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54430 Federal Register / Vol. 72, No.

185 / Tuesday, September 25, 2007 / Notices

Antidumping Duty Proceedings Period to be Reviewed

C–580–835 ................................................................................................................................................................ 1/1/06 - 12/31/06

Dai Yang Metal Co., Ltd..
Suspension Agreements.
1 If one of the above named companies does not qualify for a separate rate, all other exporters of frozen fish fillets from the Socialist Republic
of Vietnam who have not qualified for a separate rate are deemed to be covered by this review as part of the single Vietnam entity of which the
named exporters are a part.
2If one of the above named companies does not qualify for a separate rate, all other exporters of floor-standing metal-top ironing tables 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 en-
tity of which the named exporters are a part.
3 If one of the above named companies does not qualify for a separate rate, all other exporters of polyethylene retail carrier bags 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.

During any administrative review DEPARTMENT OF COMMERCE April 17, 1997. See Notice of
covering all or part of a period falling Antidumping Duty Order: Brake Rotors
between the first and second or third International Trade Administration from the People’s Republic of China, 62
and fourth anniversary of the [A–570–846] FR 18740 (April 17, 1997) (‘‘Order’’). On
publication of an antidumping duty October 31, 2006, the Department
order under section 351.211 or a Brake Rotors From the People’s received a timely request from Qizheng,
determination under section Republic of China: Preliminary Results in accordance with 19 CFR 351.214(c),
351.218(f)(4) to continue an order or of the 2006 Semiannual New Shipper to conduct a semiannual new shipper
suspended investigation (after sunset Review review of the antidumping duty order
review), the Secretary, if requested by a AGENCY: Import Administration, on brake rotors from the PRC. This
domestic interested party within 30 International Trade Administration, request was rejected by the Department
days of the date of publication of the Department of Commerce. on November 6, 2006. Qizheng
notice of initiation of the review, will SUMMARY: The U.S. Department of resubmitted its request for review on
determine, consistant with FAG Italia Commerce (‘‘the Department’’) is November 6, 2006. On November 30,
v.(roman) United States, 291 F.3d 806 conducting a semiannual new shipper 2006, the Department found that the
(Fed Cir. 2002), as appropriate, whether review of the antidumping duty order request for review with respect to
antidumping duties have been absorbed on brake rotors from the People’s Qizheng met all of the regulatory
by an exporter or producer subject to the Republic of China (‘‘PRC’’) in response requirements set forth in 19 CFR
review if the subject merchandise is to a request from Longkou Qizheng Auto 351.214(b) and initiated a semiannual
sold in the United States through an Parts Co., Ltd. (‘‘Qizheng’’). The period new shipper review of the antidumping
importer that is affiliated with such of review (‘‘POR’’) is April 1 through duty order on brake rotors from the PRC
exporter or producer. The request must October 31, 2006. We have preliminarily for the April 1 through September 30,
include the name(s) of the exporter or determined that Qizheng’s sale is a bona 2006, period. See Brake Rotors from the
producer for which the inquiry is fide transaction. In addition, we have People’s Republic of China: Initiation of
requested. preliminarily determined that Qizheng New Shipper Review, 71 FR 69203
made its sale during the POR above (November 30, 2006). On November 30,
Interested parties must submit normal value. If these preliminary
applications for disclosure under 2006, the Department issued the initial
results are adopted in our final results questionnaire to Qizheng. On December
administrative protective orders in of this review, we will instruct U.S.
accordance with 19 CFR 351.305. 1, 2006, the Department issued a
Customs and Border Protection (‘‘CBP’’)
memorandum identifying five countries
These initiations and this notice are to assess antidumping duties on the
appropriate entry of subject as being at a level of economic
in accordance with section 751(a) of the
merchandise during the POR if the development comparable to that of the
Tariff Act of 1930, as amended (19 USC
assessment rate is above de minimis. PRC for the specified period of review:
1675(a)) and 19 CFR 351.221(c)(1)(i).
Interested parties are invited to India, Sri Lanka, Egypt, Indonesia, and
Dated: September 19, 2007. the Philippines. See Attachment I of the
comment on these preliminary results.
Stephen J. Claeys, EFFECTIVE DATE: September 25, 2007.
Memorandum from Ron Lorentzen,
Deputy Assistant Secretary for Import Director, Office of Policy, to Wendy
Administration. Frankel, Director, China/NME Group,
Jennifer Moats or Blanche Ziv, AD/CVD
[FR Doc. E7–18857 Filed 9–24–07; 8:45 am] Operations, Office 8, Import Office 8, regarding, ‘‘2006 Semi–Annual
BILLING CODE 3510–DS–S Administration, International Trade Antidumping Duty New Shipper
Administration, U.S. Department of Review of Brake Rotors from the
Commerce, 14th Street and Constitution People’s Republic of China: Request for
Avenue, NW., Washington, DC 20230; a List of Surrogate Countries,’’
telephone: (202) 482–5047 or (202) 482– (‘‘Surrogate Country Memo’’). On
4207, respectively. December 8, 2006, we invited interested
parties to provide information on
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surrogate values for the factors of
Background production used in the production of
The Department published in the brake rotors. On January 19, 2007, the
Federal Register the antidumping duty petitioner submitted publicly available
order on brake rotors from the PRC on

