Honey from the People's Republic of China: Extension of Time Limit for Preliminary Results of 2003/2004 New Shipper Review, 55109 [05-18714]

Download as PDF Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Notices Issues raised in the hearing will be limited to those raised in case briefs and rebuttal briefs. Case briefs from interested parties may be submitted not later than 30 days after publication of this notice. Rebuttal briefs, limited to the issues raised in the case briefs, may be filed not later than five days after the submission of case briefs. Parties who submit case briefs or rebuttal briefs in this proceeding are requested to submit with each argument (1) a statement of the issue and (2) a brief summary of the argument. Parties are encouraged to provide a summary of the arguments not exceeding five pages and a table of statutes, regulations, and cases cited. The Department will publish the final results of this changed circumstances review, including the results of its analysis of issues raised in any written comments, not later than November 7, 2005. We are issuing and publishing this determination and notice in accordance with sections 751(b)(1) and 777(i)(1) of the Act and 19 CFR 351.216. Dated: September 14, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. 05–18715 Filed 9–19–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–570–863] Honey from the People’s Republic of China: Extension of Time Limit for Preliminary Results of 2003/2004 New Shipper Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: September 20, 2005. FOR FURTHER INFORMATION CONTACT: Anya Naschak at (202) 482–6375; AD/ CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: Background On December 10, 2001, the Department published in the Federal Register an antidumping duty order covering honey from the PRC. See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order; Honey from the People’s Republic of China, 66 FR 63670 (December 10, 2001). On VerDate Aug<31>2005 14:53 Sep 19, 2005 Jkt 205001 December 22, 2004, the Department received a timely request from Kunshan Xin’an Trade Co., Ltd. (‘‘Xinan’’) in accordance with 19 CFR 351.214 (c), for a new shipper review of the antidumping duty order on honey from the PRC, which has a December annual anniversary month. On January 31, 2005, the Department initiated a review for Xinan. See Honey from the People’s Republic of China: Initiation of New Shipper Antidumping Duty Review, 70 FR 6412 (February 7, 2005) (‘‘NSR Xinan Initiation’’) On July 14, 2005, the Department extended the time limit for issuance of the preliminary results of this review by 45 days. See Honey from the People’s Republic of China: Extension of Time Limit for Preliminary Results of 2003/ 2004 New Shipper Review, 70 FR 42033 (July 21, 2005). On August 10, 2005, the Department issued a memorandum that stated the Department’s intent to rescind this new shipper review because of the non–bona fide nature of Xinan’s sales transaction. See Memorandum From James C. Doyle, Director, Office 9, to Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration: Bona Fide Analysis for Kunshan Xin’an Trade Co., Ltd.’s Sale in the New Shipper Review of Honey from the People’s Republic of China, dated August 10, 2005. We received comments on our intent to rescind this new shipper review from Xinan on August 25, 2005. We received rebuttal comments from the American Honey Producers and the Sioux Honey Association (collectively, ‘‘petitioners’’) on August 31, 2005. The deadline for completion of the preliminary results is currently September 13, 2005. Extension of Time Limits for Preliminary Results Section 751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(i)(1) require the Department to issue the preliminary results of a new shipper review within 180 days after the date on which the new shipper review was initiated and final results of a review within 90 days after the date on which the preliminary results were issued. The Department may, however, extend the deadline for completion of the preliminary results of a new shipper review to 300 days if it determines that the case is extraordinarily complicated (19 CFR 351.214 (i)(2)). Pursuant to section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214 (i)(2), we determine that this review is extraordinarily complicated and that it is not practicable to complete this new shipper review within the current time PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 55109 limit. Specifically, the Department requires additional time to analyze the comments received by parties on the Department’s bona fides analysis. Accordingly, the Department is extending the time limit for the completion of the preliminary results by 20 days, to October 3, 2005, in accordance with section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(i)(2). This notice is issued and published in accordance with section 751(a)(3)(A) of the Act. Dated: September 13, 2005. Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. 05–18714 Filed 9–19–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–351–806] Silicon Metal from Brazil: Notice of Court Decision and Suspension of Liquidation Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 26, 2005, in Elkem Metals Company and Globe Metallurgical Inc. v. United States, Slip Op. 05–109 (Elkem Metals III), the Court of International Trade (CIT) affirmed the Final Results of Redetermination Pursuant to Remand (Remand Results II) released by the Department of Commerce (the Department), on March 16, 2005. Consistent with the decision of the U.S. Court of Appeals for the Federal Circuit (CAFC) in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), the Department will continue to order the suspension of liquidation of the subject merchandise, where appropriate, until there is a ‘‘conclusive’’ decision in this case. If the case is not appealed, or if it is affirmed on appeal, the Department will instruct U.S. Customs and Border Protection (CBP) to liquidate all relevant entries from Rima Industrial, S.A. (Rima), as appropriate. AGENCY: EFFECTIVE DATE: September 20, 2005. FOR FURTHER INFORMATION CONTACT: Maisha Cryor, AD/CVD Enforcement, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, DC 20230, telephone 202–482–5831, fax 202–482–5105. SUPPLEMENTARY INFORMATION: E:\FR\FM\20SEN1.SGM 20SEN1

