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Federal Register / Vol. 70, No.

245 / Thursday, December 22, 2005 / Notices 76027

Harmonized Tariff Schedule of the on-steel cooking ware from the People’s Shanghai Ping An Enamel Products
United States (‘‘HTS’’). Republic of China (‘‘PRC’’). The Co.,’’ dated December 12, 2005 (‘‘Ping
Department has preliminarily An Verification Report’’). On December
Japan (A–588–707)
determined that Shanghai Watex Metal 13, 2005, petitioner submitted
The merchandise covered by this Products Co. Ltd. (‘‘Watex’’), the only comments on the Department’s
order is PTFE Resin, filled or unfilled, respondent in this review, is not verification reports.
from Japan. PTFE Resin dispersions in entitled to a separate rate. In addition,
water and PTFE Resin fine powders are Period of Review
the Department has determined to apply
excluded from the order. The adverse facts available to Watex. If these The POR is December 1, 2003,
merchandise covered by this preliminary results are adopted in the through November 30, 2004.
antidumping duty order is currently final results of this review, the Scope of Order
classifiable under subheading Department will instruct U.S. Customs
3904.61.00 of the HTS. and Border Protection (‘‘CBP’’) to assess The merchandise covered by this
antidumping duties on entries of subject order is porcelain–on-steel cooking ware
Determinations from the PRC, including tea kettles,
merchandise during the period of
As a result of the determinations by review (‘‘POR’’). Interested parties are which do not have self–contained
the Department and the ITC that invited to comment on these electric heating elements. All of the
revocation of these antidumping duty preliminary results. See the foregoing are constructed of steel and
orders would likely lead to continuation ‘‘Preliminary Results of Review’’ section are enameled or glazed with vitreous
or recurrence of dumping, and to of this notice. glasses. The merchandise is currently
material injury to an industry in the classifiable under the United States
EFFECTIVE DATE: December 22, 2005.
United States, pursuant to section Harmonized Tariff Schedule (‘‘USHTS’’)
751(d)(2) of the Act, the Department FOR FURTHER INFORMATION CONTACT: P. item 7323.94.00. USHTS item numbers
hereby orders the continuation of the Lee Smith or Scot Fullerton, AD/CVD are provided for convenience and
antidumping duty orders on PTFE Resin Operations, Import Administration, customs purposes. The written
from Italy and Japan. International Trade Administration, description of the scope remains
U.S. Customs and Border Protection U.S. Department of Commerce, 14th dispositive.
will continue to collect antidumping Street and Constitution Avenue, NW,
duty cash deposits at the rates in effect Washington, DC 20230; telephone: (202) Non–Market Economy
at the time of entry for all imports of 482–1655 or (202) 482–1386, In every case conducted by the
subject merchandise. respectively. Department involving the PRC, the PRC
The effective date of continuation of SUPPLEMENTARY INFORMATION: has been treated as a non–market
these orders will be the date of economy (‘‘NME’’). Pursuant to section
publication in the Federal Register of Background 771(18)(C)(i) of Tariff Act of 1930, as
this ‘‘Notice of Continuation.’’ Pursuant In response to a request from amended (‘‘the Act’’), any determination
to sections 751(c)(2) and 751(c)(6)(A) of Columbian Home Products, LLC that a foreign country is an NME
the Act, the Department intends to (‘‘petitioner’’), the Department of country shall remain in effect until
initiate the next five–year reviews of Commerce (the ‘‘Department’’) initiated revoked by the administering authority.
these orders not later than November an administrative review of Shanghai See Fresh Garlic from the People’s
2010. Watex Metal Products Co., Ltd.’s Republic of China: Preliminary Results
These five–year (sunset) reviews and (‘‘Watex’’) exports of merchandise of Antidumping Duty Administrative
this notice are published in accordance covered by the antidumping duty order Review and Rescission in Part, 69 FR
with sections 751(c) and 777(i)(1) of the on porcelain–on-steel cooking ware 70638 (December 7, 2004). None of the
Act. from the PRC. See Initiation of parties to this proceeding has contested
Dated: December 15, 2005. Antidumping and Countervailing Duty such treatment. Accordingly, we
Stephen J. Claeys, Administrative Reviews, 70 FR 4818 calculated normal value (‘‘NV’’) in
(January 31, 2005) (‘‘Initiation Notice’’). accordance with section 773(c) of the
Acting Assistant Secretary for Import
On February 3, 2005, the Department Act, which applies to NME countries.
Administration.
issued its antidumping duty
[FR Doc. E5–7710 Filed 12–21–05; 8:45 am]
questionnaire to Watex, and received Surrogate Country
Billing Code: 3510–DS–S On April 15, 2005, the Department
the company’s response to section A on
February 24, 2005, and sections C and provided interested parties the
D on March 14, 2005. The Department opportunity to submit comments
DEPARTMENT OF COMMERCE
issued additional supplemental regarding the selection of a surrogate
International Trade Administration questionnaires to Watex and received country and factor valuation in these
responses on April 11, May 23, July 19, preliminary results. On July 1, 2005,
[A–570–506] September 12, and October 5, 2005. Watex submitted publicly available
The Department conducted information for factor valuation. In its
Porcelain-on-Steel Cooking Ware from verification of Watex’s questionnaire submission, Watex included publicly
the People’s Republic of China: Notice responses from October 24 to October available Indonesian import statistics
of Preliminary Results of Antidumping 26, 2005. See ‘‘Verification Report for obtained from the World Trade Atlas.
Duty Administrative Review Shanghai Watex Metal Co., Ltd.,’’ dated On May 6, 2005, petitioner submitted
AGENCY: Import Administration, December 12, 2005 (‘‘Watex Verification publicly available information for
International Trade Administration, Report’’). The Department conducted surrogate country selection. In its
cchase on PROD1PC60 with NOTICES

