Initiation of Antidumping and Countervailing Duty Administrative Reviews

Federal Register: May 29, 2009 (Volume 74, Number 102)

Notices

Page 25711-25715

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr29my09-34

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 has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with April anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews.

DATES: Effective Date: May 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)(2002), for administrative reviews of various antidumping and countervailing duty orders and findings with April anniversary dates.

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 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 apply 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

Page 25712

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://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 Application, refer to the instructions contained in the application. Separate Rate 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 Application applies equally to NME-owned firms, wholly foreign-owned firms, and foreign sellers that purchase and export subject merchandise to the United States.

\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.

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 April 30, 2010.

Period to be reviewed

Antidumping Duty Proceedings

Russia: Magnesium Metal, A-821-819.............

4/1/08-3/31/09

PSC VSMPO-AVISMA Corporation Solikamsk

Magnesium Works

The People's Republic of China:

Certain Activated Carbon \3\ A-570-904.....

4/1/08-3/31/09

Actview Carbon Technology Co., Ltd.

Alashan Yongtai Activated Carbon Co.,

Ltd.

Anhui Hengyuan Trade Co., Ltd.

Baoding Activated Carbon Factory

Beijing Broad Activated Carbon Co.,

Ltd.

Beijing Haijian Jiechang Environmental

Protection Chemicals

Beijing Hibridge Trading Co., Ltd.

Beijing Huapeng Environment Protection

Materials

Beijing Pacific Activated Carbon

Products Co., Ltd.

Benbu Jiutong Trade Co., Ltd.

Calgon Carbon (Tianjin) Co., Ltd.

Changji Hongke Activated Carbon Co.,

Ltd.

Chengde Jiayu Activated Carbon Factory

Cherishmet Incorporated

China National Building Materials and

Equipment Import Export Corp.

China National Nuclear General Company

Ningxia Activated Carbon Factory

China Nuclear Ningxia Activated Carbon

Plant

Da Neng Zheng Da Activated Carbon Co.,

Ltd.

Datong Carbon Corporation

Datong Changtai Activated Carbon Co.,

Ltd.

Datong City Zouyun County Activated

Carbon Co., Ltd.

Datong Fenghua Activated Carbon

Datong Forward Activated Carbon Co.,

Ltd.

Datong Fuping Activated Carbon Co.,

Ltd.

Datong Guanghua Activated Carbon Co.,

Ltd.

Datong Hongji Coal Industry

Datong Hongtai Activated Carbon Co.,

Ltd.

Datong Huanqing Activated Carbon Co.,

Ltd.

Datong Huaxin Activated Carbon

Datong Huibao Active Carbon

Datong Huibao Activated Carbon Co.,

Ltd.

Datong Huiyuan Cooperative Activated

Carbon Plant

Datong Juqiang Activated Carbon Co.,

Ltd.

Datong Kaneng Carbon Co. Ltd.

Datong Kangda Activated Carbon Factory

Datong Locomotive Coal & Chemicals Co.,

Ltd.

Datong Municipal Yunguang Activated

Carbon Co., Ltd.

Datong Runmei Activated Carbon Factory

Datong Tianzhao Activated Carbon Co.,

Ltd.

DaTong Tri-Star & Power Carbon Plant

Datong Weidu Activated Carbon Co., Ltd.

Datong Xuanyang Activated Carbon Co.

Ltd.

Datong Yunguang Chemicals Plant

Datong Zuoyun Biyun Activated Carbon

Co., Ltd.

Datong Zuoyun Fu Ping Activated Carbon

Plant

Dezhou Jiayu Activated Carbon Factory

Dongguan Baofu Activated Carbon

Dushanzi Chemical Factory

Fangyuan Carbonization Co., Ltd.

Page 25713

Fu Yuan Activated Carbon Co., Ltd.

Fujian Jianyang Carbon Plant

Fujian Nanping Yuanli Activated Carbon

Fuzhou Taking Chemical

Fuzhou Yihuan Carbon

Great Bright Industrial

Hangzhou Hengxing Activated Carbon

Hangzhou Linan Tianbo Material

Hebei Foreign Trade and Advertising

Corporation

Hebei Shenglun Import & Export Group

Company

Hegongye Ninxia Activated Carbon

Factory

Heilongjiang Provincial Hechang Imp. &

Exp. Co., Ltd.

