Silicon Metal from the People's Republic of China: Notice of Extension of Time Limit for Final Results of 2005/2006 New Shipper Reviews, 40838-40839 [E7-14371]

Download as PDF 40838 Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Notices Market Total Quantity in Pieces Terms of Sale Total Value 2.. a. Exporter Name. b. Address. c. Contact. d. Phone No.. e. Fax No.. 3. Constructed Export Price Sales. 4. Further Manufactured. Total Sales. by your company directly to the United States; • Please include any sales exported by your company to a third–country market economy reseller where you had knowledge that the merchandise was destined to be resold to the United States. • If you are a producer of subject merchandise, please include any sales manufactured by your company that were subsequently exported by an affiliated exporter to the United States. • Please do not include any sales of merchandise manufactured in Hong Kong in your figures. Total Quantity: • Please report quantity on a piece basis. If any conversions were used, please provide the conversion formula and source. Terms of Sales: • Please report all sales on the same terms (e.g., free on board). Total Value: • All sales values should be reported in U.S. dollars. Please indicate any exchange rates used and their respective dates and sources. Export Price Sales: • Generally, a U.S. sale is classified as an export price sale when the first sale to an unaffiliated person occurs before importation into the United States. • Please include any sales exported by your company directly to the United States; • Please include any sales exported by your company to a third–country market economy reseller where you had knowledge that the merchandise was destined to be resold to the United States. • If you are a producer of subject merchandise, please include any sales manufactured by your company that were subsequently exported by an affiliated exporter to the United States. • Please do not include any sales of merchandise manufactured in Hong Kong in your figures. rwilkins on PROD1PC63 with NOTICES Constructed Export Price Sales: • Generally, a U.S. sale is classified as a constructed export price sale when the first sale to an unaffiliated person occurs after importation. However, if the first sale to the unaffiliated person is made by a person in the United States affiliated with the foreign exporter, constructed export price applies even if the sale occurs prior to importation. • Please include any sales exported VerDate Aug<31>2005 19:31 Jul 24, 2007 Jkt 211001 Further Manufactured: • Further manufacture or assembly costs include amounts incurred for direct materials, labor and overhead, plus amounts for general and administrative expense, interest expense, and additional packing expense incurred in the country of further manufacture, as well as all costs involved in moving the product from the U.S. port of entry to the further manufacturer. [FR Doc. E7–14370 Filed 7–24–07; 8:45 am] Billing Code: 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–570–806] Silicon Metal from the People’s Republic of China: Notice of Extension of Time Limit for Final Results of 2005/ 2006 New Shipper Reviews Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: July 25, 2007. FOR FURTHER INFORMATION CONTACT: Scot Fullerton or Michael Quigley, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; AGENCY: PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 telephone: (202) 482–1386 or (202) 482– 4047, respectively. SUPPLEMENTARY INFORMATION: Background On May 21, 2007, the Department of Commerce (the Department) published in the Federal Register the preliminary results of these new shipper reviews. See Silicon Metal from the People’s Republic of China: Preliminary Results of the 2005/2006 New Shipper Reviews, 72 FR 28467 (May 21, 2007). The final results of these reviews are currently due byAugust 9, 2007. Extension of Time Limits for Final 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 final results of a new shipper review to 150 days if it determines that the case is extraordinarily complicated. See section 751(a)(2)(B)(iv) of the Act, and 19 CFR 351.214(i)(2). The Department has determined that these new shipper reviews are extremely complicated because of the numerous and complex issues raised by interested parties in their case briefs concerning surrogate country and surrogate value selection. Therefore, the Department finds that it is not practicable to complete these new shipper reviews within the current time limit. Accordingly, the Department is extending the time limit for the completion of the final results by 60 days until October 8, 2007, in accordance with section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(i)(2). However, because October 8, 2007, is a federal holiday, the final results will be due on October 9, 2007, the next business day. E:\FR\FM\25JYN1.SGM 25JYN1 Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Notices We are issuing and publishing this notice in accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act. Dated: July 18, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7–14371 Filed 7–24–07; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [C–570–917] Laminated Woven Sacks from the People’s Republic of China: Initiation of Countervailing Duty Investigation Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: July 25, 2007. FOR FURTHER INFORMATION CONTACT: Mark Hoadley or Joshua Reitze, AD/ CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–3128 and (202) 482–0666, respectively. AGENCY: Initiation of Investigation SUPPLEMENTARY INFORMATION: rwilkins on PROD1PC63 with NOTICES The Petition On June 28, 2007, the Department of Commerce (Department) received a Petition filed in proper form by the Laminated Woven Sacks Committee and its individual members, Bancroft Bag, Inc., Coating Excellence International, LLC, Hood Packaging Corporation, Mid– America Packaging, LLC, and Polytex Fibers Corporation (collectively, the Petitioners). See Petition for the Imposition of Antidumping and Countervailing Duties Against Laminated Woven Sacks from the People’s Republic of China (June 28, 2007) (Petition). On July 2, July 6, July 11, and July 12, 2007, the Department issued requests for additional information and clarification of certain areas of the Petition involving general issues concerning the countervailing duty (CVD) allegations. Based on the Department’s requests, the Petitioners filed additional information concerning the Petition on July 11 and July 13, 2007. In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the Petitioners allege that manufacturers, producers, or exporters of laminated woven sacks (LWS) in the VerDate Aug<31>2005 19:31 Jul 24, 2007 Jkt 211001 People’s Republic of China (the PRC) receive countervailable subsidies within the meaning of section 701 of the Act and that such imports are materially retarding the establishment of an industry in the United States, or that such an industry is materially injured or threatened with material injury by reason of such imports. The Department finds that the Petitioners filed the Petition on behalf of the domestic industry because they are interested parties as defined in sections 771(9)(E) and (F) of the Act and the Petitioners have demonstrated sufficient industry support with respect to the countervailing duty investigation (see ‘‘Determination of Industry Support for the Petition’’ section below). Scope of Investigation The merchandise covered by this investigation is laminated woven sacks. See Attachment to this notice for a complete description of the merchandise covered by this investigation. Comments on Scope of Investigation During our review of the Petition, we discussed the scope with the Petitioners to ensure that it is an accurate reflection of the products for which the domestic industry is See king relief. Moreover, as discussed in the preamble to the regulations (Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997)), we are setting aside a period for interested parties to raise issues regarding product coverage. The Department encourages all interested parties to submit such comments by August 7, 2007. Comments should be addressed to Import Administration’s Central Records Unit, Room 1870, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230, attention Mark Hoadley, room 7866. The period of scope consultations is intended to provide the Department with ample opportunity to consider all comments and to consult with parties prior to the issuance of the preliminary determination. Consultations Pursuant to section 702(b)(4)(A)(ii) of the Act, on June 29, 2007, the Department invited representatives of the Government of the People’s Republic of China (herein after the GOC) for consultations with respect to the countervailing duty Petition. The Department held these consultations in Beijing, China, with representatives of the GOC on July 16, 2007. See Memorandum to the File, PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 40839 ‘‘Consultations with Officials from the Government of the People’s Republic of China’’ (July 16, 2007) (on file in the Central Records Unit (CRU) of the Department of Commerce building, Room B–099). Determination of Industry Support for the Petition Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) at least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, the Department shall: (i) poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A), or (ii) determine industry support using a statistically valid sampling method. Section 771(4)(A) of the Act defines the ‘‘industry’’ as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs the Department to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether ‘‘the domestic industry’’ has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both the Department and the ITC must apply the same statutory definition regarding the domestic like product (section 771(10) of the Act), they do so for different purposes and pursuant to a separate and distinct authority. In addition, the Department’s determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law. See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001), citing Algoma Steel Corp. Ltd. v. United States, 688 F. Supp. 639, 644 (1988), aff’d 865 F.2d 240 (Fed. Cir. 1989), cert. denied 492 U.S. 919 (1989). Section 771(10) of the Act defines the domestic like product as ‘‘a product E:\FR\FM\25JYN1.SGM 25JYN1