Department of Commerce. verification of Watex’s questionnaire submission, petitioner argued that India
SUMMARY: The Department of Commerce responses regarding its producer should be selected as the surrogate
(‘‘the Department’’) is conducting an Shanghai Ping An Enamel Products Co. country in this review because India is
administrative review of the (‘‘Ping An’’), from October 26 to October at a comparable level of economic
antidumping duty order on porcelain– 28, 2005. See ‘‘Verification Report for development to the PRC, a significant

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76028 Federal Register / Vol. 70, No. 245 / Thursday, December 22, 2005 / Notices

producer of comparable merchandise, October 24, 2005, through October 26, their shareholdings and that the
and has better availability and quality of 2005, and its affiliated producer, Ping company shall be liable for its debts to
data to value the factors of production An, from October 26, 2005, through the extent of all its assets. Therefore,
than Indonesia. On August 5, 2005, October 28, 2005, using standard based on the record evidence, the
petitioner submitted publicly available verification procedures, including on– Department preliminarily determines
information for factor valuation. In its site inspection of the manufacturer’s that there is an absence of de jure
submission, petitioner included the facilities and the examination of control over the export activities of
financial statements for Kishco Cutlery relevant sales and financial records. For Watex.
Ltd., an Indian producer of comparable more information, see Watex
De Facto Control
merchandise, and publicly available Verification Report, Ping An
Indian import statistics. On September Verification Report, and the A determination of absence of de
29, 2005, the Department issued a ‘‘Application of Adverse Facts facto government control over exports is
supplemental questionnaire requesting Available’’ section below. based on the following four factors: (1)
both petitioner and respondent to clarify The verification results are on file in whether each exporter sets its own
their surrogate value submissions. On the main Department of Commerce export prices independently of the
October 5, 2005, petitioner and building, in the Central Records Unit, government and without the approval of
respondent submitted their responses to Room B–099. a government authority; (2) whether
the Department’s surrogate value each exporter retains the proceeds from
Separate Rates its sales and makes independent
supplemental questionnaire. The
Department received no other comments To establish whether a company decisions regarding the disposition of
regarding surrogate country or factor operating in an NME is sufficiently profits or financing of losses; (3)
valuation. independent from government control whether each exporter has the authority
Section 773(c)(4) of the Act requires to be entitled to a separate rate, the to negotiate and sign contracts and other
the Department to value an NME Department analyzes each exporting agreements; and (4) whether each
producer’s factors of production entity under the test established in the exporter has autonomy from the
(‘‘FOP’’), to the extent possible, in one Final Determination of Sales at Less government regarding the selection of
or more market–economy countries that: Than Fair Value: Sparklers from the management. See Final Determination
(1) are at a level of economic People’s Republic of China, 56 FR 20588 of Sales at Less than Fair Value: Certain
development comparable to that of the (May 6, 1991), as amplified by the Final Cut–to-Length Carbon Steel Plate from
NME country; and (2) are significant Determination of Sales at Less Than Ukraine, 62 FR 61754, 61758 (November
producers of comparable merchandise. Fair Value: Silicon Carbide from the 19, 1997).
Import Administration’s Office of Policy People’s Republic of China, 59 FR 22585 Watex asserted the following: (1) it
