Federal Register / Vol. 66, No. 182 / Wednesday, September 19, 2001 / Notices 48233
DEPARTMENT OF COMMERCE exporter of the merchandise under Yaohua Pilkington Safety Glass investigation) on August 27, 2001. With (‘‘Wuhan’’); Guilin Pilkington Safety International Trade Administration regard to the submission from TCGI, we Glass Co., Ltd. (‘‘Guilin’’); Changchun [A–570–867] note that TCGI requested clarification of Pilkington Safety Glass Company Ltd. the scope of this investigation (‘‘Changchun’’); Guandong Lunjiao Notice of Preliminary Determination of concerning bus windshields and Autoglass Co.; Shanghai Fu Hua Glass Sales at Less Than Fair Value: Certain windshields for farm machinery. Co., Ltd.; Tianjin Riban Glass Co., Ltd.; Automotive Replacement Glass Specifically, TCGI takes the position Jieyang Jiantong Automobile Glass Co., Windshields From the People’s that the language of the initiation notice Ltd.; Shanghai Yanfeng Automotive Republic of China and an application of the criteria Trim Co.; Luoyang Float Glass Group established in Diversified Products Import & Export Corp.; Hebei Tong Yong AGENCY: Import Administration, Corporation v. United States, 572 F. Glass Industry Limited Company; International Trade Administration, Supp. 883 (Court of International Trade Yantai Yanhua Glass Products Co., Ltd.; Department of Commerce. 1983), are such that bus windshields and Hangzhou Safety Glass Co., Ltd. EFFECTIVE DATE: September 19, 2001. and farm and heavy machinery Additionally, we indicated to the FOR FURTHER INFORMATION CONTACT: windshields are outside the scope of the Embassy of the PRC a large number of Stephen Bailey, Brandon Farlander, and merchandise under investigation. On other potential producers/exporters Rick Johnson, Import Administration, August 28, 2001, the Department issued identified in the petition (but for whom International Trade Administration, a letter seeking interested party we did not have an address), and U.S. Department of Commerce, 14th comments on this issue. On September notified the PRC Government that it was Street and Constitution Avenue, NW., 5, 2001, we received comments from responsible for ensuring that volume Washington, DC 20230; telephone: (202) petitioners. However, because this and value information for those 482–1102, and (202) 482–0182, submission was received within five companies be provided to the respectively. days of the preliminary determination, Department. we were not able to consider this issue On May 4, 2001, FYG, Xinyi, Benxun, The Applicable Statute and Regulations for the purposes of this preliminary TCGI, and Pilkington North America Unless otherwise indicated, all determination. We will address this (‘‘PNA’’, an importer of the subject citations to the Tariff Act of 1930, as issue in our final determination. merchandise exported by the PRC amended (‘‘the Act’’), are references to On April 3, 2001, the Department companies, Changchun, Guilin, and the provisions effective January 1, 1995, issued a letter to interested parties Wuhan) submitted responses to the the effective date of the amendments providing an opportunity to comment Department’s questionnaire seeking made to the Act by the Uruguay Round on the Department’s proposed product- volume and value of U.S. sales Agreements Act (‘‘URAA’’). In addition, matching criteria and matching information. On May 7, 2001, the unless otherwise indicated, all citations hierarchy. Comments were submitted on Department issued the respondent to the Department’s regulations are to April 18, 2001 by PPG Industries, Inc., selection memorandum, selecting FYG the regulations codified at 19 CFR part Safelite Glass Corporation, and Apogee and Xinyi to be investigated (see 351 (2000). Enterprises, Inc., and its manufacturing Selection of Respondents section subsidiary Viracon/Curvlite, below). The following companies were Preliminary Determination (collectively, ‘‘petitioners’’), and determined to be non-responsive for We preliminarily determine that respondent FYG. On May 1, 2001, purposes of this investigation based on certain automotive replacement glass petitioners submitted additional their failure to provide the requested (‘‘ARG’’) windshields from the People’s comments intended to refine their information: Lung Ta Glass Industrial Republic of China (‘‘PRC’’) are being, or original April 18, 2001 comments on the Company Ltd.; Shanghia Jamyf are likely to be, sold in the United States Department’s proposed product- Decoration Materials Company Ltd.; at less than fair value (‘‘LTFV’’), as matching criteria and matching Fujian Wan Da Automobile; Sino- provided in section 733 of the Act. The hierarchy. Foreign Joint Venture; Liu Zhou Steel estimated margins of sales at LTFV are On April 17, 2001, the United States Glass Factory; Luoyang Glass Company shown in the ‘‘Suspension of International Trade Commission (‘‘ITC’’) Limited; Tianjin NSG Safety Glass Liquidation’’ section of this notice. issued its affirmative preliminary Company Ltd.; Yangzhou Tang Cheng determination that there is a reasonable Case History Safety Glass; Boading Sanyuan Safety indication that an industry in the Glass Company, Ltd.; Best Safety-Glass; This investigation was initiated on United States is materially injured by Zhuhai Singyes Auto Safety Glass March 20, 2001. See Notice of Initiation reason of imports of the subject Factory; Qinhuangdao Haiyan Safety of Antidumping Duty Investigation: merchandise from the PRC, which was Glass Company Ltd.; Changzhou Certain Automotive Replacement Glass published in the Federal Register on Industry Technical Glass Factory; Windshields from the People’s Republic April 24, 2001. See Automotive Tianjin Sanlian Skilled Glass Works; of China, 66 FR 16651 (March 27, 2001) Replacement Glass Windshields from Tianjin Riban Glass Co., Ltd.; Jieyang (‘‘Notice of Initiation’’). The Department China, 66 FR 20682 (April 24, 2001). Jiantong Automobile Glass Co., Ltd.; set aside a period for all interested On April 24, 2001, the Department Shanghai Yanfeng Automotive Trim Co.; parties to raise issues regarding product issued a questionnaire requesting Luoyang Float Glass Group Import & coverage. See Notice of Initiation at volume and value of U.S. sales Export Corp.; Hebei Tong Yong Glass 16651. We received comments regarding information to the Embassy of the PRC Industry Limited Company; Yantai product coverage as follows; from Fuyao and to the Ministry of Foreign Trade Yanhua Glass Products Co., Ltd.; Glass Industry Group Co., Ltd. (‘‘FYG’’), and Economic Development, and sent Hangzhou Safety Glass Co., Ltd.; Xinyi Automotive Glass (Shenzhen) Co. courtesy copies to the following known Guandong Lunjiao Autoglass Co.; Ltd. (‘‘Xinyi’’) and Shenzhen Benxun producers/exporters of subject Shanghai Fu Hua Glass Co., Ltd.; and Auto-Glass Co., Ltd. (‘‘Benxun’’) on merchandise identified in the petition: Dongguan Kongwan Automobile Glass. April 9, 2001; and from TCG FYG; Xinyi; Benxun; Dongguan On May 8, 2001, the Department International Inc. (‘‘TCGI’’, a Canadian Kongwan Automobile Glass; Wuhan issued its antidumping questionnaire to
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FYG and Xinyi. On June 1, 2001, the supplemental questionnaire for Sections Changchun, Guilin, and Wuhan Department amended the May 8, 2001 C & D to FYG and Xinyi and received submitted supplemental section A Sections C & D Questionnaire to include responses on August 15 and 22, 2001, responses on their own behalf. On fields which account for bent float glass respectively. September 5, 2001, we requested and for dimensions of the float glass. On June 22, 2001, the Department Changchun, Guilin, and Wuhan to On May 10, 2001, the Department issued a request for parties to submit submit a certification of accuracy on the received requests from PNA and Benxun comments on surrogate market-economy record that the information provided for to be treated as voluntary respondents country selection, and publicly these companies in PNA’s June 12, 2001 in this investigation, or at a minimum, available information for valuing the section C and D response is accurate. On to be granted a separate rate. On May 29, factors of production. Petitioners September 7, 2001, each company 2001, the Department received a request submitted comments to these requests submitted the required certificate of from TCGI in which TCGI stated that is on July 6, 2001 and July 23, 2001 accuracy. qualifies as a proper respondent in this respectively. On July 23, 2001, FYG and On August 23, 2001, petitioners investigation and that, as a cooperating Xinyi submitted surrogate value data to submitted comments regarding FYG’s respondent, the Department must the Department. On August 7, 2001, response of August 15, 2001. Also, on calculate a separate rate for the Xinyi submitted some additional August 23, 2001, FYG submitted company in accordance with publicly available published comments to petitioners’ August 15, Department precedent. On July 19, information on surrogate values. On 2001 submission. 