Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Notices 50307 

According to China’s WTO subsidies 

notification, domestic industrial 

enterprises whose research and 

development expenses increased 10 

percent from the previous year may 

offset 150 percent of the research 

expenditures from their income tax 

obligation. Petitioners allege that 

domestic companies engaging in 

research and development comprise a 

de jure specific group. Petitioners have 

not established with reasonably 

available evidence that such enterprises 

are a specific group pursuant to section 

771(5A)(D) of the Act. Therefore, we do 

not plan to investigate this program. 

D. Indirect Tax Programs 

1. Import tariff and VAT refunds to 

promote the development of 

equipment manufacturing in China 

Petitioners allege that the Chinese 

government refunds import tariffs and 

VAT for equipment and raw materials 

that cannot be domestically produced. 

Petitioners have not sufficiently 

established that this import tariff and 

VAT refund program is specific. 

Therefore, we do not plan to investigate 

this program. 

2. VAT exemptions for the 

‘‘encouragement of investment by 

Taiwan Compatriots’’

Petitioners allege that the Chinese 

government offers VAT exemptions to 

encourage Taiwanese investors to 

establish export–oriented and 

technologically advanced enterprises. 

Petitioners have not sufficiently 

established that this VAT exemption 

program constitutes a countervailable 

subsidy because our regulations permit 

exemption or remission of indirect taxes 

such as the VAT, unless the exemption 

or remission is excessive in accordance 

with 19 C.F.R. 351.517(a). Therefore, 

because petitioners have not shown that 

there is an excessive exemption, 

remuneration or rebate of VAT, we do 

not plan to investigate this program. 

E. Provincial/Local Subsidy Programs 

1. VAT Refunds and Exemptions for 

FIEs in Guangdong Province 

The petitioners allege that, in 

Guangdong province, export–oriented 

FIEs are exempt from import–related 

VAT on raw materials, parts and 

components, accessories, packing 

materials, and other inputs used in 

production. Encouraged FIEs in 

Guangdong also receive VAT 

exemptions on imported equipment. 

The petitioners provided evidence that 

certain Chinese producers of kitchen 

shelving and racks are export–oriented 

FIEs that are located in Guangdong 

province. However, petitioners have not 

sufficiently established that the VAT 

exemption program for export–oriented 

FIEs in Guangdong constitutes a 

countervailable subsidy because our 

regulations permit exemption or 

remission of VAT, unless the exemption 

or remission is excessive, and 

petitioners have not provided allegation 

or information regarding excessivity in 

accordance with 19 C.F.R. 351.517(a). 

Therefore, we do not plan to investigate 

this program. 

2. Provision of land at less than 

adequate remuneration in specific 

regions of Zhejiang Province 

Petitioners allege that firms in the 

Ningbo Economic and Technological 

Development Zone (‘‘ETDZ’’) are 

eligible to receive reductions or 

exemptions of the land–use fee and 

site–developing fee. We do not 

recommend plan to investigate the 

provision of land for less than adequate 

remuneration in Ningbo ETDZ or the 

reduction in or exemption from site use 

fees in Ningbo ETDZ, because the 

petitioners have not provided evidence 

that any Chinese producers of kitchen 

shelving or racks are located in Ningbo 

city, generally, or in the Ningbo EDTZ. 

F. Currency Manipulation 

Petitioners allege that the PRC 

government’s policy of maintaining an 

undervalued RMB is an export subsidy 

that provides either a direct transfer of 

funds or the provision of a good or 

service at less than adequate 

remuneration. Petitioners have not 

sufficiently alleged the elements 

necessary for the imposition of a 

countervailing duty and did not support 

the allegation with reasonably available 

information. Therefore, we do not plan 

to investigate the currency manipulation 

program. 

Respondent Selection 

To determine the total and relative 

volume and value of import data for 

each potential respondent, the 

Department normally relies on Customs 

and Border Protection import data for 

the POI. However, in the instant 

proceeding, HTSUS categories that 

include subject merchandise are very 

broad, and include products other than 

products subject to this investigation. 

Therefore, because of the unique 

circumstances of this case, the 

Department will issue ‘‘Quantity and 

Value Questionnaires’’ to potential 

respondents for the purposes of 

respondent selection. 

The Department will send the 

quantity and value questionnaire to 

those PRC companies identified in the 

July 31, 2008, petition, at Exhibit 3. The 

responses must be submitted by those 

exporters/producers that receive a 

quantity and value questionnaire no 

later than September 4, 2008. The 

Department will post the quantity and 

value questionnaire along with the filing 

instructions on the Import 

Administration’s website, at http:// 

ia.ita.doc.gov/ia–highlights-and–

news.html. 

