52176 Federal Register / Vol. 74, No. 195 / Friday, October 9, 2009 / Notices 

1Since October 3, 2009, is a Saturday, the final 

results are due on the next business day, October 

5, 2009. 

2On 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. 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–894] 

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 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On April 6, 2009, the 

Department of Commerce (the 

Department) published the preliminary 

results of the 2007–2008 administrative 

review of the antidumping duty order 

on certain tissue paper products from 

the People’s Republic of China (PRC) 

covering the period March 1, 2007, 

through February 29, 2008. This 

administrative review covers three 

mandatory respondents. We invited 

interested parties to comment on the 

preliminary results. 

Based on our analysis of the 

comments received, we have made 

changes to the margin calculations. The 

weighted-average dumping margins are 

listed below in the section entitled 

‘‘Final Results of Review.’’ 

DATES: Effective Date: October 9, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Brian Smith or Brandon Custard, 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– 

1823, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On April 6, 2009, the Department 

published the preliminary results of this 

administrative review. See Certain 

Tissue Paper Products From the 

People’s Republic of China: Preliminary 

Results and Partial Rescission of the 

2007–2008 Administrative Review and 

Intent Not to Revoke Order in Part, 74 

FR 15449 (April 6, 2009) (Preliminary 

Results). In response to the interested 

parties’ requests, we extended the 

deadlines for submitting publicly 

available information (PAI) and case 

and rebuttal briefs for consideration in 

the final results of this administrative 

review. 

On May 8, 2009, Max Fortune 

Industrial Limited and Max Fortune 

(FEDTE) Paper Products Co., Ltd. (Max 

Fortune) submitted certain information 

to correct alleged errors with respect to 

its reported plastic bag consumption 

factors. On May 13, 2009, we 

determined that this submission 

contained untimely new factual 

information and returned it to Max 

Fortune in accordance with 19 CFR 

351.302(d). 

On May 20, 2009, Max Fortune 

attempted to resubmit this information. 

The Department rejected the submission 

for the second time on May 27, 2009, 

under 19 CFR 351.302(d). 

On May 21, 2009, Max Fortune and 

the petitioner, Seaman Paper Company 

of Massachusetts, Inc., submitted PAI. 

On June 15 and 29, 2009, Max 

Fortune and the petitioner submitted 

case and rebuttal briefs, respectively. No 

party requested a hearing. 

On July 15, 2009, the Department 

postponed the final results of this 

review until October 3, 2009.1 See Notice 

of Extension of Time Limit for Final 

Results of Antidumping Duty 

Administrative Review: Certain Tissue 

Paper Products From the People’s 

Republic of China, 74 FR 35842 (July 21, 

2009). 

We have conducted this 

administrative review in accordance 

with sections 751(a) and 777(i)(1) of the 

Tariff Act of 1930, as amended (the Act), 

19 CFR 351.213, and 19 CFR 351.221. 

Period of Review 

The period of review (POR) is March 

1, 2007, through February 29, 2008. 

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 

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.2

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). 

Final Partial Rescission 

In the Preliminary Results, the 

Department preliminarily rescinded this 

review with respect to the following 

companies: Foshan Sansico Co., Ltd., 

Sansico Asia Pacific Limited, PT 

Grafitecindo Ciptaprima, PT Printec 

Perkasa, PT Printec Perkasa II, and PT 

Sansico Utama. These companies 

reported, and we confirmed based on 

import data from U.S. Customs and 

Border Protection (CBP), that they made 

no shipments of subject merchandise to 

the United States during the POR. 

Subsequent to the Preliminary Results, 

no information was submitted on the 

record indicating that the above 

companies made sales to the United 

States of subject merchandise during the 

POR. Thus, in accordance with 19 CFR 

351.213(d)(3), and consistent with our 

practice, we are rescinding this review 

with respect to the above-named 

companies. 

Separate Rates 

In our Preliminary Results, we 

determined that Max Fortune met the 

criteria for the application of a separate 

rate, as it is a wholly foreign-owned 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 74, No. 195 / Friday, October 9, 2009 / Notices 52177 

company registered and located in Hong 

Kong. We have not received any 

information since the issuance of the 

Preliminary Results that provides a basis 

for the reconsideration of this 

determination. Therefore, the 

Department continues to find that Max 

Fortune meets the criteria for a separate 

rate for purposes of the final results of 

this review. 

Also in the Preliminary Results, the 

Department found that Vietnam 

Quijiang Paper Co., Ltd. (Vietnam 

Quijiang) and Guilin Qifeng Paper Co., 

Ltd. (Guilin Qifeng) did not qualify for 

a separate rate, as neither company 

responded to the Department’s requests 

for information (including a separaterate application and/or certification). 

Accordingly, the Department considered 

these companies to be a part of the PRCwide entity for purposes of this review. 

See Preliminary Results, 74 FR at 15452. 