issued a memorandum listing (May 2, 1994). Under the separate rates establishes its own export prices; (2) it
appropriate surrogate countries. See criteria, the Department assigns separate negotiates contracts without guidance
Memorandum from Ron Lorentzen to rates in NME cases only if the from any governmental entities or
Carrie Blozy regarding the respondent can demonstrate the absence organizations; (3) it makes its own
Administrative Review of Porcelain–on- of both de jure and de facto personnel decisions; and (4) it retains
Steel Cooking Ware (‘‘Cooking Ware’’) governmental control over export the proceeds of its export sales, uses
from the People’s Republic of China activities. profits according to its business needs,
(PRC): Request for a List of Surrogate and has the authority to sell its assets
De Jure Control and to obtain loans. However, Watex
Countries, dated April 5, 2005. The
memorandum lists five countries, Evidence supporting, though not provided the Department with
including India and Indonesia. In requiring, a finding of absence of de jure information about its corporate structure
previous reviews of this order the government control over export and ownership that could not be
Department has chosen Indonesia as a activities includes: (1) an absence of verified and withheld information
surrogate country for the PRC. However, restrictive stipulations associated with regarding an affiliate. See Memorandum
during this review, information was an individual exporter’s business and from James C. Doyle to Stephen J.
placed on the record demonstrating that export licenses; (2) any legislative Claeys: Porcelain–On-Steel Cooking
India was a more appropriate surrogate enactments decentralizing control of Ware from the People’s Republic of
country. Based on this information, the companies; and (3) any other formal China: Preliminary Application of
Department has selected India as the measures by the government Adverse Facts Available to Shanghai
primary surrogate country for purposes decentralizing control of companies. Watex Metal Products Co., Ltd., dated
of this review. For further discussion of In its questionnaire responses, Watex December 15, 2005 (‘‘AFA Memo’’).
our surrogate country selection, see stated that it is an independent legal Because we have been unable to fully
Memorandum from Joshua T. Pierce entity. The business license of Watex analyze Watex’s corporate structure due
through Christopher Riker and James C. indicates that it is permitted to engage to the respondent’s uncooperativeness,
Doyle to the File regarding the in the exportation of porcelain–on-steel and have been unable to establish who
Antidumping Duty Administrative cooking ware. Evidence placed on the the true owners of the respondent are,
Review of Porcelain–on-Steel Cooking record provides no indication of de jure the Department must conclude that the
Ware from the People’s Republic of governmental control restricting Watex’s company has not satisfactorily
China: Selection of a Surrogate Country, exportation of porcelain–on-steel demonstrated it has the ability to select
dated December 9, 2005. cooking ware. Specifically, the its own management and make
Company Law of the People’s Republic personnel decisions, as well as to make
Verification of China, made effective on July 1, 1994, its own decisions on the use of its
cchase on PROD1PC60 with NOTICES

As provided in section 782(i) of the with the amended version promulgated profits, independent of any
Act, the Department conducted on August 28, 2004, states that a governmental authority. Therefore, the
verification of the responses of Watex. company is an enterprise legal person, Department has determined that Watex
The Department verified the that shareholders shall assume liability has not demonstrated that it qualifies for
questionnaire responses of Watex from towards the company to the extent of a separate rate. Because Watex did not