2001, Benxun supplemented its request August 9, 2001, petitioners submitted On July 17, 2001, the Department to be granted, at a minimum, a separate comments on FYG’s July 23, 2001 postponed the deadline for the rate. On July 26, 2001, petitioners surrogate value data submission. On preliminary determination to August 31, submitted comments on Benxun’s August 10 and 17, 2001, FYG and Xinyi, 2001, pursuant to section 733(c)(1)(B) of request to be treated as a voluntary respectively, submitted comments on the Act. See Automotive Replacement respondent and be given a separate petitioners’ July 23, 2001 surrogate data Glass Windshields from the People’s dumping rate for purposes of this submission. On August 15, 2001, Republic of China: Postponement of investigation. petitioners submitted comments on Preliminary Determination of On May 29, 2001, the Department FYG’s August 10, 2001 submission. On Antidumping Duty Investigation, 66 FR received Section A responses from FYG, August 21, 2001, petitioners submitted 38256 (July 23, 2001). On August 29, Xinyi, Benxun, TCGI and PNA comments on Xinyi’s August 7, 2001 (including information from and August 17, 2001 surrogate value petitioners filed a letter requesting an Changchun, Guilin, and Wuhan). In its submissions. additional ten-day postponement of the submission of May 29, 2001, FYG On July 30, 2001, petitioners alleged preliminary determination. explained that one of its affiliated that critical circumstances exist with Subsequently, on August 31, 2001, the manufacturers, Fujian Wanda respect to this investigation. Department further postponed the Automobile Industries Co., Ltd. (‘‘Fujian Consequently, on July 30, 2001, the deadline for the preliminary Wanda’’), was named as an Department requested that FYG and determination to September 10, 2001, uncooperative party by the Department Xinyi submit sales data for the period pursuant to section 733(c)(1)(A) of the in the Department’s respondent 1999 through May 2001. We received Act. See Automotive Replacement Glass selection memorandum of May 7, 2001. this information on August 13, 2001 Windshields from the People’s Republic However, because we note that FYG’s from FYG, and from Xinyi on August of China: Postponement of Preliminary volume and value information 20, 2001. Determination of Antidumping Duty submitted in a timely fashion included On August 9, 2001, the Department Investigation, 66 FR 46994 (September information from Fujian Wanda, the responded to PNA’s May 10, 2001 10, 2001). Department preliminarily detemines request to be treated as a voluntary Period of Investigation that Fujian Wanda in fact is not respondent in this investigation. The considered an uncooperative party. Department noted that, although PNA The POI is July 1, 2000 through On June 14 and 15, 2001, the qualifies as an interested party in the December 31, 2000. This period Department issued section A proceeding, as an importer of the subject corresponds to the two most recent supplemental questionnaires to Xinyi merchandise, PNA is not eligible for the fiscal quarters prior to the month of the and FYG respectively. The Department assignment of an individual rate as it filing of the petition (February 28, received responses to its Section A requested because, in accordance with 2001). See 19 CFR 351.204(b)(1). supplementals on June 28 and 29, 2001 our statute, the Department does not Scope of Investigation for Xinyi and FYG respectively. The investigate importers of the Department also issued a second merchandise under investigation in an The products covered by this Section A supplemental for Xinyi on antidumping duty investigation. The investigation are ARG windshields, and July 12 and received a response on July Department noted that, in order for the parts thereof, whether clear or tinted, 26, 2001. exporters identified in PNA’s Section A whether coated or not, and whether or On June 13 and 25, 2001, the response to be considered for a separate not they include antennas, ceramics, Department received Sections C & D rate, the exporters must file the mirror buttons or VIN notches, and Questionnaire responses from PNA and necessary information on their own whether or not they are encapsulated. FYG respectively. On June 15 and 28, behalf. See Letter to Gregory Dorris from ARG windshields are laminated safety the Department received Sections C & D Rick Johnson, August 9, 2001. On glass (i.e., two layers of (typically float) Questionnaire responses from Benxun August 24, 2001, Changchun, Guilin, glass with a sheet of clear or tinted and Xinyi respectively. On July 12, and Wuhan filed notices of appearance plastic in between (usually polyvinyl 2001, the Department issued Sections C in this investigation and filed butyral)), which are produced and sold & D supplemental questionnaires to certificates of accuracy with respect to for use by automotive glass installation both FYG and Xinyi and received the May 29, 2001 separate rates shops to replace windshields in responses on July 26, 2001. On August information filed in PNA’s Section A automotive vehicles (e.g., passenger 8, 2001, the Department issued a second response. On August 31, 2001 cars, light trucks, vans, sport utility
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vehicles, etc.) that are cracked, broken and producers accounting for the largest duty deposit rate. It is the Department’s or otherwise damaged. volume of the subject merchandise policy to assign all exporters of ARG windshields subject to this pursuant to section 777A(c)(2)(B) of the merchandise subject to investigation in investigation are currently classifiable Act. FYG and Xinyi (collectively, an NME country this single rate, unless under subheading 7007.21.10.10 of the ‘‘respondents’’) were the two largest an exporter can demonstrate that it is Harmonized Tariff Schedules of the cooperative exporters and accounted for sufficiently independent so as to be United States (HTSUS). Specifically the majority of all exports of the subject entitled to a separate rate. The two excluded from the scope of this merchandise from the PRC during the companies that the Department selected investigation are laminated automotive POI, as reported by the two producers/ to investigate (i.e., FYG and Xinyi), and windshields sold for use in original exporters at the time we made our the PRC companies that were not assembly of vehicles. While HTSUS respondent selection, and we therefore selected as mandatory respondents by subheadings are provided for selected them as mandatory the Department for this investigation, convenience and Customs purposes, our respondents. See Memorandum from but which have submitted separate rates written description of the scope of this Rick Johnson to Edward Yang: Selection responses (i.e., Benxun, Changchun, investigation is dispositive. of Respondents: Antidumping Duty As discussed in our notice of Guilin and Wuhan) have provided the Investigation of Automotive requested separate rates information and initiation, the scope of this investigation Replacement Glass (‘‘ARG’’) poses unique problems of have stated that, for each company, Windshields from the People’s Republic there is no element of government administration. For the final of China, May 7, 2001. determination, we continue to invite ownership or control. Additionally, parties to provide information on Nonmarket Economy Country Status with respect to TCGI, a Canadian physical characteristics which would The Department has treated the PRC reseller, no analysis of de jure or de allow U.S. Customs officials to as a non-market economy (‘‘NME’’) facto control by the PRC is necessary, distinguish between ARG windshields, country in all past antidumping because it is a company operating in a and windshields for new automobiles. investigations (see, e.g., Notice of Final market economy. Thus, the following We also invite comments on procedures Determination of Sales at Less Than discussion of separate rates does not for administering any order which may Fair Value: Bulk Aspirin From the include an analysis of TCGI. We have result from this investigation on the People’s Republic of China, 65 FR 33805 assigned a separate rate to TCGI because basis of end use. Finally, information on (May 25, 2000); Notice of Final it has provided information indicating the record shows that all windshields Determination of Sales at Less Than that its PRC supplier does not have imported from the PRC during the POI Fair Value: Certain Non-Frozen Apple knowledge that its sales to TCGI are were ARG windshields; consequently, Juice Concentrate from the People’s destined for the United States. we note that even if the scope of this Republic of China, 65 FR 19873 (April We considered whether each PRC order were to cover all windshields, the 13, 2000) (Apple Juice)). A designation company is eligible for a separate rate. Department would have all the as an NME remains in effect until it is The Department’s separate rate test to information necessary to make a final revoked by the Department (see section determine whether the exporters are determination. 