Extension of Time Limit for the Preliminary Results of Antidumping Duty Administrative Review: Tapered Roller Bearings, and Parts Thereof, Finished or Unfinished, From the People's Republic of China, 17232-17233 [E5-1538]
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Federal Register / Vol. 70, No. 64 / Tuesday, April 5, 2005 / Notices
Background
On September 1, 2004, the
Department published the notice of
initiation of the sunset reviews of the
antidumping duty findings on sugar
from Belgium, France, and Germany.1
On September 13, 2004, the Department
received a Notice of Intent to Participate
from the American Sugar Cane League,
the Sugar Cane Growers Cooperative of
Florida, the Florida Sugar Cane League,
the Hawaii Sugar Growers, the Rio
Grande Valley Sugar Growers, the U.S.
Beet Sugar Association, and the
American Sugarbeet Growers
Association (collectively ‘‘domestic
interested parties’’) within the deadline
specified in section 315.218(d)(1)(i) of
the Department’s regulations. The
domestic interested parties claimed
interested party status under section
771(9)(E) of the Act, as a trade
association, a majority of whose
members produce the like product in
the United States. On October 1, 2004,
the Department received complete
substantive responses from the domestic
interested parties within the deadline
specified in section 351.218(d)(3)(i) of
the Department’s regulations. We did
not receive responses from any
respondent interested parties to this
proceeding. As a result, pursuant to
section 751(c)(3)(B) of the Act and
section 351.218(e)(1)(ii)(C)(2) of the
Department’s regulations, the
Department determined to conduct
expedited reviews of these findings.
Scope of the Findings
Imports covered by these findings are
shipments of sugar, both raw and
refined, with the exception of specialty
sugars, from Belgium, France and
Germany. The finding on sugar from
France excludes homeopathic sugar
pellets meeting the following criteria:
(1) Composed of 85 percent sucrose and
15 percent lactose; (2) have a polished,
matte appearance, and more uniformly
porous than domestic sugar cubes; (3)
produced in two sizes of 2 mm and 3.8
mm in diameter. See Sugar from France;
Final Results of Changed Circumstances
Antidumping Duty Administrative
Review, and Revocation in Part of
Antidumping Finding, 61 FR 40609
(August 5, 1996). The merchandise
subject to these findings is currently
classifiable in the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’) at subheadings: 1701.11.05,
1701.11.10, 1701.11.20, 1701.11.50,
1701.12.05, 1701.12.10, 1701.12.50,
1701.91.05, 1701.91.10, 1701.91.30,
1 See Initiation of Five-Year (‘‘Sunset’’) Reviews,
69 FR 53408 (September 1, 2004) (‘‘Initiation
Notice’’).
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1701.99.05, 1701.99.1000, 1701.99.1090,
1701.99.5000, 1701.99.5090, 1702.90.05,
1702.90.10, 1702.90.20, 2106.90.42,
2106.90.44, and 2106.90.46. Although
the HTSUS subheadings are provided
for convenience and customs purposes,
the written description of the scope of
the findings is dispositive.
Analysis of Comments Received
All issues raised in these reviews are
addressed in the ‘‘Issues and Decision
Memorandum’’ (‘‘Decision
Memorandum’’) from Ronald K.
Lorentzen, Acting Director, Office of
Policy, Import Administration, to Joseph
A. Spetrini, Acting Assistant Secretary
for Import Administration, dated March
30, 2005, which is hereby adopted by
this notice. The issues discussed in the
Decision Memo include the likelihood
of continuation or recurrence of
dumping and the magnitude of the
margins likely to prevail if the findings
were revoked. Parties can find a
complete discussion of all issues raised
in these reviews and the corresponding
recommendations in this public
memorandum which is on file in room
B–099 of the main Commerce Building.
In addition, a complete version of the
Decision Memorandum can be accessed
directly on the Web at https://
ia.ita.doc.gov/sunset/, under
the heading ‘‘April 2005.’’ The paper
copy and electronic version of the
Decision Memorandum are identical in
content.
Final Results of Reviews ≤We
determine that revocation of the
antidumping duty findings on sugar
from Belgium, France, and Germany
would likely lead to continuation or
recurrence of dumping at the following
weighted-average percentage margins:
with the regulations and terms of an
APO is a violation which is subject to
sanction.
We are issuing and publishing the
results and notice in accordance with
sections 751(c), 752, and 777(i)(1) of the
Act.
Dated: March 30, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–1537 Filed 4–4–05; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–601]
Extension of Time Limit for the
Preliminary Results of Antidumping
Duty Administrative Review: Tapered
Roller Bearings, and Parts Thereof,
Finished or Unfinished, From the
People’s Republic of China
Import Administration,
International Trade Administration,
Department of Commerce
DATES: Effective Date: April 5, 2005.