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Federal Register / Vol. 70, No. 245 / Thursday, December 22, 2005 / Notices 76029

demonstrate its eligibility for a separate finds that by not providing accurate cooperated fully.’’ See Statement of
rate, we have preliminarily determined information regarding affiliates of Watex Administrative Action (‘‘SAA’’)
that it is part of the PRC–wide entity. In despite multiple opportunities to do so accompanying the URAA, H.R. Rep. No.
the initiation notice, the Department and by failing to provide the 103–316 at 870 (1994). See also Final
stated that if one of the companies that Department with information regarding Determination of Sales at Less than Fair
we initiated a review for does not its corporate structure and ownership Value: Certain Frozen and Canned
qualify for a separate rate, all other that could be verified, Watex failed to Warmwater Shrimp from Brazil, 69 FR
exporters of porcelain–on-steel cooking cooperate to the best of its ability. For 76910 (December 23, 2004); see also
ware from the PRC who have not a detailed analysis of the Department’s D&L Supply Co. v. United States, 113
qualified for a separate rate are deemed decision to apply AFA, see AFA Memo. F.3d 1220, 1223 (Fed. Cir. 1997). In
to be covered by this review as part of choosing the appropriate balance
Selection of AFA Rate
the single PRC–wide entity, of which between providing respondents with an
the named exporter is a part. See In deciding which facts to use as incentive to respond accurately and
Initiation Notice at footnote 3. Watex AFA, section 776(b) of the Act and 19 imposing a rate that is reasonably
did not demonstrate its eligibility for a CFR 351.308(c)(1) authorize the related to the respondent’s prior
separate rate; therefore, the Department Department to rely on information commercial activity, selecting the
finds that Watex is part of the PRC–wide derived from: (1) the petition; (2) a final highest prior margin ‘‘reflects a common
entity. As a result, we determine that it determination in the investigation; (3) sense inference that the highest prior
is necessary to review the single PRC any previous review or determination; margin is the most probative evidence of
entity, including Watex, in this segment or (4) any information placed on the current margins, because, if it were not
of the proceeding. As adverse facts record. In reviews, it is the Department’s so, the importer, knowing of the rule,
available (‘‘AFA’’), the Department is practice to select, as AFA, the highest would have produced current
assigning the rate of 66.65 percent to the rate determined for any respondent in information showing the margin to be
PRC entity, the highest rate determined any segment of the proceeding. See, e.g., less.’’ Rhone Poulenc, 899 F.2d at 1190.
in any previous segment of this Freshwater Crawfish Tail Meat from the Consistent with the statute, court
proceeding. People’s Republic of China; Notice of precedent, and its practice, the
Final Results of Antidumping Duty Department has assigned the rate of
Application of Adverse Facts Available Administrative Review, 68 FR 19504 66.65 percent, the highest rate
Pursuant to sections 776(a)(2)(A), (C) (April 21, 2003). calculated in any segment of the
and (D), and section 776(b) of the Act, The Court of International Trade proceeding, to Watex as AFA. See, e.g.,
the Department determines that the (‘‘CIT’’’) and the Federal Circuit have Rescission of Second New Shipper
application of total AFA is warranted consistently upheld the Department’s Review and Final Results and Partial
for the PRC–wide entity, including practice. See Rhone Poulenc, Inc. v. Rescission of First Antidumping Duty
Watex. When an interested party United States, 899 F.2d 1185, 1190 (Fed. Administrative Review: Brake Rotors
withholds information that has been Cir. 1990) (‘‘Rhone Poulenc’’); NSK Ltd. from the People’s Republic of China, 64
requested by the Department, v. United States, 346 F. Supp. 2d 1312, FR 61581, 61584 (November 12, 1999).
significantly impedes the proceeding, or 1335 (Ct. Int’l Trade 2004) (upholding a As discussed further below, this rate has
provides information, but that 73.55% total AFA rate, the highest been corroborated.
information cannot be verified, sections available dumping margin from a
776(a)(2)(A), (C) and (D) of the Act different respondent in a less than fair Corroboration of Secondary
provide for the use of facts otherwise value investigation); see also Kompass Information Used as AFA
available. Specifically, the Department Food Trading Int’l v. United States, 24 Section 776(c) of the Act provides that
could not verify the information CIT 678, 689 (2000) (upholding a when the Department relies on the facts
regarding Watex’s corporate structure 51.16% total AFA rate, the highest otherwise available and relies on
and ownership due to the company’s available dumping margin from a ‘‘secondary information,’’ the
failure to provide the Department with different, fully cooperative respondent); Department shall, to the extent
a complete and official version of the and Shanghai Taoen International practicable, corroborate that information
capital verification report or signed Trading Co., Ltd. v. United States, Slip from independent sources reasonably at
copies of the company’s articles of Op. 05–22, at 16 (CIT February 17, 2005) the Department’s disposal. The SAA
association and joint venture agreement (upholding a 223.01% total AFA rate, states that ‘‘corroborate’’ means to
that established Watex. Watex withheld the highest available dumping margin determine that the information used has
specifically requested information from a different respondent in a probative value. See SAA at 870. The
concerning the existence of an affiliate. previous administrative review). Department has determined that to have
Finally, Watex significantly impeded The Department’s practice when probative value, information must be
the proceeding by repeatedly making selecting an adverse rate from among reliable and relevant. See Tapered
inaccurate statements concerning the the possible sources of information is to Roller Bearings and Parts Thereof,
interests of various owners in both their ensure that the margin is sufficiently Finished and Unfinished from Japan:
questionnaire responses and at adverse ‘‘as to effectuate the purpose of Preliminary Results of Antidumping
verification. See Watex Verification the facts available role to induce Duty Administrative Reviews and
Report. The Department finds that facts respondents to provide the Department Partial Termination of Administrative
available, pursuant to sections with complete and accurate information Reviews, 61 FR 57391, 57392 (November
776(a)(2)(A), (C) and (D), is warranted. in a timely manner.’’ See Static Random 6, 1996). The SAA also states that
Section 776(b) of the Act provides Access Memory Semiconductors from independent sources used to corroborate
that if the Department determines that a Taiwan; Final Determination of Sales at such evidence may include, for
cchase on PROD1PC60 with NOTICES

