[Federal Register Volume 75, Number 228 (Monday, November 29, 2010)]
[Notices]
[Pages 73040-73041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29969]


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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 Partial Rescission and Extension of Time Limit for 
Preliminary Results of 2009-2010 Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (the Department) is rescinding 
in part 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 Industrial Limited (Max Fortune 
Industrial), Max Fortune (FZ) Paper Products Co., Ltd. (formerly known 
as Max Fortune (FETDE) Paper Products Co., Ltd.) (Max Fortune Fuzhou), 
and Fujian Provincial Shaowu City Huaguang Special Craft Co., Ltd. 
(Huaguang Special Craft). This partial rescission is based on the 
timely withdrawal of the requests for review by the only interested 
parties that requested the review of these companies. The Department is 
also fully extending the time limit for completion of the preliminary 
results of this administrative review with respect to Max Fortune 
(Vietnam) Paper Products Company Limited (Max Fortune Vietnam) to no 
later than March 31, 2011.

DATES: Effective Date:
    November 29, 2010.

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 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, on March 31, 2010, the petitioner \1\ timely 
requested an administrative review of the antidumping duty order on 
certain tissue paper products from the PRC for entries of the subject 
merchandise during the POR, from Max Fortune Industrial, Max Fortune 
Fuzhou, and Max Fortune Vietnam (i.e., exporters of the subject 
merchandise). Similarly, in a letter dated March 31, 2010, Huaguang 
Special Craft (i.e., an exporter of the subject merchandise) submitted 
a timely request for an administrative review of its entries of the 
subject merchandise during the POR. Therefore, on April 19, 2010, the 
Department initiated a review of Max Fortune Industrial, Max Fortune 
Fuzhou, Max Fortune Vietnam, and Huaguang Special Craft. See Initiation 
of Antidumping and Countervailing Duty Administrative Reviews and 
Request for Revocation in Part, 75 FR 22107 (April 27, 2010).
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    \1\ The petitioner is Seaman Paper Company of Massachusetts, 
Inc.
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    In a letter dated July 6, 2010, Huaguang Special Craft informed the 
Department that it had withdrawn from this review and would no longer 
be participating in this segment of the proceeding. In a letter dated 
July 26, 2010, the petitioner withdrew its request for review of Max 
Fortune Industrial and Max Fortune Fuzhou, and requested that the 
Department rescind the review with respect to these companies. No other 
parties requested a review of Max Fortune Industrial, Max Fortune 
Fuzhou, or Huaguang Special Craft. The request for review of Max 
Fortune Vietnam was not withdrawn, and therefore, this administrative 
review will continue with respect to that company to examine its claim 
that it did not use PRC jumbo rolls or sheets of tissue paper in its 
shipments of tissue paper to the United States during the period of 
review. Max Fortune Vietnam is also a respondent in an ongoing 
anticircumvention inquiry and the Department intends to conduct 
verification of the above-mentioned claim in the context of that 
segment (see discussion below).
    On March 29, 2010, the Department also initiated a circumvention 
inquiry on certain imports of tissue paper from

[[Page 73041]]

Vietnam. See Certain Tissue Paper Products from the People's Republic 
of China: Initiation of Anti-circumvention Inquiry, 75 FR 17127 (April 
5, 2010) (Initiation). In the Initiation notice, the Department stated 
that it would focus its analysis on the significance of the production 
process in Vietnam by Max Fortune Vietnam, the company the petitioner 
identified in its circumvention request (which is the same company on 
which the Department initiated an administrative review). In its June 
28, 2010, response to the Department's April 23, 2010, questionnaire in 
the anticircumvention inquiry, Max Fortune Vietnam claimed that it did 
not export tissue paper to the United States produced from jumbo rolls 
imported from the PRC since January 2008. Likewise, in its August 17, 
2010, response to the Department's May 7, 2010, questionnaire, in this 
review, Max Fortune Vietnam claimed that it did not export subject 
merchandise from the PRC or Vietnam.

Rescission, in Part, of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review, in whole or in part, if the party who requested 
the review withdraws the request within 90 days of the date of 
publication of the notice of initiation of the requested review. 
Accordingly, the petitioner timely withdrew its request for review of 
Max Fortune Industrial and Max Fortune Fuzhou. In addition, Huaguang 
Special Craft withdrew its own request for review within the 90-day 
period. Because no other party requested a review of these companies' 
entries, we are rescinding this administrative review with respect to 
these companies in accordance with 19 CFR 351.213(d)(1).

Extension of Time Limits for Preliminary Results

    Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the 
Act), requires the Department to issue the preliminary results of an 
administrative review within 245 days after the last day of the 
anniversary month of the date of publication of an order for which a 
review is requested. If it is not practicable to complete the review 
within this time period, section 751(a)(3)(A) of the Act allows the 
Department to extend this deadline to a maximum of 365 days.
    As noted above, Max Fortune Vietnam claimed that it made no 
shipments from Vietnam of tissue paper made from PRC-origin jumbo rolls 
or sheets to the U.S. market during the POR. Data on the record does 
indicate, however, that Max Fortune Vietnam has exported tissue paper 
from Vietnam to the U.S. market during the period overlapping the 
administrative review POR. In response to the Department's 
questionnaire in the anticircumvention inquiry, Max Fortune Vietnam 
claimed that it has not exported to the United States tissue paper 
produced from jumbo rolls imported from the PRC since January 2008. 
Depending on the Department's finding in the anticircumvention segment, 
Max Fortune Vietnam may or may not continue to be a respondent in the 
administrative review. Because the Department intends to conduct 
verification of Max Fortune Vietnam's claims in the circumvention 
segment, the results of that verification will directly impact the 
administrative review segment of this proceeding. The Department, 
therefore, requires additional time in this review to make a 
preliminary finding on Max Fortune Vietnam's ``no shipment'' claim. For 
this reason, it is not practicable to complete this review within the 
original time limit. Thus, the Department is fully extending the time 
limit for completion of the preliminary results by 120 days to 365 
days, in accordance with section 751(a)(3)(A) of the Act. The 
preliminary results are now due no later than March 31, 2011. The final 
results continue to be due 120 days after publication of the 
preliminary results.

Assessment

    For the companies for which the Department is rescinding this 
review, the Department will instruct U.S. Customs and Border Protection 
(CBP) to assess antidumping duties on all appropriate entries. 
Therefore, for Max Fortune Industrial, Max Fortune Fuzhou, and Huaguang 
Special Craft, antidumping duties shall be assessed, if applicable, 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 publication of this notice.

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 sections 751(a)(3)(A) 
and 777(i) of the Act, and 19 CFR 351.213(d)(4) and 351.213(h)(2).

    Dated: November 19, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2010-29969 Filed 11-26-10; 8:45 am]
BILLING CODE 3510-DS-P