Distribution of Copies of the Petition 

In accordance with section 

702(b)(4)(A)(i) of the Act, a copy of the 

public version of the petition has been 

provided to the Government of the PRC. 

As soon as and to the extent practicable, 

we will attempt to provide a copy of the 

public version of the petition to each 

exporter named in the petition, 

consistent with 19 CFR 351.203(c)(2). 

ITC Notification 

We have notified the ITC of our 

initiation, as required by section 702(d) 

of the Act. 

Preliminary Determination by the ITC 

The ITC will preliminarily determine, 

within 25 days after the date on which 

it receives notice of the initiation, 

whether there is a reasonable indication 

that imports of subsidized kitchen 

appliance shelving and racks from the 

PRC are causing material injury, or 

threatening to cause material injury, to 

a U.S. industry. See section 703(a)(2) of 

the Act. A negative ITC determination 

will result in the investigation being 

terminated; otherwise, the investigation 

will proceed according to statutory and 

regulatory time limits. 

This notice is issued and published 

pursuant to section 777(i) of the Act. 

Dated: August 20, 2008. 

David M. Spooner, 

Assistant Secretary for Import 

Administration. 

[FR Doc. E8–19778 Filed 8–25–08; 8:45 am] 

Billing Code: 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administation 

(C–570–940) 

Certain Tow–Behind Lawn Groomers 

and Certain Parts Thereof from the 

People’s Republic of China: 

Postponement of Preliminary 

Determination in the Countervailing 

Duty Investigation 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: August 26, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Gene Calvert or Paul Matino, AD/CVD 


sroberts on PROD1PC76 with NOTICES
50308 Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Notices 

1 In this investigation, the 130th day after the date 

of initiation is November 21, 2008. 

Operations, Office 6, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, N.W., Washington, D.C. 20230; 

telephone: (202) 482–3586 and (202) 

482–4146, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 14, 2008, the Department of 

Commerce (the Department) initiated 

the countervailing duty investigation on 

certain tow–behind lawn groomers and 

certain parts thereof (lawn groomers) 

from the People’s Republic of China 

(PRC). See Certain Tow–Behind Lawn 

Groomers and Certain Parts Thereof 

from the People’s Republic of China: 

Initiation of Countervailing Duty 

Investigation, 73 FR 42324 (July 21, 

2008). The preliminary determination is 

currently due no later than September 

17, 2008. 

Postponement of Due Date for 

Preliminary Determination 

On August 8, 2008, Agri–Fab, Inc., 

petitioner, requested that the 

Department postpone the preliminary 

determination in the countervailing 

duty investigation on lawn groomers 

from the PRC until November 17, 2008. 

Under section 703(c)(1)(A) of the Tariff 

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

Department may extend the deadline for 

the preliminary determination in a 

countervailing duty investigation until 

no later than the 130th day1 after the 

date on which the administering 

authority initiates an investigation, if 

the petitioner makes a timely request for 

an extension of the period within which 

the determination must be made under 

section 703(b) of the Act. Pursuant to 19 

CFR 351.205(e), petitioner’s request for 

postponement of the preliminary 

determination was made 25 days or 

more before the scheduled date of the 

preliminary determination. 

Accordingly, we are extending the due 

date for the preliminary determination 

to no later than November 17, 2008. 

This notice is issued and published 

pursuant to section 703(c)(2) and of the 

Act. 

Dated: August 20, 2008. 

David M. Spooner, 

Assistant Secretary For Import 

Administration. 

[FR Doc. E8–19777 Filed 8–25–08; 8:45 am] 

Billing Code: 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Initiation of Antidumping and 

Countervailing Duty Administrative 

Reviews 

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 July 

anniversary dates. In accordance with 

the Department’s regulations, we are 

initiating those administrative reviews. 

EFFECTIVE DATE: August 26, 2008 

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)(2002), for administrative 

reviews of various antidumping and 

countervailing duty orders and findings 

with July anniversary dates. 

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 period of review 

(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) (‘‘Sparklers’’), 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) 

(‘‘Silicon Carbide’’). 

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. 

For entities that have not previously 

been assigned a separate rate, to 

demonstrate eligibility for such, the 

Department requires a Separate Rate 

Status Application. The Separate Rate 

Status Application will be available on 

the Department’s website at http:// 

www.trade.gov/ia on the date of 

publication of this Federal Register 


sroberts on PROD1PC76 with NOTICES