771(18)(C) of the Act). No party to this independent from government control Selection of Respondents investigation has requested a revocation does not consider, in general, of the PRC’s NME status. We have, macroeconomic/border-type controls, Section 777A(c)(1) of the Act directs therefore, preliminarily determined to e.g., export licenses, quotas, and the Department to calculate individual continue to treat the PRC as an NME dumping margins for each known minimum export prices, particularly if country. When the Department is these controls are imposed to prevent exporter and producer of the subject investigating imports from an NME, merchandise. However, section dumping. The test focuses, rather, on section 773(c)(1) of the Act directs us to controls over the investment, pricing, 777A(c)(2) of the Act gives the base the normal value (‘‘NV’’) on the Department discretion, when faced with and output decision-making process at NME producer’s factors of production, the individual firm level. See, e.g., a large number of exporters/producers, valued in a comparable market economy to limit its examination to a reasonable Certain Cut-to-Length Carbon Steel Plate that is a significant producer of from Ukraine: Final Determination of number of such companies if it is not comparable merchandise. The sources practicable to examine all companies. Sales at Less than Fair Value, 62 FR of individual factor prices are discussed 61754, 61757 (November 19, 1997); Where it is not practicable to examine under the ‘‘Normal Value’’ section, all known producers/exporters of Tapered Roller Bearings and Parts below. Thereof, Finished and Unfinished, from subject merchandise, this provision Furthermore, no interested party has the People’s Republic of China: Final permits the Department to investigate requested that the ARG windshield Results of Antidumping Duty either: (1) a sample of exporters, industry in the PRC be treated as a Administrative Review, 62 FR 61276, producers, or types of products that is market-oriented industry and no 61279 (November 17, 1997). statistically valid based on the information has been provided that information available to the Department would lead to such a determination. To establish whether a firm is at the time of selection; or (2) exporters Therefore, we have not treated the ARG sufficiently independent from and producers accounting for the largest windshield industry in the PRC as a government control of its export volume of the subject merchandise that market-oriented industry in this activities to be entitled to a separate can reasonably be examined. After investigation. rate, the Department analyzes each consideration of the complexities entity exporting the subject expected to arise in this proceeding and Separate Rates merchandise under a test arising out of the resources available to the In proceedings involving NME the Final Determination of Sales at Less Department, we determined that it was countries, the Department begins with a Than Fair Value: Sparklers from the not practicable in this investigation to rebuttable presumption that all People’s Republic of China, 56 FR 20588 examine all known producers/exporters companies within the country are (May 6, 1991) (‘‘Sparklers’’), as of subject merchandise. Instead, we subject to government control and thus amplified by, Final Determination of limited our examination to the exporters should be assessed a single antidumping Sales at Less
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Than Fair Value: Silicon Carbide from selection of management; and (4) makes independent decisions regarding the People’s Republic of China, 59 FR whether the respondent retains the disposition of profits or financing of 22585 (May 2, 1994) (‘‘Silicon proceeds of its export sales and makes losses, our examination of the record Carbide’’). In accordance with the independent decisions regarding indicates that each exporter reported separate rates criteria, the Department disposition of profits or financing of that it retains the proceeds of its export assigns separate rates in NME cases only losses. See Silicon Carbide, 59 FR at sales, using profits according to its if respondents can demonstrate the 22586–87; see also Notice of Final business needs. Also, each exporter absence of both de jure and de facto Determination of Sales at Less Than reported that the allocation of profits is governmental control over export Fair Value: Furfuryl Alcohol From the determined by its top management. activities. People’s Republic of China, 60 FR There is no evidence on the record to 22544, 22545 (May 8, 1995). As stated suggest that there is any governmental 1. Absence of De Jure Control in previous cases, there is some involvement in the decisions regarding The Department considers the evidence that certain enactments of the disposition of profits or financing of following de jure criteria in determining PRC central government have not been losses. whether an individual company may be implemented uniformly among different Therefore, we determine that the granted a separate rate: (1) An absence sectors and/or jurisdictions in the PRC. evidence on the record supports a of restrictive stipulations associated See Silicon Carbide, 56 FR at 22587. preliminary finding of de facto absence with an individual exporter’s business Therefore, the Department has of governmental control based on record and export licenses; (2) any legislative determined that an analysis of de facto statements and supporting enactments decentralizing control of control is critical in determining documentation showing that: (1) Each companies; and (3) any other formal whether respondents are, in fact, subject exporter sets its own export prices measures by the government to a degree of governmental control independent of the government and decentralizing control of companies. See which would preclude the Department without the approval of a government Sparklers, 56 FR at 20508. from assigning separate rates. authority; (2) each exporter retains the All six PRC companies seeking Regarding whether each exporter sets proceeds from its sales and makes separate rates reported that the subject its own export prices independently of independent decisions regarding merchandise was not subject to any the government and without the disposition of profits or financing of government list regarding export approval of a government authority, losses; (3) each exporter has the provisions or export licensing, and was each exporter reported that it authority to negotiate and sign contracts not subject to export quotas during the determines its prices for sales of the and other agreements; and (4) each POI. Each company also submitted subject merchandise based on the cost exporter has autonomy from the copies of its respective Certificate of of the merchandise, movement government regarding the selection of Approval for the Establishment of expenses, overhead, profit, and the management. Enterprises with Foreign Investment. market situation in the United States. The evidence placed on the record of We found no inconsistencies with the Each exporter stated that it negotiates this investigation by FYG, Xinyi, exporters’ claims of the absence of prices directly with its customers. Also, Benxun, Changchun, Guilin and Wuhan restrictive stipulations associated with each exporter claimed that its prices are demonstrates an absence of government an individual exporter’s business and not subject to review or guidance from control, both in law and in fact, with export licenses. Our examination of the any governmental organization. respect to each of the exporter’s exports record indicates that each exporter Regarding whether each exporter has of the merchandise under investigation, submitted copies of the legislation of the authority to negotiate and sign contracts in accordance with the criteria People’s Republic of China or and other agreements, our examination identified in Sparklers and Silicon documentation demonstrating the of the record indicates that each Carbide. Therefore, for the purposes of statutory authority for establishing the exporter reported that it has authority to this preliminary determination, we are de jure absence of government control negotiate and sign contracts and other granting separate rates to each of the six over the companies. Thus, we believe agreements. Also, each exporter claimed exporters which shipped ARG that the evidence on the record supports that its negotiations are not subject to windshields to the United States during a preliminary finding of de jure absence review or guidance from any the POI and provided complete of governmental control based on: (1) governmental organization. There is no questionnaire responses. For a full An absence of restrictive stipulations evidence on the record to suggest that discussion of this issue, see the associated with the individual there is any governmental involvement memorandum from Laurel LaCivita to exporter’s business and export licenses; in the negotiation of contracts. Edward Yang, Separate Rates Analysis and (2) the applicable legislative Regarding whether each exporter has for the Preliminary Determination, enactments decentralizing control of the autonomy in making decisions dated August 31, 2001 (‘‘Separate Rates companies. regarding the selection of management Memo’’). our examination of the record indicates 2. Absence of De Facto Control that each exporter reported that it has Facts Available The Department typically considers autonomy in making decisions Section 776(a) of the Act provides four factors in evaluating whether each regarding the selection of management. that, if an interested party withholds respondent is subject to de facto Also, each exporter claimed that its information that has been requested by governmental control of its export selection of management is not subject the Department, fails to provide such functions: (1) Whether the export prices to review or guidance from any information in a timely manner or in the are set by or are subject to the approval governmental organization. There is no form or manner requested, significantly of a governmental agency; (2) whether evidence on the record to suggest that impedes a proceeding under the the respondent has authority to there is any governmental involvement antidumping statute, or provides negotiate and sign contracts and other in the selection of management by the information which cannot be verified, agreements; (3) whether the respondent exporters. the Department shall use, subject to has autonomy from the government in Regarding whether each exporter sections 782(d) of the Act, facts making decisions regarding the retains the proceeds from its sales and otherwise available in reaching the
