Laminated Woven Sacks from the People's Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation, 51614-51615 [E7-17747]
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Federal Register / Vol. 72, No. 174 / Monday, September 10, 2007 / Notices
ebenthall on PRODPC61 with NOTICES
has previously excluded Samsung
Electronics Co., Ltd. from this order. Id.
On August 13, 2007, Hynix requested
that the Department adjust the deposit
rate to more accurately reflect CVD
liability. Hynix asserts that the record of
this proceeding demonstrates a
substantial change to and termination of
known non–recurring subsidy benefit
streams in 2005 and 2006, as well as
termination of the program related to
GOK entrustment or direction prior to
2004. Citing 19 CFR 351.526, Hynix
claims that the Department has
regulations involving program–wide
changes that allow it to adjust the
deposit rate, as well as the discretion to
effect changes in the deposit rate where
circumstances do not fit the more formal
program–wide change criteria.10 Hynix
asserts that under 19 CFR 351.526, the
Department may make an adjustment to
the CVD deposit rate where: 1) the
Department determines that a program–
wide change has occurred, which
encompasses any change effectuated by
an official act not limited to an
individual firm or firms; and 2) the
Department is able to measure the
change in the amount of the
countervailable subsidies provided
under the program in question. Hynix
alleges that the facts of this case, even
if they do not technically fit all aspects
of 19 CFR 351.526, are sufficient to
warrant a deposit rate adjustment
because an unadjusted CVD deposit rate
will not remotely reflect anticipated
CVD liability.
Hynix notes that the Department,
under 19 CFR 351.526, will only refrain
from such adjustments in cases when
residual benefits may continue under
the terminated program or when a
substitute program has been introduced.
Hynix asserts, however, that the
Department has departed from this
narrow rule in certain instances. Citing
the Pure Magnesium Decision
Memorandum,11 Hynix argues that the
Department has departed from the
narrower rule when the only event at
issue was the termination of a known
subsidy benefit stream during the POR.
Hynix claims that there is no statutory
10 See Stainless Steel Sheet and Strip in Coils
from France: Final Results of Countervailing Duty
Administrative Review, 68 FR 53963 (September 15,
2003), and accompanying Issues and Decision
Memorandum at Comment 3; and Low Enriched
Uranium from Germany, the Netherlands, and the
United Kingdom: Final Results of Countervailing
Duty Administrative Reviews, 69 FR 40869 (July 7,
2004), and accompanying Issues and Decision
Memorandum at Comment 3.
11 See Pure Magnesium and Alloy Magnesium
from Canada: Final Results of Countervailing Duty
Administrative Review, 70 FR 54367 (September 14,
2005), and accompanying Issues and Decision
Memorandum at Comment 2 (‘‘Pure Magnesium
Decision Memorandum’’).
VerDate Aug<31>2005
16:56 Sep 07, 2007
Jkt 211001
bar to further development of the
exception, and that the Department has
the discretion to draw distinctions on a
case–specific basis and to adjust the
deposit rate where necessary.
On August 21, 2007, petitioner
submitted a letter objecting to Hynix’s
request. Petitioner objects for the
following reasons: 1) the letter was too
late for the Department to consider; 2)
as Hynix admits, the facts do not fit all
aspects of 19 CFR 351.526, and the
Department has previously found that
expiration of benefits from a non–
recurring subsidy does not qualify as a
program wide change;12 3) even in cases
cited by Hynix where the Department
reduced the cash deposit rate to reflect
the expiration of non–recurring
subsidies, the amortization period
ended during the POR, and the
Department has made clear that where
the benefit is set to expire after the end
of the POR, no adjustment to the cash
deposit is necessary;13 and 4) Hynix’s
argument is premised on the
assumption that the Department will not
revise the allocation period for the 2003
bailout.
We disagree with Hynix that the cash
deposit rate should be revised for expiry
of the program related to GOK
entrustment or direction prior to 2004.
It is the Department’s general practice to
adjust cash deposit rates to reflect the
expected discontinuation of future
subsidy benefits only where it has been
demonstrated that a program–wide
change has occurred, pursuant to 19
CFR 351.526. As we stated in the Pure
Magnesium Decision Memorandum at
Comment 2, the Department only
provided a narrowly circumscribed
exception to this general practice in
light of certain, specific conditions;
namely, the information needed to make
the adjustment was derived entirely
from the POR and the expiry of the
subsidy meant the expected
countervailing duty rate for entries
subject to the deposit rate set in that
review was de minimis. These
circumstances do not apply in this
review. Therefore, the rationale for the
limited exception in prior cases is not
met in this review. Accordingly, we are
not revising the cash deposit rate for
expiry of the program related to GOK
entrustment or direction prior to 2004.
12 See Carbon and Ally Steel Wire Rod from
Canada: Final Affirmative Countervailing Duty
Determination, 67 FR 55813 (August 30, 2002), and
accompanying Issues and Decision Memorandum at
Comment 11.
13 See Pure Magnesium Decision Memorandum at
Comment 2.
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Fmt 4703
Sfmt 4703
Public Comment
Interested parties may submit written
arguments in case briefs within 30 days
of the date of publication of this notice.