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Federal Register / Vol. 72, No. 185 / Tuesday, September 25, 2007 / Notices 54431

surrogate value information.1 On March Toyota, Volvo). Brake rotors covered in Shipper Review on Brake Rotors from
8, 2007, the Department expanded the this order are not certified by OEM the People’s Republic of China,’’ dated
POR for this semiannual new shipper producers of vehicles sold in the United August 22, 2007 (‘‘Qizheng Verification
review through October 31, 2006, to States. The scope also includes Report’’).
capture the entry corresponding to composite brake rotors that are made of
Bona Fide Sale Analysis
Qizheng’s sale to the United States. See gray cast iron, which contain a steel
Memorandum to Wendy J. Frankel, plate, but otherwise meet the above For the reasons stated below, we
Office Director, through Blanche Ziv, criteria. Excluded from the scope of this preliminarily find that Qizheng’s
Program Manager, from Jennifer Moats, order are brake rotors made of gray cast reported U.S. sale during the POR
Analyst, regarding, ‘‘Expansion of the iron, whether finished, semifinished, or appears to be bona fide based on the
Period of Review,’’ dated March 8, 2007. unfinished, with a diameter less than 8 totality of the facts on the record. In
Therefore, the POR for the semiannual inches or greater than 16 inches (less evaluating whether or not a single sale
new shipper review of Qizheng is April than 20.32 centimeters or greater than in a new shipper review is
1 through October 31, 2006. On March 40.64 centimeters) and a weight less commercially reasonable, and therefore
13, 2007, the Department selected India than 8 pounds or greater than 45 pounds bona fide, the Department considers,
as the most appropriate surrogate (less than 3.63 kilograms or greater than inter alia, such factors as: (1) The timing
country for the purposes of this review. 20.41 kilograms).2 of the sale; (2) the price and quantity; (3)
See Memorandum to the file through Brake rotors are currently classifiable the expenses arising from the
Wendy J. Frankel, Office Director, and under subheading 8708.39.50.30 of the transaction; (4) whether the goods were
Blanche Ziv, Program Manager, from Harmonized Tariff Schedule of the resold at a profit; and (5) whether the
Jennifer Moats, Analyst, regarding, United States (‘‘HTSUS’’).3 Although transaction was made on an arm’s–
‘‘Surrogate Country Selection,’’ dated the HTSUS subheading is provided for length basis. See Tianjin Tiancheng
March 13, 2007 (‘‘Surrogate Country convenience and customs purposes, the Pharmaceutical Co., Ltd. v. United
Selection Memo’’). On March 21 and written description of the scope of this States, 366 F. Supp. 2d 1246, 1250 (CIT
April 26, 2007, the Department issued order is dispositive. 2005), citing Am. Silicon Techs. v.
supplemental questionnaires to United States, 110 F. Supp. 2d 992, 995
Verification (CIT 2000). Accordingly, the
Qizheng. On May 11, 2007, the
Department published a notice As provided in section 782(i)(3) of the Department considers a number of
extending the deadline for the Tariff Act of 1930, as amended (the factors in its bona fides analysis, ‘‘all of
‘‘Act’’), and 19 CFR 351.307(b)(iv), the which may speak to the commercial
preliminary results to September 18,
Department conducted verification of realities surrounding an alleged sale of
2007. See Brake Rotors from the
Qizheng’s questionnaire responses at subject merchandise.’’ See Hebei New
People’s Republic of China: Notice of
the company’s facilities in Longkou, Donghua Amino Acid Co., Ltd. v. United
Extension of the Preliminary Results of
Shandong, PRC, from June 6 through 8, States, 374 F. Supp. 2d 1333, 1342 (CIT
Antidumping Duty New Shipper Review,
2007. We used standard verification 2005), citing Fresh Garlic from the PRC:
72 FR 26781 (May 11, 2007).
procedures, including on–site Final Results of Administrative Review
Scope of the Order inspection of the production facility and and Rescission of New Shipper Review,
The products covered by this order examination of the relevant sale and 67 FR 11283 (March 13, 2002), and
are brake rotors made of gray cast iron, financial records. Our verification accompanying Issues and Decision
whether finished, semifinished, or results are outlined in the verification Memorandum: New Shipper Review of
unfinished, ranging in diameter from 8 report, the public version of which is on Clipper Manufacturing Ltd.
file in the Central Records Unit (‘‘CRU’’) We preliminarily find that Qizheng’s
to 16 inches (20.32 to 40.64 centimeters)
located in room B–099 of the Main reported U.S. sale during the POR
and in weight from 8 to 45 pounds (3.63
Commerce Building. See Memorandum appears to be bona fide based on the
to 20.41 kilograms). The size parameters
to the File through Wendy Frankel, totality of the circumstances on the
(weight and dimension) of the brake
Office Director and Blanche Ziv, record. Specifically, we find that: (1)
rotors limit their use to the following
Program Manager from Jennifer Moats, The price of Qizheng’s sale was within
types of motor vehicles: automobiles,
the range of the prices of other entries
all–terrain vehicles, vans and Senior International Trade Analyst,
of subject merchandise from the PRC
recreational vehicles under ‘‘one ton regarding, ‘‘Verification of the Sales and
into the United States during the POR;
and a half,’’ and light trucks designated Factors Response of Longkou Qizheng
(2) the quantity of Qizheng’s sale was
as ‘‘one ton and a half.’’ Auto Part Co., Ltd. in the 2006
within the range of quantities of other
Finished brake rotors are those that Semiannual Antidumping Duty New
entries of subject merchandise from the
are ready for sale and installation
PRC into the United States during the
without any further operations. Semi– 2 On January 17, 2007, the Department