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applicable determination. Pursuant to Export Corp.; Hebei Tong Yong Glass information obtained in the course of an section 782(e) of the Act, the Industry Limited Company; Yantai investigation as facts available, it must, Department shall not decline to Yanhua Glass Products Co., Ltd.; to the extent practicable, corroborate consider submitted information if that Hangzhou Safety Glass Co., Ltd.; that information from independent information is necessary to the Guandong Lunjiao Autoglass Co.; sources reasonably at its disposal. determination but does not meet all of Shanghai Fu Hua Glass Co., Ltd.; and Secondary information is described in the requirements established by the Dongguan Kongwan Automobile Glass. the SAA as ‘‘information derived from Department provided that all of the As discussed in the Case History the petition that gave rise to the following requirements are met: (1) The section, FYG explained that Fujian investigation or review, the final information is submitted by the Wanda is an affiliated manufacturer of determination concerning subject established deadline; (2) the information subject merchandise and Fujian merchandise, or any previous review can be verified; (3) the information is Wanda’s information is included in under section 751 concerning the not so incomplete that it cannot serve as FYG’s information. Therefore, we have subject merchandise.’’ See SAA at 870. a reliable basis for reaching the preliminarily determined that Fujian The SAA provides that to ‘‘corroborate’’ applicable determination; (4) the Wanda is not an uncooperative party means simply that the Department will interested party has demonstrated that it and we have removed Fujian Wanda satisfy itself that the secondary acted to the best of its ability in from the list of uncooperative parties. information to be used has probative providing the information and meeting The Department notes that import data value. See id. The SAA also states that Department requirements; and (5) the from the United States International independent sources used to corroborate information can be used without undue Trade Commission Dataweb shows may include, for example, published difficulties. imports of ARG windshields from the price lists, official import statistics and Section 776(a)(2)(B) of the Act PRC during the POI are significantly customs data, and information obtained requires the Department to use facts higher than the imports submitted by from interested parties during the available when a party does not provide FYG, Xinyi, Benxun, TCGI and particular investigation. Id. As noted in the Department with information by the Changchun, Guilin and Wuhan (see Tapered Roller Bearings and Parts established deadline or in the form and http://www.usitc.gov, and Respondent Thereof, Finished and Unfinished, from manner requested by the Department. In Selection Memorandum from Rick Japan, and Tapered Roller Bearings, addition, section 776(b) of the Act Johnson to Edward Yang, May 7, 2001). Four Inches or Less in Outside provides that, if the Department finds Therefore, the Department preliminarily Diameter, and Components Thereof, that an interested party ‘‘has failed to determines that there were exports of from Japan; Preliminary Results of cooperate by not acting to the best of its the merchandise under investigation Antidumping Duty Administrative ability to comply with a request for from the single PRC entity, and that the Reviews and Partial Termination of information,’’ the Department may use single entity failed to respond to the Administrative Reviews, 61 FR 57391, information that is adverse to the Department’s request for information. 57392 (November 6, 1996) (‘‘TRBs’’), to interests of that party as facts otherwise As set forth above, section 776(b) of corroborate secondary information, the available. the Act provides that, in selecting from Department will, to the extent among the facts available, the PRC-Wide Rate practicable, examine the reliability and Department may employ adverse relevance of the information used. As discussed above (see ‘‘Separate inferences against an interested party if In order to determine the probative Rates’’), all PRC producers/exporters that party failed to cooperate by not value of the initiation margin for use as that do not qualify for a separate rate are acting to the best of its ability to comply facts otherwise available for the treated as a single enterprise. As noted with requests for information. See also purposes of this determination, we above in ‘‘Case History’’, all producers/ ‘‘Statement of Administrative Action’’ examined evidence supporting the exporters were given the opportunity to accompanying the URAA, H.R. Rep. No. initiation calculations. We successfully respond to the Department’s 103–316, 870 (1994) (‘‘SAA’’). The corroborated the information in the questionnaire regarding volume and Department finds that exporters (i.e., the initiation regarding price to price value of U.S. sales. As explained above, single PRC entity) who did not respond comparisons. See Memorandum from we received timely responses from FYG, to our request for information have Edward Yang to Joseph Spetrini: Xinyi, Benxun, TCGI, Changchun, failed to cooperate to the best of their Preliminary Determination in the Guilin, and Wuhan. The Department did ability. Therefore, the Department Antidumping Investigation of not receive responses from the following preliminarily finds that, in selecting Automotive Replacement Glass companies: Lung Ta Glass Industrial from among the facts available, an Windshields from the People’s Republic Company Ltd.; Shanghai Jamyf adverse inference is appropriate. of China: Total Facts Available Decoration Materials Company Ltd.; Consistent with Department practice in Corroboration Memorandum for All Sino-Foreign Joint Venture; Liu Zhou cases where a respondent is considered Others Rate, dated September 10, 2001. Steel Glass Factory; Luoyang Glass uncooperative, as adverse facts Consequently, we are applying a Company Limited; Tianjin NSG Safety available, we have applied 124.50 single antidumping rate—the PRC-wide Glass Company Ltd.; Yangzhou Tang percent, the highest rate calculated in rate—to all other exporters in the PRC Cheng Safety Glass; Boading Sanyuan the initiation stage of the investigation based on our presumption that those Safety Glass Company, Ltd.; Best Safety- from information provided in the respondents who failed to demonstrate Glass; Zhuhai Singyes Auto Safety Glass petition (as adjusted by the entitlement to a separate rate constitute Factory; Qinhuangdao Haiyan Safety Department). See, e.g., Notice of a single enterprise under common Glass Company Ltd.; Changzhou Preliminary Determination of Sales at control by the Chinese government. See, Industry Technical Glass Factory; Less Than Fair Value: Stainless Steel e.g., Final Determination of Sales at Less Tianjin Sanlian Skilled Glass Works; Wire Rod From Germany, 63 FR 10847 Than Fair Value: Synthetic Indigo from Tianjin Riban Glass Co., Ltd.; Jieyang (March 5, 1998). the People’s Republic of China, 65 FR Jiantong Automobile Glass Co., Ltd.; Section 776(c) of the Act provides 25706, 25707 (May 3, 2000) (‘‘Synthetic Shanghai Yanfeng Automotive Trim Co.; that, when the Department relies on Indigo’’). The PRC-wide rate applies to Luoyang Float Glass Group Import & secondary information rather than on all entries of the merchandise under