Rebuttal briefs, limited to issues raised
in case briefs, may be filed not later than
five days after the date of filing the case
briefs. Parties who submit briefs in this
proceeding should provide a summary
of the arguments not to exceed five
pages and a table of statutes,
regulations, and cases cited. Copies of
case briefs and rebuttal briefs must be
served on interested parties in
accordance with 19 CFR 351.303(f).
Interested parties may request a
hearing within 30 days after the date of
publication of this notice. Unless
otherwise specified, the hearing, if
requested, will be held two days after
the scheduled date for submission of
rebuttal briefs.
The Department will publish a notice
of the final results of this administrative
review within 120 days from the
publication of these preliminary results.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: August 31, 2007.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E7–17759 Filed 9–7–07; 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:
Postponement of Preliminary
Determination in the Countervailing
Duty Investigation
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: September 10, 2007.
FOR FURTHER INFORMATION CONTACT:
Mark Hoadley or Jack Zhao, 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) 482–3148 and (202)
482–1396, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 18, 2007, the Department of
Commerce (Department) initiated the
countervailing duty investigation of
laminated woven sacks (LWS) from the
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Federal Register / Vol. 72, No. 174 / Monday, September 10, 2007 / Notices
People’s Republic of China. See
Laminated Woven Sacks from the
People’s Republic of China: Initiation of
Countervailing Duty Investigation, 72 FR
40839 (July 25, 2007). Currently, the
preliminary determination is due no
later than September 21, 2007.
Postponement of Due Date for
Preliminary Determination
On August 23, 2007, Bancroft Bag,
Inc., Coating Excellence International,
Inc., Hood Packaging Corporation, Mid–
America Packaging, LLC, and Polytex
Fibers Corporation (collectively,
petitioners), submitted a letter
requesting that the Department
postpone the preliminary determination
of the countervailing duty investigation
of LWS from the People’s Republic of
China by 65 days. Under section
703(c)(1)(A) of the Tariff Act of 1930, as
amended (the Act), the Department may
extend the period for reaching a
preliminary determination in a
countervailing duty investigation until
not later than the 130th day after the
date on which the administering
authority initiates an investigation if the
petitioner makes a timely request for an
extension of the period within which
the determination must be made under
section 703(b) of the Act. Pursuant to
section 351.205(e) of the Department’s
regulations, the petitioners’ request for
postponement of the preliminary
determination was made 25 days or
more before the scheduled date of the
preliminary determination.
Accordingly, we are extending the due
date for the preliminary determination
by 65 days to November 25, 2007.
Because November 25, 2007 is a
Sunday, the Department will issue the
preliminary determination no later than
November 26, 2007.
This notice is issued and published
pursuant to section 703(c)(2) of the Act.
Dated: August 31, 2007.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E7–17747 Filed 9–7–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
ebenthall on PRODPC61 with NOTICES
(C–580–835)
Stainless Steel Sheet and Strip in Coils
from the Republic of Korea:
Preliminary Results of Countervailing
Duty Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
VerDate Aug<31>2005
15:27 Sep 07, 2007
Jkt 211001
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
countervailing duty (CVD) order on
stainless steel sheet and strip in coils
from the Republic of Korea (Korea) for
the period January 1, 2005, through
December 31, 2005. We preliminarily
find that the net subsidy rate for the
producer/exporter under review is de
minimis. See the ‘‘Preliminary Results
of Review’’ section of this notice.
Interested parties are invited to
comment on these preliminary results.
(See the ‘‘Public Comment’’ section of
this notice).
EFFECTIVE DATE: September 10, 2007.
FOR FURTHER INFORMATION CONTACT:
Preeti Tolani or Robert Copyak, AD/
CVD Operations, Office 3, Import
Administration, U.S. Department of
Commerce, Room 4014, 14th Street and
Constitution Avenue, NW, Washington,
DC 20230; telephone: (202) 482–0395 or
(202) 482–2209, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 6, 1999, the Department
published in the Federal Register the
CVD order on stainless steel sheet and
strip in coils from Korea. See Amended
Final Determination: Stainless Steel
Sheet and Strip in Coils from the
Republic of Korea; and Notice of
Countervailing Duty Orders: Stainless
Steel Sheet and Strip from France, Italy
and the Republic of Korea, 64 FR 42923
(August 6, 1999). On August 1, 2006, the
Department published a notice of
opportunity to request an administrative
review of this CVD order. See
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity to Request
Administrative Review, 71 FR 43441
(August 1, 2006). On August 8, 2006, we
received a timely request for review
from Dai Yang Metal Co., Ltd. (DMC).
On September 29, 2006, the Department
published a notice of initiation of the
administrative review of the CVD order
on stainless steel sheet and strip in coils
from Korea covering the period of
review (POR) January 1, 2005, through
December 31, 2005. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews, 71 FR 57465
(September 29, 2006). On September 27,
2006, the Department sent
questionnaires to DMC and the
Government of Korea (GOK). On
November 30, 2006, the Department
received questionnaire responses from
DMC and the GOK. On February 12,
2007, DMC and the GOK submitted
responses to the Department’s January
29, 2007, supplemental questionnaires.