Agencies

[Federal Register Volume 70, Number 181 (Tuesday, September 20, 2005)]
[Notices]
[Page 55109]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-18714]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-863]


Honey from the People's Republic of China: Extension of Time 
Limit for Preliminary Results of 2003/2004 New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: September 20, 2005.

FOR FURTHER INFORMATION CONTACT: Anya Naschak at (202) 482-6375; AD/CVD 
Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On December 10, 2001, the Department published in the Federal 
Register an antidumping duty order covering honey from the PRC. See 
Notice of Amended Final Determination of Sales at Less Than Fair Value 
and Antidumping Duty Order; Honey from the People's Republic of China, 
66 FR 63670 (December 10, 2001). On December 22, 2004, the Department 
received a timely request from Kunshan Xin'an Trade Co., Ltd. 
(``Xinan'') in accordance with 19 CFR 351.214 (c), for a new shipper 
review of the antidumping duty order on honey from the PRC, which has a 
December annual anniversary month. On January 31, 2005, the Department 
initiated a review for Xinan. See Honey from the People's Republic of 
China: Initiation of New Shipper Antidumping Duty Review, 70 FR 6412 
(February 7, 2005) (``NSR Xinan Initiation'')
    On July 14, 2005, the Department extended the time limit for 
issuance of the preliminary results of this review by 45 days. See 
Honey from the People's Republic of China: Extension of Time Limit for 
Preliminary Results of 2003/2004 New Shipper Review, 70 FR 42033 (July 
21, 2005). On August 10, 2005, the Department issued a memorandum that 
stated the Department's intent to rescind this new shipper review 
because of the non-bona fide nature of Xinan's sales transaction. See 
Memorandum From James C. Doyle, Director, Office 9, to Barbara E. 
Tillman, Acting Deputy Assistant Secretary for Import Administration: 
Bona Fide Analysis for Kunshan Xin'an Trade Co., Ltd.'s Sale in the New 
Shipper Review of Honey from the People's Republic of China, dated 
August 10, 2005. We received comments on our intent to rescind this new 
shipper review from Xinan on August 25, 2005. We received rebuttal 
comments from the American Honey Producers and the Sioux Honey 
Association (collectively, ``petitioners'') on August 31, 2005. The 
deadline for completion of the preliminary results is currently 
September 13, 2005.

Extension of Time Limits for Preliminary Results

    Section 751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (the 
Act), and 19 CFR 351.214(i)(1) require the Department to issue the 
preliminary results of a new shipper review within 180 days after the 
date on which the new shipper review was initiated and final results of 
a review within 90 days after the date on which the preliminary results 
were issued. The Department may, however, extend the deadline for 
completion of the preliminary results of a new shipper review to 300 
days if it determines that the case is extraordinarily complicated (19 
CFR 351.214 (i)(2)).
    Pursuant to section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214 
(i)(2), we determine that this review is extraordinarily complicated 
and that it is not practicable to complete this new shipper review 
within the current time limit. Specifically, the Department requires 
additional time to analyze the comments received by parties on the 
Department's bona fides analysis. Accordingly, the Department is 
extending the time limit for the completion of the preliminary results 
by 20 days, to October 3, 2005, in accordance with section 
751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(i)(2).
    This notice is issued and published in accordance with section 
751(a)(3)(A) of the Act.

    Dated: September 13, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 05-18714 Filed 9-19-05; 8:45 am]
BILLING CODE 3510-DS-S