party has failed to cooperate to the best Less than Fair Value, 63 FR 8909, 8932 example, published price lists, official
of its ability, in selecting from among (February 23, 1998). The Department’s import statistics and customs data, and
the facts available, the Department may practice also ensures ‘‘that the party information obtained from interested
use an inference that is adverse to the does not obtain a more favorable result parties during the particular
interests of that party. The Department by failing to cooperate than if it had investigation. See Preliminary

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76030 Federal Register / Vol. 70, No. 245 / Thursday, December 22, 2005 / Notices

Determination of Sales at Less Than following exporters under review during provided by section 751(a)(2)(C) of the
Fair Value: High and Ultra–High the period December 1, 2003, through Act: (1) For subject merchandise
Voltage Ceramic Station Post Insulators November 30, 2004: exported by the PRC, including Watex,
from Japan, 68 FR 35627 (June 16, the cash–deposit rate will be equal to
2003); and Final Determination of Sales PORCELAIN–ON-STEEL COOKING WARE 66.65 percent; (2) the cash–deposit rate
at Less Than Fair Value: Live Swine FROM THE PRC for PRC exporters who received a
from Canada, 70 FR 12181 (March 11, separate rate in a prior segment of the
2005). Manufacturer/Exporter Weighted–Average proceeding will continue to be the rate
To be considered corroborated, Margin (Percent) assigned in that segment of the
information must be found to be both proceeding; (3) for all other PRC
reliable and relevant. Unlike other types PRC–wide Rate ............ 66.65
exporters of subject merchandise which
of information, such as input costs or have not been found to be entitled to a
selling expenses, there are no Case briefs from interested parties
separate rate, the cash–deposit rate will
independent sources for calculated may be submitted not later than January
be the PRC–wide rate of 66.65 percent;
dumping margins. The only sources for 17, 2006, pursuant to 19 CFR 351.309(c).
(4) for all non–PRC exporters of subject
calculated margins are administrative Rebuttal briefs, limited to issues raised
merchandise, the cash–deposit rate will
determinations. The information upon in the case briefs, will be due not later
be the rate applicable to the PRC
which the AFA rate we are applying for than January 24, 2006, pursuant to 19
exporter that supplied that exporter.
the current review was calculated CFR 351.309(d). Parties who submit
These deposit requirements, when
during the Less Than Fair Value case briefs or rebuttal briefs in this
imposed, shall remain in effect until
Investigation. See Porcelain–on-Steel proceeding are requested to submit with
publication of the final results of the
Cooking Ware from the People’s each argument: (1) a statement of the
next administrative review.
Republic of China; Final Determination issue; and (2) a brief summary of the
of Sales at Less Than Fair Value, 51 FR argument. Parties are also encouraged to Notification to Importers
36419 (October 10, 1986) (‘‘LTFV provide a summary of the arguments not This notice serves as a preliminary
Investigation’’). Furthermore, the AFA to exceed five pages and a table of reminder to importers of their
rate we are applying for the current statutes, regulations and cases cited. responsibility under 19 CFR
review was applied in reviews Any interested party may request a 351.402(f)(2) to file a certificate
subsequent to the LTFV Investigation hearing within 30 days of publication of regarding the reimbursement of
and the Department received no this notice. antidumping duties prior to liquidation