FOR FURTHER INFORMATION CONTACT:
Laurel Lacivita or Eugene Degnan, AD/
CVD Operations, Office 8, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone (202) 482–4243 or (202) 482–
0414, respectively.
AGENCY:
Background
On July 28, 2004, the Department of
Commerce (‘‘the Department’’)
published in the Federal Register a
Weighted
notice of initiation of the antidumping
Manufacturers/exporters/
average
duty administrative review of tapered
producers
margin
(percent)
roller bearings and parts thereof,
finished or unfinished, from the
All Belgian Manufacturers/ExPeople’s Republic of China for the
porters .....................................
103
period June 1, 2003, through May 31,
All French Manufacturers/Exporters ...........................................
102 2004. See Initiation of Antidumping and
Countervailing Duty Administrative
All German Manufacturers/Exporters .....................................
121 Reviews and Request for Revocation in
Part, 69 FR 45010 (July 28, 2004). On
This notice also serves as the only
February 4, 2005, the Department
reminder to parties subject to
published in the Federal Register a
administrative protective orders
notice extending the time limit for the
(‘‘APO’’) of their responsibility
preliminary results of the administrative
concerning the return or destruction of
review from March 2, 2005, to May 1,
proprietary information disclosed under 2005. See Extension of Time Limit for
APO in accordance with 19 CFR
the Preliminary Results of Antidumping
351.305 of the Department’s regulations. Duty Administrative Review: Tapered
Timely notification of the return or
Roller Bearings, and Parts Thereof,
destruction of APO materials or
Finished or Unfinished From the
conversion to judicial protective order is People’s Republic of China 70 FR 5967
hereby requested. Failure to comply
(February 4, 2005). The preliminary
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17233
Federal Register / Vol. 70, No. 64 / Tuesday, April 5, 2005 / Notices
results of review are currently due no
later than May 1, 2005.
Extension of Time Limit for Preliminary
Results
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (‘‘the Act’’), states
that, if it is not practicable to complete
the review within the time specified, the
administering authority may extend the
245-day period to issue its preliminary
results by up to 120 days. Completion
of the preliminary results of this review
within the 245-day period is not
practicable because the Department
needs additional time to conduct
verification of two companies’
questionnaire responses (one of which
requested revocation), to analyze the
information pertaining to these
companies’ verifications, and to review
supplemental questionnaire responses
of the third company.
Because it is not practicable to
complete this review within the time
specified under the Act, we are fully
extending the time period for issuing
the preliminary results of review to 365
days until June 30, 2005, in accordance
with section 751(a)(3)(A) of the Act. The
final results continue to be due 120 days
after the publication of the preliminary
results of review.
Dated: March 29, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. E5–1538 Filed 4–4–05; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Separate Rates and Combination Rates
in Antidumping Investigations
involving Non–Market Economy
Countries
Import Administration,
International Trade Administration,
Department of Commerce
ACTION: Announcement of Change in
Practice
AGENCY:
SUMMARY: The Department of Commerce
(‘‘the Department’’) is instituting two
modifications in its non–market
economy (‘‘NME’’) practice in
antidumping investigations: one on
separate rates and one on combination
rates. The separate rates practice refers
to the Department’s long–standing
policy in antidumping investigations of
presuming that all firms within an NME
country are subject to government
control and thus should all be assigned
a single rate unless a respondent can
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demonstrate an absence of both de jure
and de facto control over its export
activities. For firms that qualify for
separate rate status, the Department
assigns the respondent its own
individually calculated rate or, in the
case of a non–investigated firm, a rate
based upon the weighted–average of the
rates of the investigated companies,
excluding any rates that are zero, de
minimis, or based entirely on facts
available.
On May 3, 2004, the Department first
published a notice in the Federal
Register requesting comment on its
separate rates practice and on various
proposed changes to this practice (69 FR
24119). In response to this notice and
request for comment, the Department
received 23 submissions from interested
parties. Taking into account the
submissions in response to the May
2004 notice requesting comments on
various changes to its separate rates
practice the Department published a
second notice on September 20, 2004,
which outlined revised options. This
provided the public with a further
opportunity to comment on whether
these changes would be consistent with
the statute and would appropriately
redress problems that have been
identified concerning separate rates. In
response to this second notice in the
Federal Register published on
September 20, 2004, requesting
comments on the Department’s separate
rates practice and implementation of
combination rates (69 FR 56188), the
Department received 14 submissions.