determined the brake rotors produced by Federal- POR; (3) the expenses arising from the
finished rotors are those on which the
Mogul and certified by the Ford Motor Company to transaction were not unusual; and (4)
surface is not entirely smooth, and have be excluded from the scope of the order. \ Qizheng’s sale was made between
undergone some drilling. Unfinished Memorandum from Blanche Ziv, Program Manager, unaffiliated parties at arm’s length. See
rotors are those which have undergone AD/CVD Operations, Office 8, through Wendy J.
Frankel, Office Director, AD/CVD Operations, Memorandum to Wendy Frankel, Office
some grinding or turning.
These brake rotors are for motor Office 8, to Stephen J. Claeys, Deputy Assistant Director, through Blanche Ziv, Program
vehicles, and do not contain in the
Secretary for Import Administration, entitled, Manager, from Jennifer Moats, Senior
‘‘Scope Ruling of the Antidumping Duty Order on International Trade Analyst, regarding,
casting a logo of an original equipment Brake Rotors from the People’s Republic of China;
manufacturer (‘‘OEM’’) which produces Federal-Mogul Corporation,’’ dated January 17, ‘‘Semiannual Antidumping Duty New
Shipper Review of the Antidumping
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vehicles sold in the United States. (e.g.,
General Motors, Ford, Chrysler, Honda,
3 As of January 1, 2005, the HTSUS classification Duty Order on Brake Rotors from the
for brake rotors (discs) changed from 8708.39.50.10 People’s Republic of China: Bona Fide
to 8708.39.50.30. As of January 1, 2007, the HTSUS
1 The petitioner in this proceeding is the classification for brake rotors (discs) changed from
Analysis of Longkou Qizheng Auto Parts
Coalition for the Preservation of American Brake 8708.39.50.30 to 8708.30.50.30. See HTSUS (2005), Co., Ltd.,’’ dated September 10, 2007
Drum and Rotor Aftermarket Manufacturers. available at http://www.usitc.gov. (‘‘Bona Fides Memo’’).

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54432 Federal Register / Vol. 72, No. 185 / Tuesday, September 25, 2007 / Notices

As discussed above, we found no India is a significant producer of brake examined at verification as discussed
evidence that the sale in question for rotors. See Surrogate Country Selection below.
Qizheng was not a bona fide sale. See Memo. Accordingly, we selected India
Absence of De Jure Control
Bona Fides Memo. Based on our as the primary surrogate country for
examination into the bona fide nature of purposes of valuing the factors of The Department considers the
the sale, the questionnaire responses production in the calculation of NV following de jure criteria in determining
submitted by Qizheng, and our because it meets the Department’s whether an individual company may be
verification thereof, we preliminarily criteria for surrogate–country selection. granted a separate rate: (1) An absence
determine that Qizheng has met the See Surrogate Country Selection Memo. of restrictive stipulations associated
requirements to qualify as a new We relied on public information with an individual exporter’s business
shipper during the POR. We have whenever possible. and export licenses; (2) any legislative
determined that Qizheng made its first In accordance with 19 CFR enactments decentralizing control of
sale and shipment of subject 351.301(c)(3)(ii), for the final results in companies; and (3) other formal
merchandise to the United States during a new shipper review, interested parties measures by the government
the POR, and that it was not affiliated may submit publicly available decentralizing control of companies. See
with any exporter or producer that had information to value the FOP within 20 Sparklers, 56 FR at 20589 (Comment 1).
previously shipped subject merchandise Qizheng placed a number of
days after the date of publication of
to the United States during the POR. documents on the record to demonstrate
these preliminary results.
Therefore, for purposes of these absence of de jure control, including the
preliminary results of review, pursuant Separate Rate ‘‘Company Law of the People’s Republic
to 19 CFR 351.214(b)(2), we are treating of China’’ (October 27, 2005), the
In proceedings involving NME ‘‘Foreign Trade Law of the People’s
Qizheng’s sale of brake rotors to the countries (see section 771(18) of the
United States as an appropriate Republic of China’’ (May 12, 1994), and
Act), the Department begins with a ‘‘Administrative Regulations of the
transaction for a new shipper review. rebuttable presumption that all People’s Republic of China Governing
Non–Market Economy Country companies within the country are the Registration of Legal Corporations’’
subject to government control and, thus, (July 1991). See Exhibits A–4, A–5, and