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investigation except for entries from File from Case Analysts, dated a reasonable basis to believe or suspect FYG, Xinyi, Benxun, TCGI, Changchun, September 10, 2001 (‘‘Factor Valuation that an importer knew or should have Guilin, and Wuhan. Memorandum’’). known that the foreign producer/ Because this is a preliminary margin, In accordance with section exporter was selling the subject the Department will consider all 351.301(c)(3)(i) of the Department’s merchandise at less than fair value. margins on the record at the time of the regulations, for the final determination The Department’s normal practice in final determination for the purpose of in an antidumping investigation, determining importer knowledge is to determining the most appropriate final interested parties may submit publicly consider margins of 25 percent or more PRC-wide margin. See Notice of available information to value factors of for export price (‘‘EP’’) sales and 15 Preliminary Determination of Sales at production within 40 days after the date percent or more for constructed export Less Than Fair Value: Solid Fertilizer of publication of this preliminary price (‘‘CEP’’) sales sufficient to impute Grade Ammonium Nitrate From the determination. such knowledge to the importer. See Russian Federation, 65 FR 1139 Preliminary Critical Circumstances Critical Circumstances (January 7, 2000). Determination: Honey from the People’s On July 30, 2001, petitioners Republic of China, 60 FR 29824 (June 6, Surrogate Country submitted a critical circumstances 1995); Preliminary Determination of When the Department is investigating allegation, stating there is a reasonable Sales at Less Than Fair Value: Certain imports from an NME country, section basis to believe or suspect that critical Cut-to-Length Carbon Steel Plate From 773(c)(1) of the Act directs it to base NV, circumstances exist in the antidumping the People’s Republic of China, 62 FR in most circumstances, on the NME investigation concerning ARG 31972, 31978 (June 11, 1997); Notice of producer’s factors of production, valued windshields from the PRC. In Preliminary Determination of Sales at in a surrogate market economy country accordance with 19 CFR Less than Fair Value and Postponement or countries considered to be 351.206(c)(1)(2)(i), because petitioners of Final Determination: Stainless Steel appropriate by the Department. In submitted a critical circumstances Butt-Weld Pipe Fittings From Italy, 65 accordance with section 773(c)(4) of the allegation 20 days or more before the FR 47388, 47391 (August 2, 2000). We Act, the Department, in valuing the scheduled date of the preliminary note that the preliminary margins we factors of production, shall utilize, to determination, the Department is have found in this case do not exceed the extent possible, the prices or costs issuing a preliminary critical 25 percent for Xinyi, Benxun, TCGI, of factors of production in one or more circumstances determination no later Changchun, Guilin, Wuhan, EP sales market economy countries that: (1) Are than the date of the preliminary made by FYG; therefore, these at a level of economic development determination. Section 733(e) of the Act companies do not meet the threshold for comparable to that of the NME country; provides that, in a preliminary EP sales above which the Department and (2) are significant producers of determination, the Department may will impute importer knowledge of comparable merchandise. The sources determine, in the event that petitioners dumping. For FYG’s CEP sales, the of the surrogate factor values are allege critical circumstances, whether: preliminary margin falls below the 15 discussed under the NV section below. (A)(i) there is a history of dumping and percent threshold for CEP sales above The Department has determined that material injury by reason of dumped which the Department will impute India, Pakistan, Indonesia, Sri Lanka imports in the United States or importer knowledge of dumping. With and the Philippines are countries elsewhere of the subject merchandise, or regard to the aforementioned comparable to the PRC in terms of (ii) the person by whom, or for whose companies, therefore, the Department economic development. See account, the merchandise was imported preliminarily finds a lack of importer Memorandum from Jeffrey May to Rick knew or should have known that the knowledge. The preliminary margins Johnson: Antidumping Duty exporter was selling the subject exceed the 25 percent threshold with Investigation on Automotive merchandise at less than its fair value regard to the PRC-wide entity and, Replacement Glass Windshields from and that there would be material injury therefore, we have imputed knowledge the People’s Republic of China, dated by reason of such sales; and (B) there of dumping with respect to the PRC- June 12, 2001. Customarily, we select an have been massive imports of the wide entity. appropriate surrogate country based on subject merchandise over a relatively Additionally, the Department will the availability and reliability of data short period. also consider if the ‘‘{International from the countries. For PRC cases, the Trade Commission} finds a reasonable 1. History or Knowledge of Dumping primary surrogate country has often indication of present material injury to and Material Injury been India if it is a significant producer the relevant U.S. industry’’ in of comparable merchandise. In this case, In determining whether there is a determining whether there is reason to we have found that India is a significant reasonable basis to believe or suspect believe or suspect that importers knew producer of comparable merchandise. that there is a history of dumping and or should have known that there was See Surrogate Country Selection material injury by reason of dumped likely to be material injury by reason of Memorandum to The File from Laurel imports, the Department considers dumped imports. See Notice of LaCivita, dated September 10, 2001, evidence of an existing antidumping Preliminary Determination of Sales at (‘‘Surrogate Country Memorandum’’). order on ARG windshields from PRC in Less Than Fair Value: Honey from the We used India as the primary the United States or elsewhere to be People’s Republic of China, 66 FR surrogate country and, accordingly, we sufficient. In this case, petitioners state 24101, 24107 (May 11, 2001). If the ITC have calculated NV using Indian prices that to their knowledge that no finds a reasonable indication of present to value the PRC producers’ factors of antidumping duty orders that cover material injury to the relevant U.S. production, when available and ARG windshields are currently in effect industry, the Department will determine appropriate. See Surrogate Country in other countries. Because we have not that a reasonable basis exists to impute Memorandum. We have obtained and found a history of dumping causing importer knowledge that there was relied upon publicly available material injury with respect to ARG likely to be material injury by reason of information wherever possible. See windshields from the PRC, we have dumped imports. In this case, the ITC Factor Valuation Memorandum to The therefore examined whether there exists has found that a reasonable indication
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of present material injury due to the PRC and import into the United Xinyi, Benxun, TCGI, Changchun, dumping exists for subject imports of States, the involvement of resellers, and Guilin, and Wuhan based on lack of ARG windshields from the PRC. See split shipments). Because the U.S. importer knowledge. Automotive Replacement Glass Customs data include imports from Fair Value Comparisons Windshields from China, Inv. No. 731– companies who have cooperated in this TA–922 (Preliminary) USITC Public. investigation, we are therefore unable to To determine whether sales of ARG 3413, 66 FR 20682 (April 24, 2001). As analyze whether there have been windshields to the United States by a result, the Department preliminarily massive imports from the single PRC- FYG and Xinyi were made at less than determines that there is a reasonable wide entity using information specific fair value, we compared export price basis to believe or suspect that to the PRC-wide entity. In addition, we (‘‘EP’’) or constructed export price importers of ARG windshields from the found no other independent sources of (‘‘CEP’’), as appropriate, to NV, as PRC-wide entity knew or should have information covering all exports from described in the ‘‘Export Price and known that there was likely to be the PRC-wide entity. Because we have Constructed Export Price’’ and ‘‘Normal material injury by reason of dumped no independent means by which to Value’’ sections of this notice. In imports of the subject merchandise from determine import levels for the PRC- accordance with section the PRC. wide entity, we have determined, as 777A(d)(1)(A)(i) of the Act, we adverse facts available, that because this calculated weighted-average EPs or 2. Massive Imports entity did not provide an adequate CEPs. In order to determine whether imports response to our questionnaire, there Export Price and Constructed Export of the merchandise have been massive were massive imports of subject Price over a relatively short period pursuant merchandise. This is consistent with to section 733(e)(1)(B) of the Act and in past Department practice. See Notice of In accordance with section 772(a) of accordance with 19 CFR 351.206(h), we Final Determination of Sales at Less the Act, export price is the price at consider: (1) Volume and value of the Than Fair Value; Certain Preserved which the subject merchandise is first imports; (2) seasonal trends (if Mushrooms from the People’s Republic sold (or agreed to be sold) before the applicable); and (3) the share of of China, 63 FR 72255, 72263 date of importation by the producer or domestic consumption accounted for by (December 31, 1998). We further note exporter of the subject merchandise the imports. that in the instant case, aggregate outside of the United States to an When examining volume and value imports of ARG windshields from the unaffiliated purchaser in the United data, the Department normally PRC during the comparison period States or to an unaffiliated purchaser for compares the export volume for equal increased by 37.98 percent by quantity exportation to the United States, as periods immediately preceding and and 29.80 percent by value. See adjusted under subsection (c). In following the filing of the petition. Attachment 1 of the Memorandum from accordance with section 772(b) of the Consistent with 19 CFR 351.206(h), Edward C. Yang to Joseph A. Spetrini: Act, constructed export price is the unless imports in the comparison period Antidumping Duty Investigation of price at which the subject merchandise have increased by at least 15 percent Automotive Replacement Glass is first sold (or agreed to be sold) in the over the imports during the base period, Windshields from the People’s Republic United States before or after the date of we normally will not consider the of China: Preliminary Determination of importation by or for the account of the imports to have been ‘‘massive.’’ In Critical Circumstances (‘‘Preliminary producer or exporter of such addition, pursuant to 19 CFR 351.206(i), Critical Circumstances Memorandum’’), merchandise or by a seller affiliated the Department may use an alternative September 10, 2001. Pursuant to section with the producer or exporter, to a period if we find that importers, 733(e) of the Act and § 351.206(h) of the purchaser not affiliated with the exporters, or producers had reason to Department’s regulations, we determine producer or exporter, as adjusted under believe, at some time prior to the that massive imports of subject subsections (c) and (d). beginning of the proceeding, that a merchandise over a relatively short In accordance with section 772(a) of proceeding was likely. In this case, no period exist for the PRC-wide entity. the Act, we used EP for Xinyi because party argued that prior to the filing of Concerning seasonal trends, we have the subject merchandise was sold the petition, importers, exporters, or no reason to believe that seasonal trends directly to unaffiliated customers in the producers of ARG windshields had affected the import levels in this case, United States prior to importation and reason to believe that an antidumping nor have any interested parties made because CEP was not otherwise proceeding was likely. Therefore, to such an argument. Therefore, in indicated. As explained below, for FYG determine whether imports of subject determining whether imports were we used CEP and EP. In accordance merchandise have been massive over a massive over the ‘‘relatively short with section 777A(d)(1)(A)(i) of the Act, relatively short period, we considered period,’’ we did not analyze the affects we compared POI-wide weighted- import volumes from the base period as of seasonal trends. average EPs or CEPs to the NVs. compared to the comparison period. Based on our determination that there Imports normally will be considered is knowledge of dumping and material FYG massive when imports have increased injury by reason of dumped imports of We calculated EP for FYG based on by 15 percent or more during this the subject merchandise from the PRC- delivered prices to unaffiliated ‘‘relatively short period.’’ wide entity, and that there have been purchasers in the United States. We With respect to the PRC-wide entity, massive imports of ARG windshields made deductions for movement U.S. Customs data do not permit the from the PRC-wide entity over a expenses in accordance with section Department to analyze imports from the relatively short period, we preliminarily 772(c)(2)(A) of the Act. These included PRC-entity of the product at issue, determine that critical circumstances foreign inland freight from the plant to because it is not possible to link (and exist for imports of ARG windshields the port of exportation, inland therefore subtract out) individual from the PRC manufactured and/or insurance, brokerage and handling, exporters reported shipment data with exported by the PRC-wide entity. We marine insurance, ocean freight, U.S. U.S. Customs import data (e.g., due to preliminarily find that critical customs duty and U.S. inland freight. time differentials between export from circumstances do not exist for FYG, FYG reported all movement expenses
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paid in market-economy currency to FYG’s affiliate GGI’s economic activities producer sources an input from a market economy carriers in a single occurring in the United States. For market economy and pays for it in field. The charges in this single field credit expenses, for those sales where market economy currency, the include brokerage and handling, foreign no payment date was reported, we set Department employs the actual price inland freight, ocean freight, and U.S. the payment date equal to the date of paid for the input to calculate the inland freight. Because FYG used these preliminary results (i.e., factors-based NV. Id.; see also Lasko market-economy carriers for a portion of September 10, 2001). Finally, we also Metal Products v. United States, 43 F. its U.S. sales, FYG reported and we have made an adjustment for profit in 3d 1442, 1445–1446 (Fed. Cir. 1994) used its reported market-economy accordance with section 772(d)(3) of the (‘‘Lasko’’). Respondents FYG and Xinyi prices paid to market-economy carriers Act. See FYG Analysis Memorandum. reported that some of their inputs were for deliveries to the same or similar We also made an adjustment for sourced from market economies and destinations as the basis for the molding. paid for in a market economy currency. See Factor Valuation Memorandum, adjustment for freight expenses paid to Xinyi non-market-economy carriers, dated September 10, 2001 for a listing consistent with Department practice. We calculated EP for Xinyi based on of these inputs. See Issues and Decision Memorandum prices to unaffiliated purchasers in the In accordance with section 773(c) of for the Investigation of Sales at Less United States. We adjusted for inland the Act, we calculated NV based on Than Fair Value of Synthetic Indigo freight as reported by Xinyi. We made factors of production reported by from the People’s Republic of China, deductions for movement expenses in respondents for the POI. To calculate where the Department stated: ‘‘To value accordance with section 772(c)(2)(A) of NV, the reported per-unit factor the marine insurance expense Jiangsu the Act. These included, where quantities were multiplied by publicly Taifeng incurred on certain sales, we appropriate, domestic inland freight, available Indian surrogate values applied the insurance premium rate brokerage and handling, ocean freight, (except as noted below). In selecting the Jiangsu Taifeng’s affiliate Wonderful port terminal handling charges in Hong surrogate values, we considered the paid to a market-economy insurer’’. Kong, marine insurance and U.S. quality, specificity, and Synthetic Indigo from the People’s Customs duty. Xinyi reported that it contemporaneity of the data. As Republic of China; Notice of Final used both market and non-market appropriate, we adjusted input prices by Determination of Sales at Less Than economy carriers for foreign inland including freight costs to make them Fair Value, 65 FR 25706 (May 3, 2000) freight. Because foreign inland freight delivered prices. Specifically, we added and accompanying Issues and Decision for certain sales was provided by NME to Indian import surrogate values a Memorandum (Changes from the companies, we based these expenses for surrogate freight cost using the shorter Preliminary Determination). We also these sales on Xinyi’s reported foreign of the reported distance from the made adjustments to starting price for inland freight expenses paid to market- domestic supplier to the factory or the freight revenue, molding, quantity economy carriers, consistent with our distance from the nearest seaport to the discounts, and breakage discounts, treatment of movement expenses for factory. This adjustment is in where appropriate. FYG’s international freight expenses. accordance with the Court of Appeals See Factor Valuation Memorandum, for the Federal Circuit’s decision in We calculated weighted-average CEP and FYG’s U.S. price discussion, above. Sigma Corp. v. United States, 117 F. 3d for FYG’s U.S. sales made in the United In addition, we made deductions from 1401 (Fed. Cir. 1997). For a detailed States through its U.S. affiliate the starting price, where appropriate, for description of all surrogate values used Greenville Glass Industries, Inc. other discounts, rebates and billing for respondents, see Factor Valuation (‘‘GGI’’). We based CEP on packed adjustments. See Xinyi Analysis Memorandum. prices to unaffiliated purchasers in the Memorandum. Except as noted below, we valued raw United States. We made deductions for material inputs using the weighted- movement expenses in accordance with Normal Value average unit import values derived from section 772(c)(2)(A) of the Act; these Section 773(c)(1) of the Act provides the Monthly Trade Statistics of Foreign included, where appropriate, foreign that the Department shall determine the Trade of India—Volume II—Imports inland freight from the plant to the port NV using a factors-of-production (‘‘Indian Import Statistics’’) for the time of exportation, inland insurance, methodology if: (1) The merchandise is period corresponding to the POI. Where brokerage and handling, marine exported from an NME country; and (2) POI-specific Indian Import Statistics insurance, ocean freight, U.S. customs the information