Agencies

[Federal Register Volume 72, Number 142 (Wednesday, July 25, 2007)]
[Notices]
[Pages 40838-40839]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-14371]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-806]


Silicon Metal from the People's Republic of China: Notice of 
Extension of Time Limit for Final Results of 2005/2006 New Shipper 
Reviews

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

EFFECTIVE DATE: July 25, 2007.

FOR FURTHER INFORMATION CONTACT: Scot Fullerton or Michael Quigley, 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-
1386 or (202) 482-4047, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 21, 2007, the Department of Commerce (the Department) 
published in the Federal Register the preliminary results of these new 
shipper reviews. See Silicon Metal from the People's Republic of China: 
Preliminary Results of the 2005/2006 New Shipper Reviews, 72 FR 28467 
(May 21, 2007). The final results of these reviews are currently due 
byAugust 9, 2007.

Extension of Time Limits for Final 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 final results of a new shipper review to 150 days if 
it determines that the case is extraordinarily complicated. See section 
751(a)(2)(B)(iv) of the Act, and 19 CFR 351.214(i)(2).
    The Department has determined that these new shipper reviews are 
extremely complicated because of the numerous and complex issues raised 
by interested parties in their case briefs concerning surrogate country 
and surrogate value selection. Therefore, the Department finds that it 
is not practicable to complete these new shipper reviews within the 
current time limit. Accordingly, the Department is extending the time 
limit for the completion of the final results by 60 days until October 
8, 2007, in accordance with section 751(a)(2)(B)(iv) of the Act and 19 
CFR 351.214(i)(2). However, because October 8, 2007, is a federal 
holiday, the final results will be due on October 9, 2007, the next 
business day.

[[Page 40839]]

    We are issuing and publishing this notice in accordance with 
sections 751(a)(2)(B) and 777(i)(1) of the Act.

    Dated: July 18, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-14371 Filed 7-24-07; 8:45 am]
BILLING CODE 3510-DS-S