[Federal Register Volume 74, Number 55 (Tuesday, March 24, 2009)]
[Notices]
[Pages 12310-12313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6347]


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DEPARTMENT OF COMMERCE

International Trade Administration


Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Requests 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 February anniversary 
dates. In accordance with the Department's regulations, we are 
initiating those administrative reviews. The Department also received 
requests to revoke one antidumping duty and one countervailing duty 
order in part.

DATES: Effective Date: March 24, 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)(2004), for administrative reviews of various antidumping 
and countervailing duty orders and findings with February anniversary 
dates. With respect to the antidumping duty orders on Frozen Warmwater 
Shrimp from Brazil, India, Thailand, the People's Republic of China and 
the Socialist Republic of Vietnam, the initiation of the antidumping 
duty administrative review for these cases will be published in a 
separate initiation notice. The Department also received timely 
requests to revoke in part the antidumping duty order on Stainless 
Steel Bars from India with respect to one exporter and the 
countervailing duty order on Certain Cut-to-Length Carbon Quality Steel 
Plate from the Republic of Korea with respect to one exporter.

Notice of No Sales

    Under 19 CFR 351.213(d)(3), the Department may rescind a review 
where

[[Page 12311]]

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 notice of initiation 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 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 Web site 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 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 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://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 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.
    \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 Certification.
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    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 February 28, 2010.

[[Page 12312]]



------------------------------------------------------------------------
                                                          Period to be
                                                            reviewed
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             Antidumping Duty Proceedings
 
BRAZIL:
    Stainless Steel Bar, A-351-825...................     2/1/08-1/31/09
    Villares Metals S.A.
    Frozen Warmwater Shrimp \3\, A-351-838...........     2/1/08-1/31/09
FRANCE:
    Low Enriched Uranium \4\, A-427-818..............     2/1/08-1/31/09
                                                          2/1/07-1/31/08
                                                          2/1/05-1/31/06
    Eurodif S.A./AREVA NC (formerly known as Cogema)
INDIA:
    Stainless Steel Bar, A-533-810...................     2/1/08-1/31/09
    Ambica Steels Limited
    Venus Wire Industries Pvt. Ltd.
    Frozen Warmwater Shrimp \5\, A-533-840...........     2/1/08-1/31/09
ITALY:
    Certain Cut-to-Length Carbon-Quality Steel Plate,     2/1/08-1/31/09
     A-475-826.......................................
    Evraz Palini e Bertoli S.p.A.
JAPAN:
    Carbon Steel Butt-Weld Pipe Fittings, A-588-602..     2/1/08-1/31/09
    Benex Corporation
    Certain Cut-to-Length Carbon-Quality Steel Plate,     2/1/08-1/31/09
     A-588-847.......................................
    Kawasaki Steel Corporation (and its alleged
     successor-in-interest JFE Steel Corporation)
REPUBLIC OF KOREA:
    Certain Cut-to-Length Carbon-Quality Steel Plate,     2/1/08-1/31/09
     A-580-836.......................................
    Daewoo International Corporation
    Dongkuk Steel Mill Co., Ltd.
    Hyosung Corporation
    Hyundai Mipo Dockyard Co., Ltd.
    JeongWoo Industrial Machine Co., Ltd.
THAILAND: Frozen Warmwater Shrimp \6\, A-549-822.....     2/1/08-1/31/09
THE PEOPLE'S REPUBLIC OF CHINA:
    Axes/Adzes \7\, A-570-803........................     2/1/08-1/31/09
    Greenguard Industry Co., Ltd.
    Frozen Warmwater Shrimp \8\, A-570-893...........     2/1/08-1/31/09
SOCIALIST REPUBLIC OF VIETNAM: Frozen Warmwater           2/1/08-1/31/09
 Shrimp \9\, A-552-802...............................
 
           Countervailing Duty Proceedings
 
REPUBLIC OF KOREA:
    Certain Cut-to-Length Carbon-Quality Steel Plate,    1/1/08-12/31/08
     C-580-837.......................................
  Dongkuk Steel Mill Co., Ltd.
 
                Suspension Agreements
 
None.
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    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 S.p.A. 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.
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    \3\ The initiation of the administrative review for the above 
referenced case will be published in a separate initiation notice.
    \4\ The Department had previously deferred the initiation of the 
reviews for the 05/06 and 07/08 periods. See 71 FR 17077 (April 5, 
2006) and 73 FR 16837 (March 31, 2008).
    \5\ The initiation of the administrative review for the above 
referenced case will be published in a separate initiation notice.
    \6\ The initiation of the administrative review for the above 
referenced case will be published in a separate initiation notice.
    \7\ If the above-named company does not qualify for a separate 
rate, all other exporters of Heavy Forged Hand Tools from the 
People's Republic of China 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\ The initiation of the administrative review for the above 
referenced case will be published in a separate initiation notice.
    \9\ The initiation of the administrative review for the above 
referenced case will be published in a separate initiation notice.
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    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). 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 Act of 1930, as amended (19 U.S.C. 1675(a)), and 19 CFR 
351.221(c)(1)(i).


[[Page 12313]]


    Dated: March 17, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations,
[FR Doc. E9-6347 Filed 3-23-09; 8:45 am]
BILLING CODE 3510-DS-P