Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles, From the People's Republic of China: Extension of Time Limit for the Preliminary Results of the Antidumping Duty Administrative Review, 62095-62096 [E5-5985]

Download as PDF Federal Register / Vol. 70, No. 208 / Friday, October 28, 2005 / Notices on all appropriate entries, pursuant to 19 CFR 351.212(b). We have calculated importer–specific duty assessment rates on the basis of the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of the examined sales for each importer. We will direct CBP to assess the resulting assessment rates against the entered customs values for the subject merchandise on each of the importer’s entries during the review period. The Department will issue appropriate assessment instructions directly to the CBP within 15 days of publication of these final results of review. Cash Deposit Requirements Bonding is no longer permitted to fulfill security requirements for shipments from Hilton of stainless steel flanges from India entered, or withdrawn from warehouse, for consumption on or after the publication date of these final results of new shipper review. The following cash–deposit requirements will be effective upon publication of the final results of this new shipper review for all shipments of subject merchandise entered or withdrawn from warehouse for consumption on or after the publication date as provided for by section 751(a)(1) and 751 (a)(2)(C) of the Tariff Act of 1930, as amended (the Act): • for subject merchandise manufactured and exported by Hilton the cash deposit rate shall be 0.89 percent; • for subject merchandise exported by Hilton but not manufactured by Hilton the cash–deposit rate will continue to be the ‘‘all others’’ rate or the rate applicable to the manufacturer, if so established; • the cash deposit rate for exporters who received a rate in a prior segment of the proceeding will continue to be the rate assigned in that segment of the proceeding; • if the exporter is not a firm covered in this review or in any previous segment of this proceeding, but the manufacturer is, the cash deposit rate will be that established for the manufacturer in the most recent segment of these proceedings in which that manufacturer participated; • if neither the exporter nor the manufacturer is a firm covered in this review or in any previous segment of this proceeding, the cash deposit rate will be 162.14 percent, the all others rate established in the less–than-fair– value investigation. (See Amended Final Determination and Antidumping Duty Order; Certain Forged Stainless Steel VerDate Aug<31>2005 18:15 Oct 27, 2005 Jkt 208001 Flanges from India, 59 FR 5994 (February 9, 1994)). These deposit requirements shall remain in effect until publication of the final results of the next administrative review. This notice also serves as a final reminder to importers of their responsibility under 19 CFR § 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR § 351.305. Timely written notification of return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. We are issuing and publishing this new shipper review and notice in accordance with sections 751(a)(2)(B) and 777(i) of the Act. Dated: October 21, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. 05–21580 Filed 10–27–05; 8:45 am] EFFECTIVE DATE: 62095 October 28, 2005. FOR FURTHER INFORMATION CONTACT: Hallie Noel Zink, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington DC 20230; telephone: (202) 482–3208. SUPPLEMENTARY INFORMATION: Statutory Time Limits Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), requires the Department of Commerce (‘‘the Department’’) to make a preliminary determination within 245 days after the last day of the anniversary month of an order for which a review is requested and a final determination within 120 days after the date on which the preliminary determination is published. However, if it is not practicable to complete the review within these time periods, section 751(a)(3)(A) of the Act allows the Department to extend the time limit for the preliminary determination to a maximum of 365 days after the last day of the anniversary month. Background On March 23, 2005, the Department published a notice of initiation of a review of HFHTs from the PRC covering the period February 1, 2004 through January 31, 2005. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 70 FR 14643 (March 23, 2005). BILLING CODE 3510–DS–S Extension of Time Limit of Preliminary Results DEPARTMENT OF COMMERCE International Trade Administration [A–570–803] Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles, From the People’s Republic of China: Extension of Time Limit for the Preliminary Results of the Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) is extending the time limit for the preliminary results of the review of Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles (‘‘HFHTs’’) from the People’s Republic of China (‘‘PRC’’). This review covers the period February 1, 2004 through January 31, 2005. AGENCY: PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 The Department determines that completion of the preliminary results of this review within the 245-day period is not practicable. This review covers four companies, and to conduct the sales and factor analyses for each requires the Department to gather and analyze a significant amount of information pertaining to each company’s sales practices, manufacturing methods and corporate relationships. The Department also requires additional time in order to analyze complicated potential affiliation issues between some of the companies participating in this review. Therefore, given the number and complexity of issues in this case, and in accordance with section 751(a)(3)(A) of the Act, we are extending the time period for issuing the preliminary results of review by 120 days until February 28, 2006. The final results continue to be due 120 days after the publication of the preliminary results. E:\FR\FM\28OCN1.SGM 28OCN1 62096 Federal Register / Vol. 70, No. 208 / Friday, October 28, 2005 / Notices Dated: October 21, 2005. Gary Taverman, Acting Deputy Assistant Secretaryfor Import Administration. [FR Doc. E5–5985 Filed 10–27–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–475–829] Stainless Steel Bar from Italy: Preliminary Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce is conducting an administrative review of the antidumping duty order on stainless steel bar from Italy. The period of review is March 1, 2004, through February 28, 2005. This review covers imports of stainless steel bar from one producer/exporter, UGITECH, S.A. We have preliminarily found that UGITECH, S.A. did not make shipments of the subject merchandise to the United States during the period of review and, therefore, we are preliminarily rescinding this antidumping duty administrative review. We invite interested parties to comment on these preliminary results. We will issue the final results not later than 120 days from the date of publication of this notice. EFFECTIVE DATE: October 28, 2005. FOR FURTHER INFORMATION CONTACT: Scott Holland, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington DC 20230; telephone (202) 482–1279. SUPPLEMENTARY INFORMATION: AGENCY: Background On March 7, 2002, the Department of Commerce (‘‘the Department’’) published an antidumping duty order on stainless steel bar (‘‘SSB’’) from Italy. See Notice of Antidumping Duty Order: Stainless Steel Bar from Italy, 67 FR 10384 (March 7, 2002). On October 10, 2003, the Department published an amended antidumping duty order on SSB from Italy. See Notice of Amended Antidumping Duty Orders: Stainless Steel Bar from France, Germany, Italy, Korea, and the United Kingdom, 68 FR 58660 (October 10, 2003). On March 1, 2005, the Department published in the Federal Register a notice of opportunity for interested VerDate Aug<31>2005 18:15 Oct 27, 2005 Jkt 208001 parties to request an administrative review of the antidumping duty order on SSB from Italy. See Notice of Opportunity to Request Administrative Review of Antidumping or Countervailing Duty Order, Finding or Suspended Investigation, 70 FR 9918 (March 1, 2005). On March 31, 2005, Carpenter Technology Corp., Valbruna Slater Stainless, Inc., Electralloy Corp., a Division of G.O. Carlson, Inc. (collectively, ‘‘the petitioners’’), requested an administrative review of imports of the subject merchandise produced by UGITECH, S.A. (‘‘UGITECH’’), an Italian exporter/ producer of the subject merchandise. In accordance with 19 CFR 351.221(b)(1), we published a notice of initiation of this antidumping duty administrative review on April 22, 2005. See Notice of Initiation of Antidumping and Countervailing Duty Administrative Reviews, 70 FR 20862 (April 22, 2005). The period of review (‘‘POR’’) is March 1, 2004, through February 28, 2005. On April 22, 2005, the Department issued an antidumping duty questionnaire to UGITECH. On May 31, 2005, UGITECH informed the Department that it made no entries of subject merchandise during the POR and requested that the Department rescind the instant review with respect to UGITECH, in accordance with 19 CFR 351.213(d)(3). On June 30, 2005, the petitioners submitted comments on UGITECH’s May 31, 2005, submission and requested that the Department investigate further UGITECH’s rescission request. On August 16, 2005, UGITECH responded to the petitioners’ comments. On September 14, 2005, the petitioners submitted additional comments. Scope of the Order For purposes of this order, the term ‘‘SSB’’ includes articles of stainless steel in straight lengths that have been either hot–rolled, forged, turned, cold–drawn, cold–rolled or otherwise cold–finished, or ground, having a uniform solid cross section along their whole length in the shape of circles, segments of circles, ovals, rectangles (including squares), triangles, hexagons, octagons, or other convex polygons. SSB includes cold– finished stainless steel bars that are turned or ground in straight lengths, whether produced from hot–rolled bar or from straightened and cut rod or wire, and reinforcing bars that have indentations, ribs, grooves, or other deformations produced during the rolling process. Except as specified above, the term does not include stainless steel semi– finished products, cut length flat–rolled PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 products (i.e., cut length rolled products which if less than 4.75 mm in thickness have a width measuring at least 10 times the thickness, or if 4.75 mm or more in thickness having a width which exceeds 150 mm and measures at least twice the thickness), products that have been cut from stainless steel sheet, strip or plate, wire (i.e., cold–formed products in coils, of any uniform solid cross section along their whole length, which do not conform to the definition of flat–rolled products), and angles, shapes and sections. The SSB subject to this order is currently classifiable under subheadings 7222.11.00.05, 7222.11.00.50, 7222.19.00.05, 7222.19.00.50, 7222.20.00.05, 7222.20.00.45, 7222.20.00.75, and 7222.30.00.00 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. Preliminary Rescission of Administrative Review Pursuant to section 351.213(d)(3) of the Department’s regulations, the Department may rescind an administrative review, in whole or in part, with respect to a particular exporter or producer, if the Department concludes that there were no entries, exports, or sales of the subject merchandise during the POR. See e.g., Stainless Steel Bar from Italy: Final Results of Antidumping Duty Administrative Review and Rescission of Review, 70 FR 46480 (March 10, 2005). On May 31, 2005, UGITECH claimed that it did not export subject merchandise to the United States during the instant POR. The Department conducted a U.S. Customs and Border Protection (‘‘CBP’’) inquiry. See Memorandum to the File, ‘‘U.S. Customs and Border Protection Data,’’ dated July 12, 2005. The result of the CBP inquiry confirmed UGITECH’s claims that it made no entries of subject merchandise during the POR. Therefore, the Department is preliminarily rescinding this administrative review. Public Comment Any interested party may request a hearing within 30 days of publication of this notice. A hearing, if requested, will be held 37 days after the publication of this notice, or the first business day thereafter. Interested parties may submit case briefs within 30 days of the date of publication of this notice. Rebuttal briefs, which must be limited to issues raised in the case briefs, may be filed not later than 35 days after the date of E:\FR\FM\28OCN1.SGM 28OCN1