In every case conducted by the
should be assigned a single A–6 of Qizheng’s, Section A
Department involving the PRC, the PRC
antidumping duty rate unless an submission, dated January 16, 2007,
has been treated as an non–market
economy (‘‘NME’’) country. Pursuant to exporter can affirmatively demonstrate (‘‘Section A response’’). Qizheng also
section 771(18)(C)(i) of the Act, any an absence of government control, both submitted a copy of its business license
determination that a foreign country is in law (‘‘de jure’’) and in fact (‘‘de in Exhibit A–7 of its Section A response
a NME country shall remain in effect facto’’), with respect to its export that was issued by the local office of the
until revoked by the administering activities. For this new shipper review, State Administration of Industry and
authority. See, e.g., Freshwater Crawfish Qizheng submitted information in Commerce (‘‘SAIC’’) in Longkou City,
Tail Meat from the People’s Republic of support of its claim for a company– Shandong Province, China. Qizheng
China: Notice of Final Results of specific rate. Moreover, we examined stated that its business license is to
Antidumping Duty Administrative Qizheng’s claims for a separate rate at authorize the enterprise identified on
Review, 71 FR 7013 (February 10, 1006). verification. the license to engage in the activities
None of the parties in this review have Accordingly, we have considered listed on the license. The enterprise is
contested such treatment. Accordingly, whether Qizheng is independent from identified on the license by the
we calculated normal value (‘‘NV’’) in government control, and therefore enumeration of: (1) Its legal name; (2) its
accordance with section 773(c) of the eligible for a separate rate. To establish legal address; (3) the name of its legal
Act, which applies to NME countries. whether a firm is sufficiently representative; (4) its registered capital;
independent from government control (5) the nature of the enterprise; and (6)
Surrogate Country over its export activities to be entitled the scope of the enterprise’s business.
Section 773(c)(4) of the Act requires to a separate rate, the Department Qizheng also stated that its business
the Department to value an NME analyzes each entity exporting the license allows an enterprise to enter into
producer’s factors of production subject merchandise under a test arising contracts and conduct business
(‘‘FOP’’), to the extent possible, in one from the Notice of Final Determination activities in accordance with its terms
or more market economy countries that: of Sales at Less Than Fair Value: and no other company can use the
(1) Are at a level of economic Sparklers from the People’s Republic of business license that it uses. According
development comparable to that of the China, 56 FR 20588, 20589 (Comment 1) to Qizheng, there are no other
NME country, and (2) are significant (May 6, 1991) (‘‘Sparklers’’), as limitations or entitlements posed by the
producers of comparable merchandise. amplified by Notice of Final business license. We examined these
The Department has determined that Determination of Sales at Less Than statements and found no discrepancies
India, the Philippines, Indonesia, Egypt, Fair Value: Silicon Carbide from the at verification. See Qizheng Verification
and Sri Lanka are countries comparable People’s Republic of China, 59 FR Report at pages 5 - 9.
to the PRC in terms of economic 22585, 22586–7 (May 2, 1994) (‘‘Silicon We have reviewed Article 11 of
development. See Surrogate Country Carbide’’). In accordance with the Chapter II of the Foreign Trade Law,
Selection Memo. Customarily, we select separate–rate criteria, the Department which states, ‘‘foreign trade dealers
an appropriate surrogate country from assigns separate rates in NME cases only shall enjoy full autonomy in their
the Surrogate Country Memo based on if the respondent can demonstrate the business operation and be responsible
the availability and reliability of the absence of both de jure and de facto for their own profits and losses in
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data from countries that are significant government control over export accordance with the law.’’ As in prior
producers of comparable merchandise. activities. Qizheng provided complete cases, we have analyzed such PRC laws
In this case, based on publicly available separate–rate information in its and found that they establish an absence
information placed on the record (e.g., responses to our original questionnaire, of de jure control. See, e.g., Pure
world production data), we found that supplemental questionnaires, and as Magnesium from the People’s Republic