does not permit the data were not available, we used Indian duty and U.S. inland freight. As calculation of NV using home-market Import Statistics data from an earlier described above, FYG reported a single prices, third-country prices, or period (i.e., April 1, 1999 through field for brokerage and handling, foreign constructed value under section 773(a) March 31, 2000; April 1, 2000 through inland freight, ocean freight and U.S. of the Act. September 30, 2000; and April 1, 2000 inland freight. Because transportation Factors of production include: (1) through December 31, 2000). As for certain sales were provided by NME Hours of labor required; (2) quantities of appropriate, we adjusted rupee- companies, we based expenses raw materials employed; (3) amounts of denominated values for inflation using associated with these sales on expenses energy and other utilities consumed; wholesale price indices published in the paid to market-economy carriers as and (4) representative capital costs. We International Monetary Fund’s described above (i.e., we have used used factors of production, reported by International Financial Statistics and FYG’s reported expenses paid to market- respondents, for materials, energy, excluded taxes. We valued certain of economy carriers to value expenses paid labor, by-products, and packing. Xinyi’s material inputs using to non-market-economy carriers). In In accordance with 19 CFR contemporaneous data from the Indian accordance with section 772(d)(1) of the 351.408(c)(1), the Department will publication Chemical Weekly. See Act, we deducted from CEP direct normally use publicly available Factor Valuation Memorandum. selling expenses (i.e., credit and information to value factors of As noted above, respondents Xinyi warranty expenses) and indirect selling production. However, the Department’s and FYG sourced certain raw material expenses that were associated with regulations also provide that where a inputs from market economy suppliers
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and paid for them in market economy dollars and adjusted for inflation expenses (‘‘SG&A’’), we used the currencies. Specifically, FYG sourced through the POI. audited financial statements for the float glass, PVB, ceramic ink, silver Respondents identified a number of period April 2000—December 2000 paste, molding, antenna/connector, by-products which they claimed are from an Indian producer of laminated antenna copper wire, mirror button recovered in the production process and tempered automotive safety glass, PVB, and mirror button from market and/or sold. FYG’s by-products include Saint-Gobain Sekurit India Limited economy suppliers. Xinyi reported that scrap PVB, scrap glass pieces, shattered (‘‘St.-Gobain’’). See Factor Valuation it sourced certain green glass, PVB both scrap glass, other scrap glass, iron scrap, Memorandum for a full discussion of clear and shade band types, glass scrap wood pallets, scrap plastic film, the calculation of these ratios from St.- enamel black ink, black ink dilute scrap aluminum foil, scrap plastic tube Gobain’s financial statements. medium, silver paint paste, and silicon and scrap palythene pallets. Xinyi’s by- To value profit, we used the profit powder from market economy suppliers. products are scrap glass and scrap PVB. experience of Asahi India Safety Glass For this preliminary determination, the The Department has offset the Limited (‘‘Asahi’’) for the period April Department has used the market respondents’ cost of production by the 1999—March 2000, because St.-Gobain economy prices for the inputs listed amount of a reported by-product (or a experienced a loss for the period April above, in accordance with 19 CFR portion thereof) where respondents 2000—December 2000, and because no 351.408(c)(1), with one exception. indicated that the by-product was sold other financial statements provided on Specifically, based on the fact that the and/or where the record evidence the record of this proceeding showed a Department has reason to believe or clearly demonstrates that the by-product profit. We note that the decision to use suspect that market economy prices was re-entered into the production Asahi’s profit experience only (i.e., as from one country are subsidized, we process. See Factor Valuation opposed to using an average of all profit have disallowed the use of the Memorandum for a complete discussion figures from the financial statements on companies’ reported actual prices for of by-product credits given and the the record) is in accordance with float glass. Because information surrogate values used. To value the by- Department practice. See Notice of Final regarding the identity of the source product cullet, we used a surrogate Determination of Sales at Less Than country is proprietary, see the business value from India Infoline, because the Fair Value: Steel Concrete Reinforcing proprietary version of the Factor surrogate value for cullet (scrap glass) Bars from the People’s Republic of Valuation Memo for a full discussion of included in the Indian import statistics China, 66 FR 33522 (June 22, 2001) and this issue. We added to the weighted- appears aberrational when compared accompanying Issues and Decision average price for each input the Indian with the values submitted by petitioner Memorandum at Comment 8, where the surrogate value for transporting the from multiple sources, including Department disregarded the use of input to the factory, where appropriate Recycling Manager, House of Glass, and SAIL’s financial statements in order to (i.e., where the sales terms for the India Infoline (including the companies derive ‘‘an element of profit as intended market economy inputs were not Triveni Glass Ltd. and Excel Glasses by the Statement of Administrative delivered to the factory). Ltd.). We took a simple average of the Action (SAA) accompanying the As explained in the preamble to 19 prices provided for the most Uruguay Agreements Act.’’). For a CFR 351.408(c)(1), where the quantity of contemporaneous period for the further discussion of the surrogate value the input purchase was insignificant, we companies Triveni Glass Ltd. and Excel for profit, see Factor Valuation do not rely on the price paid by an NME Glasses Ltd. See Factor Valuation Memorandum. producer to a market economy supplier. Memorandum for a full discussion. Finally, we used Indian Import See Antidumping Duties; Countervailing For energy, to value electricity, we Statistics to value material inputs for Duties; Final Rule, 62 FR 27296, 27366 used 1997 data reported as the average packing. We used Indian Import (May 19, 1997). Xinyi’s reported Indian domestic prices within the Statistics data for the period April 1, information demonstrates that the category ‘‘Electricity for Industry,’’ 2000 through December 31, 2000 and quantity of one of its inputs which it published in the International Energy April 1, 2000 through December 31, sourced from market economy suppliers Agency’s publication, Energy Prices and 2000. See Factor Valuation was so small as to be insignificant when Taxes, Second Quarter 2000, as adjusted Memorandum. compared to the quantity of the same for inflation. We valued water using the input it sourced from PRC suppliers. Asian Development Bank’s Second Verification See Factor Valuation Memorandum for Water Utilities Data Book: Asian and As provided in section 782(i)(1) of the Xinyi’s reported percentage from market Pacific Region (1997). We valued coal Act, we intend to verify all company economy suppliers. Therefore, as the using data from Indian Import Statistics. information relied upon in making our amount of this reported market For direct, indirect, and packing final determination. economy input is insignificant, we did labor, consistent with section Rate for Producers/Exporters That not use the price paid by Xinyi for this 351.408(c)(3) of the Department’s Responded Only to Separate Rates input and instead used Indian Import regulations, we used the PRC regression- Questionnaire Statistics data, as adjusted for inflation. based wage rate at Import We used Indian transport information Administration’s home page, Import For those PRC producers and to value transport for raw materials. For Library, Expected Wages of Selected exporters of ARG windshields that all instances in which respondents NME Countries, revised in May 2000 provided separate rates information, we reported delivery by truck to calculate (see http://ia.ita.doc.gov/wages). The have calculated a weighted-average domestic inland freight (truck), we used source of the wage rate data on the margin based on the rates calculated for an average of multiple price quotes from Import Administration’s Web site is the those producers/exporters that were an Indian trucking company for 1999 Year Book of Labour Statistics, selected to respond. See, e.g., Notice of transporting materials between Mumbai International Labor Office (Geneva: Final Determination of Sales at Less and various Indian cities, which was 1999), Chapter 5B: Wages in Than Fair Value: Freshwater Crawfish provided in Exhibit 24 to FYG’s July 23, Manufacturing. Tail Meat From the People’s Republic of 2001 surrogate value submission. We To value factory overhead, and China, 62 FR 41347, 41350 (August 1, converted the Indian rupee value to U.S. selling, general and administrative 1997).
