[Federal Register Volume 74, Number 144 (Wednesday, July 29, 2009)]
[Notices]
[Pages 37690-37693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18093]


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DEPARTMENT OF COMMERCE

International Trade Administration


Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Deferral of Administrative Review

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 June anniversary dates. In 
accordance with the Department's regulations, we are initiating those 
administrative reviews. The Department also received a request to defer 
the initiation of an administrative review for one antidumping duty 
order.

EFFECTIVE DATE: July 29, 2009.

FOR FURTHER INFORMATION CONTACT: Sheila E. Forbes, 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-
4697.

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 June anniversary dates. 
Please note that in the initiation notice that published on June 24, 
2009 (74 FR 30052) the Department listed incorrect case numbers for the 
antidumping duty orders on Ball Bearings and Parts Thereof from France, 
Germany, Italy, Japan and the United Kingdom. The correct case numbers 
for these cases are as follows: France (A-427-801), Germany (A-428-
801), Italy (A-475-801), Japan (A-588-804), and the United Kingdom (A-
412-801).

Notice of No Sales

    Under 19 CFR 351.213(d)(3), the Department may rescind a review 
where there are no exports, sales, or entries of subject merchandise 
during the respective period of review (``POR'') listed below. If a 
producer or exporter named in this initiation notice had no exports, 
sales, or entries during the POR, it should notify the Department 
within 30 days of publication of this notice in the Federal Register. 
The Department will consider rescinding the review only if the producer 
or exporter, as appropriate, submits a properly filed and timely 
statement certifying that it had no exports, sales, or entries of 
subject merchandise during the POR. All submissions must be made in 
accordance with 19 CFR 351.303 and are subject to verification in 
accordance with section 782(i) of the Tariff Act of 1930, as amended 
(``the Act''). Six copies of the submission should be submitted to the 
Assistant Secretary for Import Administration, International Trade 
Administration, Room 1870, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230. Further, in accordance 
with 19 CFR 351.303(f)(1)(i), a copy of each request must be served on 
every party on the Department's service list.

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 five days of 
publication of this initiation notice and to make our decision 
regarding respondent selection within 20 days of publication of this 
Federal Register notice. The Department invites comments regarding the 
CBP data and respondent selection within 10 calendar days of 
publication of this Federal Register notice.

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

[[Page 37691]]

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 website at http://www.trade.gov/ia on the 
date of publication of this Federal Register. 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 30 calendar days 
of 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 Application will be available on the 
Department's website at http://ia.ita.doc.gov/nme/nme-sep-rate.html 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 proceedings (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 Application.
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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 section 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 June 30, 2010. Also in 
accordance with 19 CFR 351.213(c), we deferring for one year the 
initation of the May 1, 2008 through April 30, 2009 administrative 
review of the antidumping duty order on Ball Bearings and Parts Thereof 
from Germany with respect to one exporter.

------------------------------------------------------------------------
       Antidumping Duty Proceedings             Period to be Reviewed
------------------------------------------------------------------------
JAPAN: Ball Bearings and Parts Thereof....
A-588-804.................................              5/1/08 - 4/30/09
        International Aero Engines AG
         (IAE)\3\.........................
JAPAN: Certain Large Diameter Carbon and
 Alloy Seamless, Standard, Line, and
 Pressure Pipe............................
A-588-850.................................              6/1/08 - 5/31/09
        JFE Steel Corporation.............
        Nippon Steel Corporation..........
        NKK Tubes.........................
        Sumitomo Metal Industries, Ltd....
JAPAN: Hot-Rolled Carbon Steel Flat
 Products.................................
A-588-846.................................              6/1/08 - 5/31/09
        Nippon Steel Corporation..........
SPAIN: Chlorinated Isocyanurates..........
A-469-814.................................              6/1/08 - 5/31/09
        Aragonesas Industrias y Energia
         S.A..............................
SOUTH KOREA: Polyethylene Terephthalate
 Film, Sheet, and Strip...................
A-580-807.................................              6/1/08 - 5/31/09
        Kolon Industries, Inc.............
TAIWAN: Certain Stainless Steel Butt-Weld
 Pipe Fittings............................
A-583-816.................................              6/1/08 - 5/31/09
        Ta Chen Stainless Pipe Co., Ltd...
THE PEOPLE'S REPUBLIC OF CHINA: Certain
 Polyester Staple Fiber\4\................
A-570-905.................................              6/1/08 - 5/31/09
        Far Eastern Industries, Ltd.
         (Shanghai) and Far Eastern
         Polychem Industries..............
        Ningbo Dafa Chemical Fiber Co.,
         Ltd..............................
        Cixi Sansheng Chemical Fiber Co.,
         Ltd..............................
        Cixi Santai Chemical Fiber Co.,
         Ltd..............................
        Cixi Waysun Chemical Fiber Co.,
         Ltd..............................
        Hangzhou Best Chemical Fiber Co.,
         Ltd..............................
        Hangzhou Hanbang Chemical Fibre
         Co., Ltd.........................