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Federal Register / Vol. 72, No. 185 / Tuesday, September 25, 2007 / Notices 54433

of China: Final Results of Antidumping fact, over Qizheng’s export activities, we include, but are not limited to: (1) Hours
Duty New Shipper Review, 63 FR 3085, preliminarily determine that Qizheng of labor required; (2) quantities of raw
3086 (January 21, 1998), and has met the criteria for the application materials employed; (3) amounts of
Preliminary Results of Antidumping of a separate rate. energy and other utilities consumed;
Duty New Shipper Review: Certain and (4) representative capital costs,
Fair Value Comparisons
Preserved Mushrooms From the People’s including depreciation. See section
Republic of China, 66 FR 30695, 30696 To determine whether Qizheng’s sale 773(c)(3) of the Act. We used FOPs
(June 7, 2001), unchanged in Final of brake rotors to the United States was reported by Qizheng for materials,
Results of New Shipper Review: Certain made at a price below NV, we compared energy, labor, and packing. To calculate
Preserved Mushrooms From the People’s its U.S. price to NV, as described in the NV, we multiplied the reported unit
Republic of China, 66 FR 45006 (August ‘‘Export Price’’ and ‘‘Normal Value’’ factor quantities by publicly available
27, 2001). Therefore, we preliminarily sections of this notice, pursuant to Indian values.
determine that there is an absence of de section 773 of the Act. In selecting the surrogate values, we
jure control over the export activities of considered the quality, specificity, and
Export Price
Qizheng. contemporaneity of the data, in
For Qizheng, we based U.S. price on accordance with our standard practice.
Absence of De Facto Control export price (‘‘EP’’) in accordance with See, e.g., Fresh Garlic from the People’s
Typically, the Department considers section 772(a) of the Act, because the Republic of China: Final Results of
four factors in evaluating whether a first sale to an unaffiliated purchaser Antidumping Duty New Shipper Review,
respondent is subject to de facto was made prior to importation, and 67 FR 72139 (December 4, 2002), and
government control of its export constructed export price (‘‘CEP’’) was accompanying Issues and Decision
functions: (1) Whether the export prices not otherwise warranted by the facts on Memorandum at Comment 6; and
are set by, or subject to, the approval of the record. We calculated EP based on Certain Preserved Mushrooms from
a government authority; (2) whether the the packed price from Qizheng to the China Final Results of First New
respondent has authority to negotiate first unaffiliated customer in the United Shipper Review and First Antidumping
and sign contracts, and other States. We deducted foreign inland Duty Administrative Review: Certain
agreements; (3) whether the respondent freight, foreign brokerage and handling Preserved Mushrooms From the People’s
has autonomy from the government in expenses, international freight, and Republic of China, 66 FR 31204 (June
making decisions regarding the marine insurance from the starting price 11, 2001), and accompanying Issues and
selection of its management; and (4) (‘‘gross unit price’’), in accordance with Decision Memorandum at Comment 5.
whether the respondent retains the section 772(c) of the Act. When we used publicly available
proceeds of its export sales and makes Because foreign inland freight and import data from the Ministry of
independent decisions regarding foreign brokerage and handling Commerce of India (‘‘Indian Import
disposition of profits or financing of expenses were provided by PRC service Statistics’’) for April through October
losses. See Silicon Carbide, 59 FR at providers or paid for in renminbi, we 2006 to value inputs sourced
22586–87. Therefore, the Department valued these services using Indian domestically by PRC suppliers, we
has determined that an analysis of de surrogate values (see ‘‘Factor added to the Indian surrogate values a
facto control is critical in determining Valuations’’ section below for further surrogate freight cost calculated using
whether a respondent is, in fact, subject discussion). For expenses provided by a the shorter of the reported distance from
to a degree of government control that market economy provider and paid for the domestic supplier to the factory or
would preclude the Department from in market economy currency (i.e., the distance from the nearest port of
assigning it a separate rate. international freight and marine export to the factory. See Sigma Corp. v.
The respondent has asserted the insurance), we used the actual price United States, 117 F. 3d 1401, 1408
following: (1) It is a privately owned paid for the input, pursuant to 19 CFR (Fed. Cir. 1997) (‘‘Sigma’’). In instances
sino–foreign joint venture company; (2) 351.408(c)(1). See also Lasko Metal where we relied on Indian import data
there is no government participation in Products v.(roman) United States, 43 to value inputs, in accordance with the
its setting of export prices; (3) its general F3d 1442, 1445–46 (Fed. Cir. 1994). Department’s practice, we excluded
manager has the authority to sign export imports from NME countries and
contracts; (4) the board of directors Normal Value countries that we have reason to believe
appointed the general manager, who Section 773(c)(1) of the Act provides or suspect may be subsidized (i.e.,
selected the other managers, and that the Department shall determine NV Indonesia, South Korea, and Thailand).
Qizheng informs SAIC of the changes to using an FOP methodology if the We have found in other proceedings
update its business license; (5) there are merchandise is exported from an NME that these countries maintain broadly
no restrictions on the use of its export country and the information does not available, non–industry-specific
revenue; and (6) the shareholders decide permit the calculation of NV using subsidies and therefore, there is reason
how profits will be used. See Section A home–market prices, third–country to believe or suspect all exports to all
response at pages A–2 through A–9; see prices, or constructed value under export markets from these countries
also Qizheng Verification Report at section 773(a) of the Act. The may be subsidized. See e.g., Certain
pages 5 - 9. We have examined the Department will base NV on the FOPs Helical Spring Lock Washers From The
documentation provided and find that it because the presence of government People’s Republic of China; Final
demonstrates that Qizheng’s pricing is controls on various aspects of these Results of Antidumping Administrative
not subject to de facto control. economies renders price comparisons Review, 61 FR 66255, 66256 (Comment
Therefore, we preliminarily determine and the calculation of production costs 1) (December 17, 1996). Finally, we
that there is an absence of de facto excluded imports that were labeled as
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invalid under its normal methodologies.