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Final Critical Circumstances final determination is affirmative, the Dated: September 10, 2001. Determination ITC will determine before the later of Faryar Shirzad, We will make a final determination 120 days after the date of this Assistant Secretary for Import concerning critical circumstances for preliminary determination or 45 days Administration. the PRC when we make our final after our final determination whether [FR Doc. 01–23328 Filed 9–18–01; 8:45 am] determination regarding sales at LTFV the domestic industry in the United BILLING CODE 3510–DS–P in this investigation, which will be no States is materially injured, or later than 135 days after the publication threatened with material injury, by of this notice in the Federal Register. reason of imports, or sales (or the DEPARTMENT OF COMMERCE likelihood of sales) for importation, of Suspension of Liquidation the subject merchandise. International Trade Administration In accordance with section 733(e)(2) Public Comment [A–357–814, A–791–809] of the Act, for the PRC-wide entity, we are directing the U.S. Customs Service Case briefs or other written comments Notice of Antidumping Duty Orders: to suspend liquidation of all imports of may be submitted to the Assistant Certain Hot-Rolled Carbon Steel Flat subject merchandise entered, or Secretary for Import Administration no Products From Argentina and the withdrawn from warehouse, for later than fifty days after the date of Republic of South Africa publication of this notice, and rebuttal consumption on or after the date 90 AGENCY: Import Administration, days prior to the date of publication of briefs, limited to issues raised in case briefs, no later than fifty-five days after International Trade Administration, this notice in the Federal Register. For Department of Commerce. FYG, Benxun, Changchun, Guilin, the date of publication of this EFFECTIVE DATE: Wuhan, and TCGI, in accordance with preliminary determination. See 19 CFR September 19, 2001. section 733(d) of the Act, we are 351.309(c)(1)(i); 19 CFR 351.309(d)(1). A FOR FURTHER INFORMATION CONTACT: directing the U.S. Customs Service to list of authorities used and an executive David Bede or Charles Riggle, AD/CVD, suspend liquidation of all imports of summary of issues should accompany Enforcement Group II, Office 5 at (202) subject merchandise entered, or any briefs submitted to the Department. 482–3693 and (202) 482–0650 withdrawn from warehouse, for This summary should be limited to five respectively for Argentina; and Maureen consumption on or after the date of pages total, including footnotes. In Flannery or Doug Campau, AD/CVD, publication of this notice in the Federal accordance with section 774 of the Act, Enforcement, Group III, Office 7 at (202) Register. We will instruct the U.S. we will hold a public hearing, if 482–3020 and (202) 482–1395 Customs Service to require a cash requested, to afford interested parties an respectively for South Africa, Import deposit or the posting of a bond equal opportunity to comment on arguments Administration, Room 1870, to the weighted-average amount by raised in case or rebuttal briefs. International Trade Administration, which the NV exceeds the EP or CEP, as Tentatively, any hearing will be held U.S. Department of Commerce, 14th indicated below. These suspension-of- fifty-seven days after publication of this Street and Constitution Avenue, NW., liquidation instructions will remain in notice at the U.S. Department of Washington, DC 20230. Commerce, 14th Street and Constitution effect until further notice. Because we The Applicable Statute and Regulations have determined that ARG windshields Avenue, NW., Washington, DC 20230, at produced by Xinyi are not being sold at a time and location to be determined. Unless otherwise indicated, all LTFV, we are not directing the U.S. Parties should confirm by telephone the citations to the statute are references to Customs Service to suspend liquidation date, time, and location of the hearing the provisions effective January 1, 1995, of this merchandise. The weighted- two days before the scheduled date. the effective date of the amendments average dumping margins are as follows: Interested parties who wish to request a made to the Tariff Act of 1930 (the Act) hearing, or to participate if one is by the Uruguay Round Agreements Act WEIGHTED-AVERAGE PERCENT requested, must submit a written (URAA). In addition, unless otherwise request to the Assistant Secretary for indicated, all citations to Department of Exporter/manufacturer Margin Import Administration, U.S. Department Commerce (the Department) regulations of Commerce, Room 1870, within 30 refer to the regulations codified at 19 FYG ...... 9.79 days of the date of publication of this CFR part 351 (April 2001). Xinyi ...... 1 0.05 notice. See 19 CFR 351.310(c). Requests Benxun ...... 2 9.79 Scope of Antidumping Duty Orders 2 should contain: (1) The party’s name, Changchun ...... 9.79 address, and telephone number; (2) the Hot-Rolled Carbon Steel Flat Products Guilin ...... 2 9.79 2 number of participants; and (3) a list of From Argentina and the Republic of Wuhan ...... 9.79 South Africa TCGI ...... 2 9.79 the issues to be discussed. At the China-Wide ...... 124.50 hearing, each party may make an For purposes of these orders, the affirmative presentation only on issues 1 products covered are certain hot-rolled De minimis. raised in that party’s case brief, and may 2 The rate for these companies is analogous carbon steel flat products of a to the Department’s calculation of the All Oth- make rebuttal presentations only on rectangular shape, of a width of 0.5 inch ers rate (see section 735(c)5 of the Act). It is arguments included in that party’s or greater, neither clad, plated, nor equal to an average of all calculated margins rebuttal brief. See 19 CFR 351.310(c). coated with metal and whether or not other than any zero or de minimis margins, or any margins determined entirely under section If this investigation proceeds painted, varnished, or coated with 776 of the Act. normally, we will make our final plastics or other non-metallic determination no later than 75 days substances, in coils (whether or not in International Trade Commission after the date of the preliminary successively superimposed layers), Notification determination. regardless of thickness, and in straight In accordance with section 733(f) of This determination is issued and length, of a thickness of less than 4.75 the Act, we have notified the ITC of our published in accordance with sections mm and of a width measuring at least determination of sales at LTFV. If our 733(f) and 777(i)(1) of the Act. 10 times the thickness. Universal mill
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