information that warranted revisiting Interested parties who wish to request
of the relevant entries during this
the issue. See, e.g., Porcelain–On-Steel a hearing or to participate if one is
review period. Failure to comply with
Cookware from the People’s Republic of requested, must submit a written
this requirement could result in the
China; Notice of Final Results of request to the Assistant Secretary for
Secretary’s presumption that
Antidumping Duty Administrative Import Administration, Room B–099,
reimbursement of antidumping duties
Review, 62 FR 54825 (October 22, 1997). within 30 days of the date of publication
occurred and the subsequent assessment
No information has been presented in of this notice. Requests should include:
of double antidumping duties.
the current review that calls into (1) the party’s name, address, and
This administrative review and notice
question the reliability of this telephone number; (2) the number of
is in accordance with sections 751(a)(1)
information. Thus, the Department finds participants; and (3) a list of issues to be
and 777(i)(1) of the Act and 19 CFR
that the information is reliable. discussed. See 19 CFR 351.310(c). Issues
351.221(b)(4).
With respect to the relevance aspect raised in the hearing will be limited to
of corroboration, the Department will those raised in case briefs and rebuttal Dated: December 15, 2005.
consider information reasonably at its briefs. Stephen J. Claeys,
disposal to determine whether a margin The Department will issue the final Acting Assistant Secretary for Import
continues to have relevance. Where results of this administrative review, Administration.
circumstances indicate that the selected including the results of its analysis of [FR Doc. E5–7703 Filed 12–21–05; 8:45 am]
margin is not appropriate as AFA, the issues raised in any such written briefs BILLING CODE 3510–DS–S
Department will disregard the margin or at the hearing, if held, no later than
and determine an appropriate margin. 120 days after the date of publication of
Similarly, the Department does not this notice. DEPARTMENT OF COMMERCE
apply a margin that has been
Assessment of Antidumping Duties International Trade Administration
discredited. See D &L Supply Co. v.
United States, 113 F.3d 1220, 1221 (Fed. The Department will determine, and [A–588–866]
Cir. 1997) (the Department will not use CBP shall assess, antidumping duties on
a margin that has been judicially all appropriate entries. The Department Antidumping Duty Order: Superalloy
invalidated). None of these will issue appropriate assessment Degassed Chromium from Japan
circumstances are present here. instructions directly to CBP within 15
Accordingly, we determine that the days of publication of the final results AGENCY: Import Administration,
highest rate from any segment of this of this review. International Trade Administration,
administrative proceeding, 66.65 Department of Commerce.
Cash Deposits SUMMARY: Based on affirmative final
percent, meets the corroboration criteria
established in section 776(c) of the Act The following cash–deposit determinations by the Department of
that secondary information have requirements will be effective upon Commerce and International Trade
cchase on PROD1PC60 with NOTICES

probative value. publication of the final results for Commission, the Department of
shipments of the subject merchandise Commerce is issuing an antidumping
Preliminary Results of the Review entered, or withdrawn from warehouse, duty order on superalloy degassed
The Department preliminarily finds for consumption on or after the chromium from Japan.
that the following margins exist for the publication date of the final results, as EFFECTIVE DATE: December 22, 2005.

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