control over the export activities of originating from an ‘‘unspecified’’
Qizheng. Factor Valuations country from the average value, because
Consequently, because evidence on In accordance with section 773(c)(1) we could not be certain that they were
the record indicates an absence of of the Act, we calculated NV based on not from either an NME or a country
government control, both in law and in the FOPs reported by Qizheng. FOPs with general export subsidies.

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54434 Federal Register / Vol. 72, No. 185 / Tuesday, September 25, 2007 / Notices

For a complete discussion of the publicly available, and are handling expenses specific to brake
import data that we excluded from our contemporaneous with the POR. See rotors on the record of this review.
calculation of surrogate values, see Final Determination of Sales at Less Therefore, the Department used two
‘‘Memorandum to the File: 2006 Than Fair Value and Final Partial sources to calculate a surrogate value for
Semiannual New Shipper Review of Affirmative Determination of Critical domestic brokerage expenses: (1) Data
Brake Rotors from the PRC: Factor Circumstances: Diamond Sawblades from the January 9, 2006, Section C
Valuation for the Preliminary Results,’’ and Parts Thereof from the People’s questionnaire response public version
dated concurrently with this notice Republic of China, 71 FR 29303 (May from Kejriwal Paper Ltd.4 (‘‘Kejriwal’’);
(‘‘Factor Valuation Memo’’). This 22, 2006), and the accompanying Issues and (2) data from Agro Dutch Industries
memorandum is on file in the CRU. and Decision Memorandum at Comment Ltd. for the period of review February 1,
Where we could not obtain publicly 1 (where the Department stated that it 2004, through January 31, 2005 (see
available information contemporaneous is the Department’s policy to use data Certain Preserved Mushrooms From
with the POR to value FOPs, we from market economy surrogate India: Final Results of Antidumping
adjusted the surrogate values using the companies based on the ‘‘specificity, Duty Administrative Review, 70 FR
Indian Wholesale Price Index (‘‘WPI’’) contemporaneity, and quality of the 37757 (June 30, 2005) (unchanged from
as published in the International data.’’) From these financial statements Certain Preserved Mushrooms from
Financial Statistics of the International we were able to determine factory India: Preliminary Results of
Monetary Fund available at http:// overhead as a percentage of the total raw Antidumping Duty Administrative
ifs.apdi.net/imf, for those surrogate materials, labor, and energy (‘‘MLE’’) Review, 70 FR 10597 (March 4, 2005)).
values in Indian rupees. See Factor costs; selling, general and See Factor Valuation Memo at page 6
Valuation Memo at Exhibit 2. We made administrative expenses (‘‘SG&A’’) as a and Exhibit 7. Because these values
currency conversions, where necessary, percentage of MLE plus overhead (i.e., were not contemporaneous with the
pursuant to 19 CFR 351.415, to U.S. cost of manufacture); and the profit rate POR of this new shipper review, we
dollars using the daily exchange rate as a percentage of the cost of adjusted these rates for inflation using
corresponding to the reported date of manufacture plus SG&A. See Factors the WPI for India as published in the
the sale. We relied on the daily Valuation Memo for a full discussion of International Monetary Fund’s
exchanges rates posted on the Import the calculation of these ratios. Where International Financial Statistics, and
Administration Web site (http:// appropriate, we did not include in the then calculated a simple average of the
ia.ita.doc.gov). See Factor Valuation surrogate overhead and SG&A two companies’ brokerage expense data.
Memo. calculations the excise duty amount See id. at page 6 and Exhibit 7.
We valued pig iron, steel scrap, listed in the financial reports. Section 351.408(c)(3) of the
ferrosilicon, ferromanganese, limestone, The Department valued truck freight Department’s regulations requires the
lubricating oil, coke, and firewood with using Indian freight rates published by use of a regression–based wage rate.
the weighted average of the import Indian Freight Exchange available at Therefore, to value the labor input, the
volume and value from the Indian http://www.infreight.com. See Factor Department used the regression–based
Import Statistics. See id. at Attachment Valuation Memo at Exhibit 8. This wage rate for the PRC published by
3. source provided daily rates from six Import Administration on our website.
We valued electricity using the 2000 major points of origins to six The source of the wage rate data is the
electricity price in India reported by the destinations in India for the period Yearbook of Labour Statistics 2004,
International Energy Agency statistics April through October 2005. We published by the International Labour
for Energy Prices & Taxes, Third Quarter averaged the monthly rates for each rate Office (‘‘ILO’’) (Geneva: 2004), Chapter
2003. We inflated the value for observation to obtain the surrogate 5B: Wages in Manufacturing. See the
electricity using the POR average WPI value. Because these values were not Expected Wages of Selected NME
for India. See id. at Attachment 5. contemporaneous with the POR of this
We valued packing materials Countries (revised January 2007)
new shipper review, we adjusted the available at: http://ia.ita.doc.gov/wages.
including plastic bags, plastic wrap, surrogate value for inflation using the
cartons, tape, plywood, nails, steel Because the regression–based wage rate
WPI for India. does not separate the labor rates into
strap, and buckles with the weighted In calculating the freight rate for truck
average of the import volume and value different skill levels or types of labor,
shipments, we used the shorter of the
from the Indian Import Statistics. See id. we applied the same wage rate to all
reported distance from the domestic
at Attachment 4. In addition, with skill levels and types of labor reported
supplier to the factory or the distance
respect to plastic wrap, we valued this by each respondent.
from the nearest seaport to the factory,
input using ‘‘partial facts available.’’ For in accordance with the Court of Appeals Application of Facts Available
further information on the valuation of for the Federal Circuit’s decision in Section 776(a)(1) of the Act provides
plastic wrap, see the ‘‘Facts Available’’ Sigma, 117 F.3d at 1408. To derive the that if ‘‘necessary information is not
section of this notice. freight cost for each material input, the available on the record,’’ the
Petitioner submitted financial Department multiplied the surrogate Department shall, subject to subsection
information for two Indian producers of freight value per kilogram by the Sigma
identical and comparable merchandise: freight. The Department added the 4 Kejriwal was a respondent in the certain lined
Bosch Chassis Systems India Ltd. freight expense to the cost of the paper products from India investigation for which
(‘‘Bosch’’) and Rico Auto Industries material input to determine gross the period of investigation was July 1, 2004, to June
Limited (‘‘Rico’’) for the year ending material costs. Where there were 30, 2005. See Notice of Preliminary Determination
of Sales at Less Than Fair Value, Postponement of
March 31, 2006. See Petitioner’s multiple suppliers of an input, we Final Determination, and Affirmative Preliminary
submission dated January 19, 2007. We calculated a weighted–average distance.
yshivers on PROD1PC62 with NOTICES

Determination of Critical Circumstances in Part:

preliminarily determine that both See Id. at 9. Certain Lined Paper Products From India, 71 FR
Bosch’s and Rico’s financial statements The data we used for brokerage and 19706 (April 17, 2006) (unchanged in Notice of
Final Determination of Sales at Less Than Fair
are the best available information with handling expenses are not specific to Value, and Negative Determination of Critical
which to calculate financial ratios the subject merchandise; however, there Circumstances: Certain Lined Paper Products from
because they appear to be complete, are is no information on brokerage and India, 71 FR 45012 (August 8, 2006).

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Federal Register / Vol. 72, No. 185 / Tuesday, September 25, 2007 / Notices 54435