Agencies

[Federal Register Volume 70, Number 208 (Friday, October 28, 2005)]
[Notices]
[Pages 62095-62096]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-5985]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-803]


Heavy Forged Hand Tools, Finished or Unfinished, With or Without 
Handles, From the People's Republic of China: Extension of Time Limit 
for the Preliminary Results of the Antidumping Duty Administrative 
Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is extending 
the time limit for the preliminary results of the review of Heavy 
Forged Hand Tools, Finished or Unfinished, With or Without Handles 
(``HFHTs'') from the People's Republic of China (``PRC''). This review 
covers the period February 1, 2004 through January 31, 2005.

EFFECTIVE DATE: October 28, 2005.

FOR FURTHER INFORMATION CONTACT: Hallie Noel Zink, AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington DC 20230; telephone: (202) 482-3208.

SUPPLEMENTARY INFORMATION:

Statutory Time Limits

    Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (``the 
Act''), requires the Department of Commerce (``the Department'') to 
make a preliminary determination within 245 days after the last day of 
the anniversary month of an order for which a review is requested and a 
final determination within 120 days after the date on which the 
preliminary determination is published. However, if it is not 
practicable to complete the review within these time periods, section 
751(a)(3)(A) of the Act allows the Department to extend the time limit 
for the preliminary determination to a maximum of 365 days after the 
last day of the anniversary month.

Background

    On March 23, 2005, the Department published a notice of initiation 
of a review of HFHTs from the PRC covering the period February 1, 2004 
through January 31, 2005. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Requests for Revocation 
in Part, 70 FR 14643 (March 23, 2005).

Extension of Time Limit of Preliminary Results

    The Department determines that completion of the preliminary 
results of this review within the 245-day period is not practicable. 
This review covers four companies, and to conduct the sales and factor 
analyses for each requires the Department to gather and analyze a 
significant amount of information pertaining to each company's sales 
practices, manufacturing methods and corporate relationships. The 
Department also requires additional time in order to analyze 
complicated potential affiliation issues between some of the companies 
participating in this review.
    Therefore, given the number and complexity of issues in this case, 
and in accordance with section 751(a)(3)(A) of the Act, we are 
extending the time period for issuing the preliminary results of review 
by 120 days until February 28, 2006. The final results continue to be 
due 120 days after the publication of the preliminary results.


[[Page 62096]]


    Dated: October 21, 2005.
Gary Taverman,
Acting Deputy Assistant Secretaryfor Import Administration.
[FR Doc. E5-5985 Filed 10-27-05; 8:45 am]
BILLING CODE 3510-DS-S
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