trading S.A. 

Sucocitrico Cutrale Ltda. 

France: 

Brass Sheet and Strip, A–427–602 ........................................................................................................................................ 3/1/11–2/29/11 

Griset SA 

KME France 

Germany: 

Brass Sheet and Strip, A–428–602 ........................................................................................................................................ 3/1/11–2/29/12 

Aurubis Stolberg GmbH & Co. KG 

Carl Schreiber GmbH 

KME Germany AG & Co. KG 

Messingwerk Plettenberg Herfeld GmbH & Co. KG 

MKM Mansfelder Kupfer & Messing GmbH 

Schlenk Metallfolien GmbH & Co. KG 

Schwermetall Halbzeugwerk GmbH & Co. KG 

Sundwiger Messingwerke GmbH & Co. KG 

ThyssenKrupp VDM GmbH 

Wieland-Werke AG 

Italy: 

Brass Sheet and Strip, A–475–601 ........................................................................................................................................ 3/1/11–2/29/12 

KME Italy SpA 

Republic of Korea: 

Certain Cut-to-Length Carbon-Quality Steel Plate,4 A–580–836 ........................................................................................... 2/1/11–1/31/12 

Daewoo International Corp. 

Taiwan: 

Polyvinyl Alcohol, A–583–841 ................................................................................................................................................ 3/1/11–2/29/12 

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Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Notices 25403 

3The Department has preliminarily determined 

that Louis Dreyfus Commodities Agroindustrial 

S.A. is the successor-in-interest to Coinbra-Frutesp 

S.A. See Certain Orange Juice from Brazil: 

Preliminary Results of Antidumping Duty 

Administrative Review and Preliminary No 

Shipment Determination, 77 FR 21724, 21726 

(April 11, 2012). 

4The company name listed below was misspelled 

in the initiation notice that published on March 30, 

2012 (77 FR 19179). The correct spelling of the 

company is listed in this notice. 

Continued 

Period 

to be reviewed 

Chang Chun Petrochemical Co., Ltd. 

Thailand: 

Certain Welded Carbon Steel Pipe and Tubes, A–549–502 ................................................................................................. 3/1/11–2/29/12 

Pacific Pipe Public Company Limited 

Saha Thai Steel Pipe (Public) Company, Ltd. 

The People’s Republic of China: 

Certain Frozen Warmwater Shrimp,5 A–570–893 ................................................................................................................. 2/1/11–1/31/12 

Glycine,6 A–570–836 .............................................................................................................................................................. 3/1/11–2/29/12 

A&A Pharmachem Inc. 

Advance Exports 

AICO Laboratories India Ltd. 

Avid Organics Pvt. Ltd. 

Baoding Mantong Fine Chemistry Co., Ltd. 

Chiyuen International Trading Ltd. 

E–Heng Import and Export Co., Ltd. 

General Ingredient Inc. 

Hebei Donghua Chemical General Corporation 

Hebei Donghua Jiheng Fine Chemical Co., Ltd. 

Jiangsu Dongchang Chemical 

Jizhou City Huayang Chemical Co., Ltd. 

Kissner Milling Co. Ltd. 

Nantong Dongchang Chemical Industrial Co. Ltd. 

Ningbo Create-Bio Engineering Co. Ltd. 

Nutracare International 

Paras Intermediates Pvt. Ltd. 

Qingdao Samin Chemical Co., Ltd. 

Ravi Industries 

Salvi Chemical Industries 

Shanghai Waseta International Trading 

Showa Denko K.K. 

Tianjin Tiancheng Pharmaceutical Company 

Wisent Pharma Inc. 

XPAC Technologies Inc. 

Yuki Gosei Kogyo Co., Ltd. 

Sodium Hexametaphosphate,7 A–570–908 ........................................................................................................................... 3/1/11–2/29/12 

Aditya Birla Chemicals (Thailand) Ltd. 

Anhui Technology Import & Export Co., Ltd. 

Anshan Career Economic Trade Co., Ltd. 

Blue Science Limited 

Boon Stream Chemical International Trade 

Chengdu Boon Stream Chemical Industry Co., Ltd. 

Dezhou Hualude Hardware Products Co. Ltd. 

Gatehouse International Freight Ltd. 

Henan Sinchems Imp and Exp Co., Ltd. 

Hubei Xingfa Chemical Group Co., Ltd. 

Hubei Xingfa Chemical Export Import Co. Ltd. 

Rushan Wooyoung Trading Co., Ltd. 

Sichuan Mianzhu Norwest Phosphate Co. 

Unison Chemical Industrial Co, Ltd. 

Zhejiang Chun-an Foreign Trade Co. 