782(d) of the Act, ‘‘use the facts wrap has an insignificant impact on the Avenue NW., Washington, DC 20230.
otherwise available’’ in reaching the FOP calculations. Individuals who wish to request a
applicable determination. Further, It is the Department’s practice to hearing must submit a written request
section 782(e) of the Act states that the calculate the dumping margin based on within 30 days of the publication of this
Department shall not decline to the surrogate value that most accurately notice in the Federal Register to the
consider information deemed represents the materials used. See Assistant Secretary for Import
‘‘deficient’’ under section 782(d) if: (1) section 773(c)(2) of the Act. Thus, as Administration, U.S. Department of
The information is submitted by the partial facts available, the Department Commerce, Room 1870, 14th Street and
established deadline; (2) the information has calculated a simple average of the Constitution Avenue, NW., Washington,
can be verified; (3) the information is two available surrogate values from the DC 20230. Requests for a public hearing
not so incomplete that it cannot serve as Indian Import Statistics for thick and should contain: (1) The party’s name,
a reliable basis for reaching the thin plastic wrap, and has applied the address, and telephone number; (2) the
applicable determination; (4) the resulting average to Qizheng’s reported number of participants; and (3) to the
interested party has demonstrated that it combined usage of thin and thick plastic extent practicable, an identification of
acted to the best of its ability; and (5) wrap used to pack the subject the arguments to be raised at the
the information can be used without merchandise sold to the United States hearing. If a hearing is held, an
undue difficulties. For these during the POR. See Factor Valuation interested party must limit its
preliminary results, in accordance with Memo at 4 and Exhibit 4. presentation only to arguments raised in
sections 776(a)(1) and 782(e) of the Act, its briefs. Parties should confirm by
we have determined that the use of Preliminary Results of Review telephone the time, date, and place of
partial facts available is appropriate for We preliminarily determine that the the hearing 48 hours before the
applying a surrogate value to Qizheng’s following antidumping duty margin scheduled time.
reported plastic wrap usage for the exists: The Department will issue the final
reasons discussed below. results of this new shipper review,
Exporter Margin which will include the results of its
Plastic Wrap analysis of issues raised in the briefs,
In its original Section D questionnaire Longkou Qizheng Auto within 90 days from the publication
response dated January 16, 2007 Parts Co., Ltd. ........... 0.0% date of the preliminary results, unless
(‘‘Section D response’’), Qizheng the time limit is extended.
reported the total volume of ‘‘plastic For details on the calculation of the
wrap’’ used by the company as one FOP. antidumping duty weighted–average Assessment Rate
At verification, the Department found margin for Qizheng, see Memorandum Pursuant to 19 CFR 351.212(b), the
that Qizheng used two types of plastic to The File through Blanche Ziv, Department will determine, and CBP
wrap (i.e., thin plastic wrap and thick Program Manager, from Jennifer Moats, shall assess, antidumping duties on all
plastic wrap) to pack the brake rotors Senior International Trade Analyst, appropriate entries. The Department
that it shipped to the United States, and regarding the ‘‘Analysis for the intends to issue assessment instructions
that both types of plastic wrap were Preliminary Results of the 2006 directly to CBP 15 days after the date of
included in the single variable reported Semiannual New Shipper Review of the publication of the final results of this
by Qizheng. See Qizheng Verification Antidumping Duty Order on Brake new shipper review. For assessment
Report at page 23. Company officials Rotors from the People’s Republic of purposes, we will calculate an
stated, and the Department verified, that China: Longkou Qizheng Auto Parts Co., importer–specific assessment rate for
both types of plastic wrap are accounted Ltd.,’’ dated concurrently with this brake rotors from the PRC on a per–unit
for in the one FOP that it reported. The notice. A public version of this basis. Specifically, we will divide the
Department normally would use a memorandum is on file in the CRU. total dumping margin (calculated as the
different surrogate value for thick Schedule for the Final Results of difference between normal value and
plastic wrap versus thin plastic wrap. Review the export price) for the importer by the
However, because both types of plastic total quantity of subject merchandise
wrap are combined in a single reported Unless otherwise notified by the sold to that importer during the POR to
FOP, it is not possible at this point to Department, interested parties may calculate a per–unit assessment amount.
determine the volume of thin versus submit case briefs within 30 days of the We will direct CBP to assess
thick plastic wrap used by the date of publication of this notice in antidumping duties based on the
respondent. As a result, it will be accordance with 19 CFR 351.309(c)(ii). resulting per–unit (i.e., per–piece) rate
necessary to use ‘‘facts available’’ in As part of the case brief, parties are by the weight in kilograms of the entry
applying the surrogate value for plastic encouraged to provide a summary of the of the subject merchandise during the
wrap. arguments not to exceed five pages and POR, if any importer–specific
We determine that non–adverse a table of statutes, regulations, and cases assessment rate calculated in the final
partial facts available should be applied cited. Rebuttal briefs, which must be results of review is above de minimis.
in this case for the following reasons: limited to issues raised in the case
the respondent reported the total briefs, must be filed within five days Cash Deposit
volume of plastic wrap (thick and thin); after the case brief is filed. See 19 CFR The following cash–deposit
there is no indication that the 351.309(d). requirements will be effective upon
respondent misrepresented the type of Any interested party may request a publication of these final results for
wrap reported; rather, it simply reported hearing within 30 days of publication of shipments of the subject merchandise
its total use of ‘‘plastic wrap≥; the this notice in accordance with 19 CFR entered, or withdrawn from warehouse,
yshivers on PROD1PC62 with NOTICES

Department is satisfied with the 351.310(c). Any hearing would normally for consumption on or after the
accuracy of Quizheng’s FOP data with be held 37 days after the publication of publication date of the final results, as
respect to all other FOPs; the difference this notice, or the first workday provided by section 751(a)(2)(C) of the
in the application of the surrogate value thereafter, at the U.S. Department of Act: (1) For subject merchandise
for thin plastic wrap versus thick plastic Commerce, 14th Street and Constitution produced and exported by Qizheng, the

