[Federal Register Volume 75, Number 168 (Tuesday, August 31, 2010)]
[Notices]
[Pages 53274-53277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21702]


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DEPARTMENT OF COMMERCE

International Trade Administration


Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Deferral of Initiation 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 July 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 administrative review for one antidumping duty order.

DATES: Effective Date: August 31, 2010

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 July anniversary dates. 
The Department also received a request to defer for one year the 
initiation of the July 1, 2009 through June 30, 2010 administrative 
review of the antidumping duty order on Certain Pasta from Italy with 
respect to one exporter in accordance with 19 CFR 351.213(c). The 
Department received no objections to this request from any party cited 
in 19 CFR 351.213(c)(1)(ii).

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 60 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

[[Page 53275]]

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://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 60 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 Web site at http://www.trade.gov/ia 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 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 July 31, 2011.

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                                                         Period to be
                                                           reviewed
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            Antidumping Duty Proceedings
 
India: Polyethylene Terephthalate (PET) Film, A-533-      7/1/09-6/30/10
 824................................................
    Ester Industries Limited                          ..................
    SRF Limited                                       ..................
Italy: Certain Pasta, A-475-818.....................      7/1/09-6/30/10
    Agritalia S.r.L.                                  ..................
    Domenico Paone fu Erasmo S.p.A.                   ..................
    Industria Alimentare Colavita, S.p.A.             ..................
    Labor S.r.L.                                      ..................
    Molino e Pastificio Tomasello, S.p.A.             ..................
    PAM. S.p.A. and its affiliate, Liguori            ..................
     Pastificio dal 1820 SpA
    P.A.P. SNC Di Pazienza G.B. & C.                  ..................
    Premiato Pastificio Afeltra S.r.L.                ..................
    Pasta Zara SpA                                    ..................
    Pastificio Di Martino Gaetano & F.lli SpA         ..................
    Pastificio Fabianelli S.p.A.                      ..................
    Pastificio Felicetti SrL                          ..................
    Pastificio Lucio Garofalo S.p.A.                  ..................
    Pastificio Riscossa F.lli Mastromauro S.p.A.      ..................
    Rummo S.p.A. Molino e Pastificio                  ..................
    Rustichella d'Abruzzo S.p.A.                      ..................
Mexico:
    Purified Carboxymethylcellulose, A-201-834,           7/1/09-6/30/10
     Quimica Amtex, S.A. de C.V.....................
    Stainless Steel Sheet and Strip in Coils, A-201-      7/1/09-6/30/10
     822, ThyssenKrupp Mexinox S.A. de C.V..........
Russian Federation: Solid Urea, A-821-801, OJSC MCC       7/1/09-6/30/10
 EuroChem, and production affiliates, OJSC
 Nevinnomyssky Azot and OJSC Novomoskovskaya Azot...
Taiwan: Polyethylene Terephthalate Film, Sheet and        7/1/09-6/30/10
 Strip, A-583-837...................................
    Nan Ya Plastics Corporation, Ltd.                 ..................
    Shinkong Materials Technology Co., Ltd.           ..................
    SRF Limited                                       ..................

[[Page 53276]]

 
The Netherlands: Purified Carboxymethylcellulose, A-      7/1/09-6/30/10
 421-811, Akzo Nobel Functional Chemicals, B.V......
The People's Republic of China:
    Circular Welded Carbon Quality Steel Pipe,\3\ A-      7/1/09-6/30/10
     570-910........................................
        Baoshan Iron & Steel Co., Ltd.                ..................
        Jiangsu Yulong Steel Pipe Co., Ltd.           ..................
        Liaoning Northern Steel Pipe Co., Ltd.        ..................
        Hunan Hengyang Steel Tube (Group) Co., Ltd.   ..................
        CNOOC Kingland Pipeline Co., Ltd.             ..................
        Jiangsu Changbao Steel Tube Co., Ltd.         ..................
        Wuxi Fastube Industry Co., Ltd.               ..................
        Weifang East Steel Pipe Co., Ltd.             ..................
        Tianjin Shuangjie Steel Pipe Co., Ltd.        ..................
        Zhejiang Kingland Pipeline Industry Co.,      ..................
         Ltd.
        SteelFORCE Far East Ltd.                      ..................
        Tianjin Baolai International Trade Co., Ltd.  ..................
        Shanghai Zhongyou TIPO Steel Pipe Co., Ltd.   ..................
        Benxi Northern Steel Pipes, Co. Ltd.          ..................
        Shanghai Zhongyou Tipo Steel                  ..................
        Huludao City Steel Pipe Industrial            ..................
        Hebei Zhongyuan Steel Pipe Manufacturer       ..................
        Tianjin Longshenghua Import & Export          ..................
    Persulfates,\4\ A-570-847, FMC Corporation......      7/1/09-6/30/10
    Tapered Roller Bearings and Parts Thereof, A-570-     6/1/09-5/31/10
     601 Finished and Unfinished, Tianshui Hailin
     Import and Export Corporation \5\..............
Turkey: Certain Pasta, A-489-805, Marsan Gida Sanayi      7/1/09-6/30/10
 ve Ticaret A.S. (successor-in-interest to Gidasa
 Sabanci gida Sanayi ve Ticaret)....................
 