[[Page 37692]]

 
        Hangzhou Huachuang Co., Ltd.......
        Hangzhou Sanxin Paper Co., Ltd....
        Hangzhou Taifu Textile Fiber Co.,
         Ltd..............................
        Jiaxing Fuda Chemical Fibre
         Factory..........................
        Nantong Luolai Chemical Fiber Co.,
         Ltd..............................
        Nan Yang Textiles Co., Ltd........
        Suzhou PolyFiber Co., Ltd.........
        Xiamen Xianglu Chemical Fiber Co..
        Zhaoqing Tifo New Fiber Co., Ltd..
        Zhejiang Anshun Pettechs Fibre
         Co., Ltd.........................
        Zhejiang Waysun Chemical Fiber
         Co., Ltd.........................
        Dragon Max Trading Development....
        Xiake Color Spinning Co., Ltd.....
        Jiangyin Hailun Chemical Fiber
         Co., Ltd.........................
        Hyosung Singapore PTE Ltd.........
        Jiangyin Changlong Chemical Fiber
         Co., Ltd.........................
        Ma Ha Company, Ltd................
        Jiangyin Huahong Chemical Fiber
         Co., Ltd.........................
        Jiangyin Mighty Chemical Fiber
         Co., Ltd.........................
        Huvis Sichuan.....................
THE PEOPLE'S REPUBLIC OF CHINA:
 Chlorinated Isocyanurates\5\.............
A-570-898.................................              6/1/08 - 5/31/09
        Hebei Jiheng Chemical Company,
         Ltd..............................
        Zhucheng Taisheng Chemical Co.,
         Ltd..............................
THE PEOPLE'S REPUBLIC OF CHINA: Folding
 Metal Tables and Chairs\6\...............
A-570-868.................................              6/1/08 - 5/31/09
        New-Tec Integration Co., Ltd......
        New-Tec Integration (Xiamen) Co.,
         Ltd..............................
        Feili Furniture Development Ltd.                6/1/07 - 5/31/08
         Quanzhou City\7\.................
        Feili Furniture Development Co.,                6/1/08 - 5/31/09
         Ltd..............................
        Feili Group (Fujian) Co., Ltd.....
        Feili (Fujian) Co., Ltd...........
THE PEOPLE'S REPUBLIC OF CHINA: Silicon
 Metal\8\.................................
A-570-806.................................              6/1/08 - 5/31/09
        Shanghai Jinneng International
         Trade Co., Ltd...................
        Datong Jinneng Industrial Silicon
         Co., Inc.........................
        Jiangxi Gangyuan Silicon Industry
         Company, Ltd.....................
THE PEOPLE'S REPUBLIC OF CHINA: Tapered
 Roller Bearings and Parts Thereof,
 Finished and Unfinished\9\...............
A-570-601.................................              6/1/08 - 5/31/09
        Hubei New Torch Science &
         Technology Co., Ltd..............
        Peer Bearing Company - Changshan..
        Countervailing Duty Proceeding....
None......................................
        Suspension Agreements.............
None......................................
Deferral of Initiation of Administrative
 Review...................................
GERMANY: Ball Bearings and Parts Thereof..
A-428-801.................................              5/1/08 - 4/30/09
        Gebrueder Reinfurt GmbH & Co., KG
         (``GRW'')\10\....................
------------------------------------------------------------------------
\3\ Company inadvertently omitted from intiation notice published on
  June 24, 2009 (74 FR 30052).
\4\ If one of the above-named companies does not qualify for a separate
  rate, all other exporters of Certain Polyester Staple Fiber from the
  People's Republic of China (<gr-thn-eq>PRC<gr-thn-eq>) 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 do not qualify for a separate
  rate, all other exporters of Chlorinated Isocyanurates 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\ If one of the above-named companies do not qualify for a separate
  rate, all other exporters of Folding Metal Tables and Chairs 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\ The Department deferred the 06/01/2007-05/31/2008 administrative
  review for the Feili group of companies for one year on 07/30/2008 (73
  FR 44220). The Department is now initiating this review one year later
  along with the 06/01/2008-05/31/2009 administrative review.
\8\ If one of the above-named companies does not qualify for a separate
  rate, all other exporters of Silicon Metal 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.
\9\ If one of the above-named companies do not qualify for a separate
  rate, all other exporters of Tapered Roller Bearings and Part Thereof,
  Finished and Unfinished 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.
\10\ In the initiation notice that published on 06/24/2009 (74 FR
  30052), we inadvertently overlooked GRW's request for deferral of
  initiation for the 2008-2009 administrative review. We hereby correct
  this oversight and are deferring the initiation of this review,
  pursuant to 19 CFR 351.213(c).

    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

[[Page 37693]]

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.
    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 they meet the requirements of these procedures (e.g., the 
filing of separate letters of appearance as discussed at 19 CFR 
351.103(d)).
    These initiations and this notice are in accordance with section 
751(a) of the Tariff Act of 1930, as amended (19 U.S.C. 1675(a)), and 
19 CFR 351.221(c)(1)(i).

    Dated: July 23, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-18093 Filed 7-28-09; 8:45 am]
BILLING CODE 3510-DS-S