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54436 Federal Register / Vol. 72, No. 185 / Tuesday, September 25, 2007 / Notices

cash deposit rate will be zero percent; Avenue, NW., Washington, DC 20230; DEPARTMENT OF COMMERCE
(2) for subject merchandise exported by telephone: (202) 482–1442 and (202)
Qizheng but not produced by Qizheng, 482–4047, respectively. International Trade Administration
the cash deposit rate will be the PRC–
Background Environmental Technologies Trade
wide rate; (3) the cash deposit rate for
PRC exporters who received a separate Advisory Committee (ETTAC)
On July 3, 2007, the Department of
rate in a prior segment of the proceeding Commerce (‘‘Department’’) published
will continue to be the rate assigned in AGENCY:International Trade
the preliminary results of the new Administration, U.S. Department of
that segment of the proceeding; (4) for shipper review of the antidumping duty
all other PRC exporters of subject Commerce.
order on honey from the People’s
merchandise which have not been Republic of China for the period ACTION: Notice of open meeting.
found to be entitled to a separate rate, December 1, 2005, through June 30,
the cash–deposit rate will be the PRC– 2006. See Honey from the People’s Dates: September 28, 2007.
wide rate of 43.32 percent; and (5) for Republic of China: Preliminary Results Time: 9 a.m. to 3 p.m.
all non–PRC exporters of subject of Antidumping Duty New Shipper Place: Department of Commerce, 14th
merchandise, the cash–deposit rate will Review, 72 FR 36422 (July 3, 2007) and Constitution, NW., Washington, DC
be the rate applicable to the PRC (‘‘Preliminary Results’’). The final 20230, Room 4830.
supplier of that exporter. These deposit results of this new shipper review are
requirements shall remain in effect until currently due by September 24, 2007. SUMMARY: The Environmental
further notice. Technologies Trade Advisory
Extension of Time Limits for Final Committee (ETTAC) will hold a plenary
Notification to Interested Parties Results meeting on September 28, 2007, at the
This notice also serves as a U.S. Department of Commerce, 14th
Section 751(a)(2)(B)(iv) of the Tariff
preliminary reminder to the importer of Street and Constitution Avenue, NW.,
Act of 1930, as amended (‘‘the Act’’),
its responsibility under 19 CFR Washington, DC 20230, in Room 4830.
and 19 CFR 351.214(i)(1) require the
351.402(f)(2) to file a certificate The ETTAC will discuss updated
Department to issue the preliminary
regarding the reimbursement of negotiations in the World Trade
results of a new shipper review within
antidumping duties prior to liquidation Organization’s environmental goods and
180 days after the date on which the
of the relevant entry during this review services trade liberalization, among
new shipper review was initiated and
period. Failure to comply with this other administrative committee priority
final results of a review within 90 days
requirement could result in the items. The meeting is open to the public
after the date on which the preliminary
Secretary’s presumption that and time will be permitted for public
results were issued. The Department
reimbursement of the antidumping comment.
may, however, extend the deadline for
duties occurred and the subsequent Written comments concerning ETTAC
completion of the final results of a new
assessment of double antidumping affairs are welcome anytime before or
shipper review to 150 days if it
duties. after the meeting. Minutes will be
determines that the case is
This new shipper review and this available within 30 days of this meeting.
extraordinarily complicated (19 CFR
notice are published in accordance with
351.214 (i)(2)). The ETTAC is mandated by Public
sections 751(a)(2)(B) and 777(i)(1) of the
The Department has determined that Law 103–392. It was created to advise
the review is extraordinarily the U.S. government on environmental
Dated: September 18, 2007. trade policies and programs, and to help
complicated, as the Department must
David M. Spooner, consider numerous arguments presented it to focus its resources on increasing
Assistant Secretary for Import in the respondent’s August 2, 2007, case the exports of the U.S. environmental
Administration. brief and the petitioners’ August 8, industry. ETTAC operates as an
[FR Doc. E7–18842 Filed 9–24–07; 8:45 am] 2007, rebuttal brief, including issues advisory committee to the Secretary of
BILLING CODE 3510–DS–S related to factors of production, Commerce and the Trade Promotion
completeness, and the application of Coordinating Committee (TPCC).
adverse facts available. Based on the ETTAC was originally chartered in May
DEPARTMENT OF COMMERCE timing of the case, the final results of of 1994. It was most recently rechartered
this new shipper review cannot be until September 2008.
International Trade Administration
completed within the statutory time For further information phone Ellen
[A–570–863] limit of 90 days. Accordingly, the Bohon, Office of Energy and
Department is extending the time limit Environmental Technologies Industries
Notice of Extension of the Final for the completion of the final results by (OEEI), International Trade
Results of Antidumping Duty New 30 days from the original September 24, Administration, U.S. Department of
Shipper Review: Honey From the 2007, deadline, to October 24, 2007, in Commerce at (202) 482–0359. This
People’s Republic of China accordance with section 751(a)(2)(B)(iv) meeting is physically accessible to
AGENCY: Import Administration, of the Act and 19 CFR 351.214(i)(2). people with disabilities. Requests for
International Trade Administration, This notice is published pursuant to sign language interpretation or other
Department of Commerce. sections 751(a)(2)(B)(iv) and 777(i)(1) of auxiliary aids should be directed to
EFFECTIVE DATE: September 25, 2007.
the Act. OEEI at (202) 482–5225.
FOR FURTHER INFORMATION CONTACT: Erin Dated: September 18, 2007. Dated: September 18, 2007.
yshivers on PROD1PC62 with NOTICES

C. Begnal or Michael Quigley; AD/CVD Stephen J. Claeys, Jerome S. Morse,

Operations, Office 9, Import Deputy Assistant Secretary for Import Acting Director, Office of Energy and
Administration, International Trade Administration. Environmental Industries.
Administration, U.S. Department of [FR Doc. E7–18875 Filed 9–24–07; 8:45 am] [FR Doc. E7–18852 Filed 9–24–07; 8:45 am]
Commerce, 14th Street and Constitution BILLING CODE 3510–DS–P BILLING CODE 3510–DR–P

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