No party commented on the 

Department’s preliminary finding with 

respect to Vietnam Quijiang and Guilin 

Qifeng. Therefore, the Department 

continues to find these two companies 

to be part of the PRC-wide entity in the 

final results of this review. 

Application of Adverse Facts Available 

As discussed in the Preliminary 

Results, Vietnam Quijiang and Guilin 

Qifeng did not respond to the 

Department’s requests for information. 

Accordingly, the Department 

determined that these two entities did 

not establish their eligibility for 

separate-rate status, and as a result, 

deemed them to be a part of the PRCwide entity for purposes of this review. 

Based upon the failure of Vietnam 

Quijiang and Guilin Qifeng, as part of 

the PRC-wide entity, to submit 

responses to the Department’s 

questionnaires, the Department found 

that the PRC-wide entity failed to 

cooperate to the best of its ability in 

responding to the Department’s requests 

for information, and assigned it a rate 

based on total adverse facts available 

(AFA) pursuant to sections 776(a)(2)(A), 

(B) and (C), and 776(b) of the Act. 

Consistent with the statute, court 

precedent, and its normal practice, as 

AFA, the Department assigned the PRCwide entity the highest rate on the 

record of any segment of this proceeding 

(i.e., 112.64 percent). This rate was 

corroborated to the extent practicable in 

accordance with section 776(c) of the 

Act, as discussed in the Preliminary 

Results. See Preliminary Results, 74 FR 

at 15452–15453. 

The Department did not receive 

comments regarding the Department’s 

preliminary application of AFA to the 

PRC-wide entity, which includes 

Vietnam Quijiang and Guilin Qifeng. 

Therefore, for the final results, the 

Department has not altered its decision 

to apply a total AFA rate of 112.64 

percent to the PRC-wide entity in 

accordance with sections 776(a)(2)(A), 

(B) and (C), and 776(b) of the Act. 

Determination Not To Revoke in Part 

Max Fortune requested that the 

Department revoke it from the 

antidumping duty order on certain 

tissue paper products from the PRC 

pursuant to 19 CFR 351.222(d)(1) and 

(e), based on three consecutive years of 

zero and/or de minimis margins. 

While the Department found either 

zero or de minimis dumping margins for 

Max Fortune during the 1st 

administrative review (i.e., 2004–2006 

POR) and 2nd administrative review 

(i.e., 2006–2007 POR) of this order, it 

has not done so in the current 

administrative review (i.e., 2007–2008 

POR). As Max Fortune’s final dumping 

margin in this review is above de 

minimis, we find that Max Fortune has 

not satisfied the regulatory criterion of 

19 CFR 351.222(b)(2)(i) requiring three 

consecutive years of sales at not less 

than normal value, and is therefore not 

eligible for revocation. 

Notwithstanding this finding, we also 

find that Max Fortune did not make 

sales to the United States in commercial 

quantities during all three years forming 

the basis of its revocation request, as 

required under 19 CFR 351.222(d)(1) 

and (e)(1)(ii). In making this 

determination, we relied upon Max 

Fortune’s sales activity during the 

period of investigation (POI) and the 

2004–2006, 2006–2007, and 2007–2008 

PORs. For at least two of these periods, 

Max Fortune’s sales to the United States 

were not made in commercial 

quantities. 

Therefore, we have determined not to 

revoke the order with respect to Max 

Fortune because it has not met two of 

the regulatory criteria for revocation set 

forth in 19 CFR 351.222(b) and (d). For 

a complete discussion, see Comment 1 

of the Issues and Decision 

Memorandum from John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations, to Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration (Issues and Decision 

Memorandum) accompanying this 

notice; and the October 5, 2009, 

Memorandum from the PRC Tissue 

Paper Team to James P. Maeder, Jr., 

Director, Office 2, AD/CVD Operations, 

entitled ‘‘Request for Revocation by Max 

Fortune Industrial Limited (Max 

Fortune).’’ 

Analysis of Comments Received 

All issues raised in the case briefs by 

the parties and to which we have 

responded are addressed in the Issues 

and Decision Memorandum, which is 

hereby adopted by this notice. A list of 

the issues raised, all of which are in the 

Issues and Decision Memorandum, is 

attached to this notice as Appendix I. 

Parties can find a complete discussion 

of all issues raised in the briefs and the 

corresponding recommendations in this 

public memorandum, which is on file in 

the Central Records Unit (CRU), room 

1117 of the Department of Commerce. In 

addition, a complete version of the 

Issues and Decision Memorandum can 

be accessed directly on the Web at 

http://trade.gov/ia. The paper copy and 

electronic version of the Issues and 

Decision Memorandum are identical in 

content. 

Changes From the Preliminary Results 

Based on the information submitted 

and our analysis of the comments 

received, we have made certain changes 

to the margin calculations for Max 

Fortune as follows: 

• We used the Indian import data 

from World Trade Atlas for Harmonized 

Tariff Schedule subheading 6305.39.00 

to value polypropylene bags. See 

Comment 3 of the Issues and Decision 

Memorandum for further discussion; 

and 

• We corrected Max Fortune’s 

reported polypropylene bag 

consumption factors for two products. 