Hongke Activated Carbon Co., Ltd.

Huaibei Environment Protection Material

Plant

Huairen Jinbei Chemical Co., Ltd.

Huairen Huanyi Purifying Material

Huaiyushan Activated Carbon Tec & Sec

(Zhuhai) Co., Ltd.

Huahui Activated Carbon Company Ltd.

Huatai Activated Carbon

Huaxin Active Carbon Plant

Huzhou Zhonglin Activated Carbon

Hz Hengxing Activated Carbon Co.

Inner Mongolia Taixi Coal Chemical

Industry Limited Company

Itigi Corp. Ltd.

J&D Activated Carbon Filter Co., Ltd.

Jacobi Carbons AB

Jiangle County Xinhua Activated Carbon

Co., Ltd.

Jiangxi Hansom Import Export Co.

Jiangxi Huaiyushan Activated Carbon

Jiangxi Jinma Carbon

Jianou Zhixing Activated Carbon

Jiaocheng Xinxin Purification Material

Co., Ltd.

Jilin Bright Future Chemicals Company,

Ltd.

Jilin Goodwill Activated Carbon Plant

Jilin Province Bright Future Industry and Commerce Co., Ltd.

Jing Mao (Dongguan) Activated Carbon

Co., Ltd.

Jx Huaiyushan Activated Carbon Group

Co.

Jx Huaiyushan Suntar Active Carbon

Kaihua Xingda Chemical Co., Ltd.

Kaihua Xinghua Chemical Plant

Kemflo (Nanjing) Environmental Tech

Kunshan Actview Carbon Technology

Langfang Winfield Filtration Co.

Link Link Shipping Limited

Longyan Wanan Activated Carbon

Mindong Lianyi Group

Nanjing Mulinsen Charcoal

Nantong Ameriasia Advanced Activated

Carbon Product Co., Ltd.

Ningxia Baota Active Carbon Plant

Ningxia Baota Activated Carbon Co.,

Ltd.

Ningxia Blue-White-Black Activated

Carbon

Ningxia Fengyuan Activated Carbon Co.,

Ltd.

Ningxia Guanghua A/C Co., Ltd.

Ningxia Guanghua Activated Carbon Co.,

Ltd.

Ningxia Guanghua Chemical Activated

Carbon Co., Ltd.

Ningxia Guanghua Cherishmet Activated

Carbon Co., Ltd.

Ningxia Haoqing Activated Carbon Co.,

Ltd.

Ningxia Henghui Activated Carbon

Ningxia Honghua Carbon Industrial

Corporation

Ningxia Huahui Activated Carbon Co.,

Ltd.

Ningxia Huinong Xingsheng Activated

Carbon Co., Ltd.

Ningxia Jirui Activated Carbon

Ningxia Lingzhou Foreign Trade Co.,

Ltd.

Ningxia Luyuangheng Activated Carbon

Co., Ltd.

Ningxia Mineral & Chemical Limited

Ningxia Pingluo County Yaofu Activated

Carbon Plant

Ningxia Pingluo County Yaofu Activated

Carbon Factory

Ningxia Pingluo Xuanzhong Activated

Carbon Co., Ltd.

Ningxia Pingluo Yaofu Activated Carbon

Factory

Ningxia Taixi Activated Carbon

Ningxia Tianfu Activated Carbon Co.,

Ltd.

Ningxia Tongfu Coking Co., Ltd.

Ningxia Weining Active Carbon Co., Ltd.

Ningxia Xingsheng Coal and Active

Carbon Co., Ltd.

Page 25714

Ningxia Xingsheng Coke and Activated

Carbon

Ningxia Yinchuan Lanqiya Activated

Carbon Co., Ltd.

Ningxia Yirong Alloy Iron Co., Ltd.

Ningxia Zhengyuan Activated

Nuclear Ningxia Activated Carbon Co.,

Ltd.