Socialist Republic of Vietnam: 

Frozen Warmwater Shrimp,8 A–552–802 .............................................................................................................................. 2/1/11–1/31/12 

Countervailing Duty Proceedings 

The People’s Repubic of China: 

Drill Pipe, C–570–966 ............................................................................................................................................................ 3/3/11–12/31/11 

Shanxi Yida Special Steel Imp. & Exp. Co., Ltd. 

Turkey: 

Welded Carbon Steel Pipe and Tube, C–489–502 ............................................................................................................... 1/1/11–12/31/11 

Borusan Group 

Borusan Mannesmann Boru Sanayi ve Ticaret A.S. 

Borusan Istikbal Ticaret T.A.S. 

ERBOSAN Erciyas Boru Sanayi ve Ticaret A.S. 

Tosyali dis Ticaret A.S. 

Toscelik Profil ve Sac Endustisi A.S. 

Suspension Agreements 

None. 

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25404 Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Notices 

5 In the initiation notice that published on March 

30, 2012 (77 FR 19179), covering cases with the 

February anniversary dates, the Department 

inadvertently stated that it had received a timely 

request to revoke in part the antidumping duty 

order on Certain Frozen Warmwater Shrimp from 

the PRC with respect to one exporter, however, the 

Department actually received timely requests with 

respect to two exporters. 

6 If one of the above-named companies does not 

qualify for a separate rate, all other exporters of 

Glycine 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 the above-named company does not qualify 

for a separate rate, all other exporters of Sodium 

Hexametaphosphate 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. 

8 In the initiation notice that published on March 

30, 2012 (77 FR 19179), covering cases with 

February anniversary dates, the Department 

inadvertently did not note that it had received 

timely requests to revoke in part the antidumping 

duty order on Certain Frozen Warmwater Shrimp 

from Vietnam with respect to two exporters. 

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 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: April 20, 2012. 

Christian Marsh, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2012–10238 Filed 4–27–12; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–533–820] 

Certain Hot-Rolled Carbon Steel Flat 

Products From India: Rescission of 

Antidumping Duty Administrative 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: April 30, 2012. 

FOR FURTHER INFORMATION CONTACT: 

George McMahon or James Terpstra, 

AD/CVD Operations Office 3, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW., Washington, DC 20230; 

telephone: (202) 482–1167 and (202) 

482–3965, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 1, 2011, the Department 

published in the Federal Register a 

notice announcing the opportunity to 

request an administrative review of the 

antidumping duty order on certain hotrolled carbon steel flat products from 

India for the period December 1, 2010, 

through November 30, 2011. See 

Antidumping or Countervailing Duty 

Order, Finding, or Suspended 

Investigation; Opportunity To Request 

Administrative Review, 76 FR 74773, 

74774 (December 1, 2011). 

On December 30, 2011, and January 3, 

2012, Nucor Corporation and U.S. Steel 

Corporation (collectively, ‘‘Petitioners’’) 

timely requested that the Department 

conduct an administrative review of 

Essar Steel Limited (‘‘Essar’’), Ispat 

Industries Limited (‘‘Ispat’’), JSW Steel 

Limited (‘‘JSW’’), and Tata Steel Limited 

(‘‘Tata’’). Pursuant to these requests and 

in accordance with 19 CFR 

351.221(c)(1)(i), the Department 

published a notice initiating the 

administrative review of Essar, Ispat, 

JSW, and Tata. See Initiation of 

Antidumping and Countervailing Duty 

Administrative Reviews and Requests 

for Revocation in Part, 77 FR 4759 

(January 31, 2012). 

On January 31, 2012, the Department 

placed on the record and invited 

interested parties to comment on U.S. 

Customs and Border Protection (‘‘CBP’’) 

data, which the Department stated it 

would use for respondent selection in 

the instant review. See Memorandum to 

the File from George McMahon, Senior 

International Trade Analyst, through 

Melissa Skinner, Office Director, 

concerning ‘‘Certain Hot Rolled Carbon 

Steel Flat Products from India: Customs 

and Border Protection Data for Selection 

of Respondents for Individual Review,’’ 

dated January 31, 2012. We received no 

comments from interested parties on the 

CBP data. 

On February 1, 7, 14, and 15, 2012, 

JSW, Tata, Essar, and Ispat, respectively, 

submitted letters informing the 

Department that they did not make 

shipments of subject merchandise to the 

United States during the period of 

review. 

On March 7, 2012 and March 29, 

2012, respectively, Nucor Corporation 

and U.S. Steel Corporation timely 

withdrew their respective requests for 

review of Essar, Ispat, JSW, and Tata. 

Rescission of Review 

Pursuant to 19 CFR 351.213(d)(1), the 

Secretary will rescind an administrative 

review, in whole or in part, if the parties 

that requested a review withdraw the 

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