Having carefully considered the
arguments presented by parties in the
previous two notices, as well as the
Department’s experience in recently
concluded antidumping investigations,
the Department further narrowed the
options for changing its separate rates
practice in its third notice in the
Federal Register, published on
December 28, 2004 (69 FR 77722). In
this notice, the Department
provisionally decided to adopt an
application process for evaluating
separate rate requests by non–
investigated firms, and to outline in
specific detail its proposal to institute
combination rates (also known as
‘‘chain’’ or ‘‘channel’’ rates) for all firms
receiving separate rate status in NME
investigations.
In order to provide interested parties
another opportunity to comment on
these detailed proposals before
instituting them, the Department posted
the draft application on the Import
Administration website and once again
invited public comment on both the
draft application and on the proposal to
institute combination rates for all
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exporters deemed eligible for a separate
rate in NME investigations. In response
to this third opportunity for public
comment on proposed changes in the
Department’s separate rates practice and
implementation of combination rates,
the Department received 12
submissions.
As a result of almost a year of
deliberation and extensive public
comment, the Department is finalizing
its decision to adopt an application
process for non–investigated firms in
future NME antidumping investigations
and to begin assigning only exporter–
producer specific ‘‘combination’’ rates
in these investigations to the mandatory
respondents receiving an individually
calculated separate rate, as well as to the
pool of non–investigated firms receiving
a separate rate. After consideration of
the public comments, the Department
has modified the separate rates
application and its requirements, as
well as the proposal to institute
combination rates. Both changes in
practice are being made after
consideration of several rounds of
public comment, and neither change
alters the threshold of eligibility for a
separate rate, which remains an absence
of de jure and de facto government
control over a firm’s export activities. A
detailed explanation of both final
decisions on these changes in practice
can be found in Policy Bulletin 05.1,
which will be posted on the Import
Administration website at the following
address: https://ia.ita.doc.gov/. The final
template of the separate rates
application will likewise be found on
the Import Administration website;
however, for each new investigation, a
specific application will be posted. Both
changes in practice will take effect in
the next NME antidumping
investigation that is initiated after
publication of this notice. These
changes in practice only apply to
investigations, and the Department is
continuing to evaluate whether to
extend these changes in practice to
administrative reviews.
EFFECTIVE DATE:
March 5, 2005.
FOR FURTHER INFORMATION CONTACT:
Lawrence Norton, Economist, or
Anthony Hill, Senior International
Economist, Office of Policy, Import
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington DC, 20230,
202–482–1579 or 202–482–1843,
respectively.
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]]>Agencies
[Federal Register Volume 70, Number 64 (Tuesday, April 5, 2005)]
[Notices]
[Pages 17232-17233]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-1538]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-601]
Extension of Time Limit for the Preliminary Results of
Antidumping Duty Administrative Review: Tapered Roller Bearings, and
Parts Thereof, Finished or Unfinished, From the People's Republic of
China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce
DATES: Effective Date: April 5, 2005.
FOR FURTHER INFORMATION CONTACT: Laurel Lacivita or Eugene Degnan, AD/
CVD Operations, Office 8, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
4243 or (202) 482-0414, respectively.
Background
On July 28, 2004, the Department of Commerce (``the Department'')
published in the Federal Register a notice of initiation of the
antidumping duty administrative review of tapered roller bearings and
parts thereof, finished or unfinished, from the People's Republic of
China for the period June 1, 2003, through May 31, 2004. See Initiation
of Antidumping and Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 69 FR 45010 (July 28, 2004). On
February 4, 2005, the Department published in the Federal Register a
notice extending the time limit for the preliminary results of the
administrative review from March 2, 2005, to May 1, 2005. See Extension
of Time Limit for the Preliminary Results of Antidumping Duty
Administrative Review: Tapered Roller Bearings, and Parts Thereof,
Finished or Unfinished From the People's Republic of China 70 FR 5967
(February 4, 2005). The preliminary
[[Page 17233]]
results of review are currently due no later than May 1, 2005.
Extension of Time Limit for Preliminary Results
Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (``the
Act''), states that, if it is not practicable to complete the review
within the time specified, the administering authority may extend the
245-day period to issue its preliminary results by up to 120 days.
Completion of the preliminary results of this review within the 245-day
period is not practicable because the Department needs additional time
to conduct verification of two companies' questionnaire responses (one
of which requested revocation), to analyze the information pertaining
to these companies' verifications, and to review supplemental
questionnaire responses of the third company.
Because it is not practicable to complete this review within the
time specified under the Act, we are fully extending the time period
for issuing the preliminary results of review to 365 days until June
30, 2005, in accordance with section 751(a)(3)(A) of the Act. The final
results continue to be due 120 days after the publication of the
preliminary results of review.
Dated: March 29, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-1538 Filed 4-4-05; 8:45 am]
BILLING CODE 3510-DS-P