OEC Logistic Qingdao Co., Ltd.

Panshan Import and Export Corporation

Pingluo Xuanzhong Activated Carbon Co.,

Ltd.

Pingluo Yu Yang Activated Carbon Co.,

Ltd.

Shanghai Activated Carbon Co. Ltd.

Shanghai Coking and Chemical

Corporation

Shanghai Goldenbridge International

Shanghai Jiayu International Trading

Co. Ltd.

Shanghai Jinhu Activated Carbon

Shanghai Mebao Activated Carbon

Shanhai Xingchang Activated Carbon

Shanxi Blue Sky Purification Material

Co., Ltd.

Shanxi DMD Corporation

Shanxi Industry Technology Trading Co.,

Ltd.

Shanxi Newtime Co., Ltd.

Shanxi Qixian Foreign Trade Corporation

Shanxi Qixian Hongkai Active Carbon

Goods

Shanxi Sincere Industrial Co., Ltd.

Shanxi Supply and Marketing Cooperative

Shanxi Tianli Ruihai Enterprise Co.

Shanxi Xiaoyi Huanyu Chemicals Co.,

Ltd.

Shanxi Xinhua Activated Carbon Co.,

Ltd.

Shanxi Xinhua Chemical Co., Ltd.

Shanxi Xinhua Chemical Factory

Shanxi Xinhua Protective Equipment

Shanxi Xinshidai Imp. Exp. Co., Ltd.

Shanxi Xuanzhong Chemical Industry Co.,

Ltd.

Shanxi Zuoyun Yunpeng Coal Chemistry

Shenzhen Sihaiweilong Technology Co.

Sincere Carbon Industrial Co., Ltd.

Taining Jinhu Carbon

Tangshan Solid Carbon Co., Ltd.

Tianchang (Tianjin) Activated Carbon

Tianjin Jacobi International Trading

Co. Ltd.

Tianjin Maijin Industries Co., Ltd.

Tonghua Bright Future Activated Carbon

Plant

Tonghua Xinpeng Activated Carbon

Factory

United Manufacturing International

(Beijing) Ltd.

Valqua Seal Products (Shanghai) Co

Wellink Chemical Industry

Xi Li Activated Carbon Co., Ltd.

Xi'an Shuntong International Trade &

Industrials Co., Ltd.

Xiamen All Carbon Corporation

Xingan County Shenxin Activated Carbon

Factory

Xingtai Coal Chemical Co., Ltd.

Xinhua Chemical Company Ltd.

Xinyuan Carbon

Xuanzhong Chemical Industry

Yangyuan Hengchang Active Carbon

Yicheng Logistics

Yinchuan Lanqiya Activated Carbon Co.,

Ltd.

Yinyuan Carbon

YunGuan Chemical Factory

Yuanguang Activated Carbon Co., Ltd.

Yuyang Activated Carbon Co., Ltd.

Zhejiang Quizhou Zhongsen Carbon

Zhejiang Yun He Tang Co., Ltd.

Zhuxi Activated Carbon

Zuoyun Bright Future Activated Carbon

Plant

Magnesium Metal \4\ A-570-896..............

4/1/08-3/31/09

Tianjin Magnesium International Co.,

Ltd.

Non-Malleable Cast Iron Pipe Fittings \5\ A-

4/1/08-3/31/09 570-875...................................

NEP Tianjin Machinery Company

\3\ If one of the above named companies does not qualify for a separate rate, all other exporters of certain activated carbon 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.

\4\ If the above named company does not qualify for a separate rate, all other exporters of magnesium metal 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.

Page 25715

\5\ If the above named company does not qualify for a separate rate, all other exporters of non-malleable cast iron pipe fittings 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.

Countervailing Duty Proceeding

None.

Suspension Agreements

None.

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 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). 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: May 22, 2009.

John M. Andersen,

Acting Deputy Assistant Secretary for Antidumping and Countervailing

Duty Operations.

FR Doc. E9-12571 Filed 5-28-09; 8:45 am

BILLING CODE 3510-DS-P

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