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51615
On May 9, 2007, the Department
published in the Federal Register an
extension of the preliminary results
deadline. See Stainless Steel Sheet and
Strip from the Republic of Korea:
Extension of Time Limit for Preliminary
Results of Countervailing Duty
Administrative Review, 72 FR 26338.
In accordance with 19 CFR
351.213(b), this review covers only
those producers or exporters for which
a review was specifically requested. The
only company subject to this review is
DMC.
Scope of Order
The products subject to this order are
certain stainless steel sheet and strip in
coils. Stainless steel is an alloy steel
containing, by weight, 1.2 percent or
less of carbon and 10.5 percent or more
of chromium, with or without other
elements. The subject sheet and strip is
a flat–rolled product in coils that is
greater than 9.5 mm in width and less
than 4.75 mm in thickness and that is
annealed or otherwise heat treated and
pickled or otherwise descaled. The
subject sheet and strip may also be
further processed (e.g., cold–rolled,
polished, aluminized, coated), provided
that it maintains the specific
dimensions of sheet and strip following
such processing.
The merchandise subject to this order
is currently classifiable in the
Harmonized Tariff Schedule of the
United States (HTSUS) at subheadings:
7219.13.00.30, 7219.13.00.50,
7219.13.00.70, 7219.13.00.80,
7219.14.00.30, 7219.14.00.65,
7219.14.00.90, 7219.32.00.05,
7219.32.00.20, 7219.32.00.25,
7219.32.00.35, 7219.32.00.36,
7219.32.00.38, 7219.32.00.42,
7219.32.00.44, 7219.33.00.05,
7219.33.00.20, 7219.33.00.25,
7219.33.00.35, 7219.33.00.36,
7219.33.00.38, 7219.33.00.42,
7219.33.00.44, 7219.34.00.05,
7219.34.00.20, 7219.34.00.25,
7219.34.00.30, 7219.34.00.35,
7219.35.00.05, 7219.35.00.15,
7219.35.00.30, 7219.35.00.35,
7219.90.00.10, 7219.90.00.20,
7219.90.00.25, 7219.90.00.60,
7219.90.00.80, 7220.12.10.00,
7220.12.50.00, 7220.20.10.10,
7220.20.10.15, 7220.20.10.60,
7220.20.10.80, 7220.20.60.05,
7220.20.60.10, 7220.20.60.15,
7220.20.60.60, 7220.20.60.80,
7220.20.70.05, 7220.20.70.10,
7220.20.70.15, 7220.20.70.60,
7220.20.70.80, 7220.20.80.00,
7220.20.90.30, 7220.20.90.60,
7220.90.00.10, 7220.90.00.15,
7220.90.00.60, and 7220.90.00.80.
Although the HTSUS subheadings are
E:\FR\FM\10SEN1.SGM
10SEN1
]]>Agencies
[Federal Register Volume 72, Number 174 (Monday, September 10, 2007)]
[Notices]
[Pages 51614-51615]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17747]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(C-570-917)
Laminated Woven Sacks from the People's Republic of China:
Postponement of Preliminary Determination in the Countervailing Duty
Investigation
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: September 10, 2007.
FOR FURTHER INFORMATION CONTACT: Mark Hoadley or Jack Zhao, 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-
3148 and (202) 482-1396, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 18, 2007, the Department of Commerce (Department) initiated
the countervailing duty investigation of laminated woven sacks (LWS)
from the
[[Page 51615]]
People's Republic of China. See Laminated Woven Sacks from the People's
Republic of China: Initiation of Countervailing Duty Investigation, 72
FR 40839 (July 25, 2007). Currently, the preliminary determination is
due no later than September 21, 2007.
Postponement of Due Date for Preliminary Determination
On August 23, 2007, Bancroft Bag, Inc., Coating Excellence
International, Inc., Hood Packaging Corporation, Mid-America Packaging,
LLC, and Polytex Fibers Corporation (collectively, petitioners),
submitted a letter requesting that the Department postpone the
preliminary determination of the countervailing duty investigation of
LWS from the People's Republic of China by 65 days. Under section
703(c)(1)(A) of the Tariff Act of 1930, as amended (the Act), the
Department may extend the period for reaching a preliminary
determination in a countervailing duty investigation until not later
than the 130th day after the date on which the administering authority
initiates an investigation if the petitioner makes a timely request for
an extension of the period within which the determination must be made
under section 703(b) of the Act. Pursuant to section 351.205(e) of the
Department's regulations, the petitioners' request for postponement of
the preliminary determination was made 25 days or more before the
scheduled date of the preliminary determination. Accordingly, we are
extending the due date for the preliminary determination by 65 days to
November 25, 2007. Because November 25, 2007 is a Sunday, the
Department will issue the preliminary determination no later than
November 26, 2007.
This notice is issued and published pursuant to section 703(c)(2)
of the Act.
Dated: August 31, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-17747 Filed 9-7-07; 8:45 am]
BILLING CODE 3510-DS-S