See Comment 9 of the Issues and 

Decision Memorandum for further 

discussion. 

Final Results of Review 

We determine that the following 

antidumping duty margins exist in these 

final results: 

mstockstill on DSKH9S0YB1PROD with NOTICES

52178 Federal Register / Vol. 74, No. 195 / Friday, October 9, 2009 / Notices 

3 In the final determination of the circumvention 

inquiry involving Vietnam Quijiang (see Certain 

Tissue Paper Products from the People’s Republic 

of China: Affirmative Final Determination of 

Circumvention of the Antidumping Duty Order, 73 

FR 57591 (October 3, 2008), the Department stated 

that if Vietnam Quijiang did not participate in this 

administrative review, we would immediately 

revoke the certification program relevant to its 

entries of certain tissue paper products from 

Vietnam, thereby presuming all of its entries to be 

of PRC origin regardless of whether they are 

declared to be Vietnamese or PRC origin. See 

October 24, 2008, Memorandum entitled 

‘‘Discontinuation of Certification Program.’’ 

CERTAIN TISSUE PAPER PRODUCTS FROM THE PRC 

Individually reviewed exporter 2007–2008 administrative review 

Weightedaverage percent 

margin 

(percent) 

Max Fortune Industrial Limited ....................................................................................................................................................... 14.25 

PRC-wide rate Margin (percent) 

PRC-wide rate (including Guilin Qifeng Paper Co., Ltd. and Vietnam Quijiang Paper Co., Ltd.) ................................................. 112.64 

Assessment 

Pursuant to section 751(a)(2)(A) of the 

Act and 19 CFR 351.212(b), the 

Department will determine, and CBP 

shall assess, antidumping duties on all 

appropriate entries. The Department 

intends to issue assessment instructions 

to CBP 15 days after the date of 

publication of these final results of 

review. In accordance with 19 CFR 

351.212(b)(1), for Max Fortune, we 

calculated importer (or customer)- 

specific assessment rates for the 

merchandise subject to this review. 

Because we do not have entered values 

on the record for Max Fortune’s sales, 

we calculated a per-unit assessment rate 

by aggregating the antidumping duties 

due for all U.S. sales to each importer 

(or customer) and dividing this amount 

by the total quantity sold to that 

importer (or customer). See 19 CFR 

351.212(b)(1). To determine whether the 

duty assessment rates are de minimis, in 

accordance with the requirement set 

forth in 19 CFR 351.106(c)(2), we 

calculated importer (or customer)- 

specific ad valorem ratios based on the 

estimated entered value. Where an 

importer (or customer)-specific ad 

valorem rate is zero or de minimis, we 

will instruct CBP to liquidate 

appropriate entries without regard to 

antidumping duties. See 19 CFR 

351.106(c)(2). 

With respect to the PRC-wide entity 

(including Vietnam Quijiang and Guilin 

Qifeng), we will instruct CBP to 

liquidate appropriate entries at the PRCwide rate of 112.64 percent.3

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 14.25 percent will be 

required for certain tissue paper 

products from the PRC exported by Max 

Fortune; (2) for previously reviewed or 

investigated companies not listed above 

that have separate rates, the cashdeposit 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. 

Notification to Importers 

This notice also serves as the final 

reminder to importers of their 

responsibility under 19 CFR 351.402(f) 

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 in the 

subsequent assessment of double 

antidumping duties. 

Notification to Interested Parties 

This notice serves as the only 

reminder to parties subject to 

administrative protective order (APO) of 

their responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). 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. 

We are issuing and publishing these 

final results of review in accordance 

with sections 751(a)(1) and 777(i)(1) of 

the Act and 19 CFR 351.221(b)(5). 

Dated: October 5, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

Appendix—List of Issues 

Comment 1: Max Fortune’s Request for 

Revocation from the Antidumping Duty 

Order 

Comment 2: Incorporating Negative Dumping 

Margins in the Calculation of the Overall 

Antidumping Margin 

Comment 3: Selection of Plastic Bag 

Surrogate Value 

Comment 4: Valuing Containerization 

Expenses Separately From Brokerage and 

Handling Expenses 

Comment 5: Selection of Financial 

Statements for Surrogate Financial Ratio 

Calculations 

Comment 6: Reclassifications and 

Adjustments to Surrogate Financial Ratio 

Calculations 

Comment 7: Appropriate Labor Rate 

Comment 8: Excluding Indian Imports From 

Hong Kong in WTA-Sourced Surrogate 

Value Calculations 

Comment 9: Revisions to Plastic Bag 

Consumption 

[FR Doc. E9–24463 Filed 10–8–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–201–834] 

Purified Carboxymethylcellulose From 

Mexico: Final Results of Antidumping 

Duty Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On April 10, 2009, the 

Department of Commerce (the 

Department) published the preliminary 

mstockstill on DSKH9S0YB1PROD with NOTICES