           Countervailing Duty Proceedings
 
India: Polyethylene Terephthalate (PET) Film, C-533-     1/1/09-12/31/09
 825................................................
    Ester Industries Limited                          ..................
    SRF Limited                                       ..................
Italy: Certain Pasta, C-475-819.....................     1/1/09-12/31/09
    F.lli De Cecco di Filippo Fara San Martino        ..................
     S.p.A.
    Molino e Pastificio Tomasello, S.p.A.             ..................
    Pastificio Antonio Pallante S.r.L.                ..................
    Pastificio Fabianelli S.p.A.                      ..................
The People's Republic of China: Circular Welded          1/1/09-12/31/09
 Carbon Quality Steel Pipe, C-570-911...............
    Baoshan Iron & Steel Co., Ltd.                    ..................
    Jiangsu Yulong Steel Pipe Co., Ltd.               ..................
    Liaoning Northern Steel Pipe Co., Ltd.            ..................
    Hunan Hengyang Steel Tube (Group) Co., Ltd.       ..................
    CNOOC Kingland Pipeline Co., Ltd.                 ..................
    Jiangsu Changbao Steel Tube Co., Ltd.             ..................
    Wuxi Fastube Industry Co., Ltd.                   ..................
    Weifang East Steel Pipe Co., Ltd.                 ..................
    Tianjin Shuangjie Steel Pipe Co., Ltd.            ..................
    Zhejiang Kingland Pipeline Industry Co., Ltd.     ..................
    Benxi Northern Steel Pipes, Co. Ltd.              ..................
    Shanghai Zhongyou Tipo Steel                      ..................
    Huludao City Steel Pipe Industrial                ..................
    Hebei Zhongyuan Steel Pipe Manufacturer           ..................
 
                Suspension Agreements
 
None.                                                 ..................
 
   Deferral of Initiation of Administrative Review
 
Italy: Certain Pasta, A-475-818, Pastificio Attilio       7/1/09-6/30/10
 Mastromauro-Pasta Granoro S.r.L....................
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    \3\ If one of the above named companies does not qualify for a 
separate rate, all other exporters of Circular Welded Carbon Quality 
Steel Pipe from the People's Republic of China (``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.
    \4\ If one of the above named companies does not qualify for a 
separate rate, all other exporters of Persulfates 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.
    \5\ In the initiation notice that published on July 28, 2010 (75 
FR 44224), we initiated a review of Tapered Roller Bearings 
(``TRB's'') from the PRC (A-570-601) for the company Tianshui Hailin 
Import and Export Corporation. On November 14, 2002 (67 FR 68990), 
we published a revocation of the order with respect to TRB's 
exported by Tianshui Hailin Import and Export Corporation and 
produced by Hailin Bearing Factory. This is to clarify that this 
administrative review covers TRB's exported by Tianshui Hailin 
Import and Export Corporation that were produced by any manufacturer 
other than Hailin Bearing Factory.
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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 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 v. United States, 291 F.3d 806 (Fed. Cir.

[[Page 53277]]

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.
    For the first administrative review of any order, there will be no 
assessment of antidumping or countervailing duties on entries of 
subject merchandise entered, or withdrawn from ware house, for 
consumption during the relevant provisional-measures ``gap'' period, of 
the order, if such a gap period is applicable to the POR.
    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 Act (19 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(i).

    Dated: August 25, 2010.
Gary Taverman,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2010-21702 Filed 8-30-10; 8:45 am]
BILLING CODE 3510-DS-P