Dynamic Random Access Memory Semiconductors From the Republic of Korea: Extension of Time Limit for Final Results of Countervailing Duty Administrative Review, 56052-56053 [E7-19433]

Download as PDF 56052 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices section of this notice. In accordance with section 773(e)(2)(A) of the Act, we based SG&A expenses and profit on the amounts incurred and realized by the respondent in connection with the production and sale of the foreign like product in the ordinary course of trade, for consumption in the foreign country. D. Price–to-Price Comparisons We calculated NV based on prices to unaffiliated customers in Korea. We used Kolon’s adjustments and deductions as reported. We made deductions, where appropriate, for foreign inland freight pursuant to section 773(a)(6)(B) of the Act. In addition, for comparisons involving similar merchandise, we made adjustments for differences in cost attributable to differences in physical characteristics of the merchandise compared pursuant to section 773(a)(6)(C)(ii) of the Act and 19 CFR 351.411. We also made adjustments for differences in circumstances of sale (COS) in accordance with section 773(a)(6)(C)(iii) of the Act and 19 CFR 351.410. We made COS adjustments for imputed credit expenses. As noted above in the ‘‘Level of Trade’’ section of this notice, we also made an adjustment for the CEP offset in accordance with section 773(a)(7)(B) of the Act. Finally, we deducted home market packing costs and added U.S. packing costs in accordance with sections 773(a)(6)(A) and (B) of the Act. E. Price–to-CV Comparisons If we were unable to find a home market match of such or similar merchandise, in accordance with section 773(a)(4) of the Act, we based NV on CV. Where appropriate, we made adjustments to CV in accordance with section 773(a)(8) of the Act. Currency Conversion We made currency conversions into U.S. dollars based on the exchange rates in effect on the dates of the U.S. sales, as certified by the Federal Reserve Bank, in accordance with section 773A(a) of the Act. Preliminary Results of Review rmajette on PROD1PC64 with NOTICES As a result of our review we preliminarily determine the following weighted–average dumping margin exists for the period July 1, 2005 through June 30, 2006: Manufacturer / Exporter Weighted Average Margin (percentage) Kolon ............................. 6.00% The Department will disclose to parties the calculations performed in connection with these preliminary results within ten days of the date of publication of this notice. Interested parties may request a hearing within 30 days of the publication. Any hearing, if requested, will be held 39 days after the publication of this notice or the first workday thereafter. Interested parties may submit case briefs not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than 37 days after the date of publication of this notice. Reinstatement and Suspension of Liquidation Since we have preliminarily established that PET film from Korea manufactured and exported by Kolon is being sold at less than NV, Kolon is hereby preliminarily reinstated in the antidumping duty order. We will instruct CBP to suspend liquidation of all entries of subject merchandise manufactured and exported by Kolon entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Furthermore, a cash–deposit requirement of 6.00 percent will be in effect for all shipments of the subject merchandise manufactured and produced by Kolon entered, or withdrawn from warehouse, for consumption on or after the publication date of this notice. This requirement shall remain in effect until publication of the final results of the next administrative review unless the Department finds that Kolon has not resumed dumping in the final results of this changed circumstance review. The Department intends to complete this review within 120 days of the date on which it publishes the preliminary results of this changed circumstances review. In accordance with 19 CFR 351.221(c)(3)(i), the final results of the changed circumstance review will set forth the factual and legal conclusions upon which our results are based, a description of any action proposed based on those results, and our analysis of any comments received. This notice is in accordance with section 751(b)(1) of the Act and 19 CFR 351.216 and 351.222. Dated: September 26, 2007. Joseph A. Spetrini, Deputy Assistant Secretary for Import Administration. [FR Doc. E7–19423 Filed 10–1–07; 8:45 am] BILLING CODE 3510–DS–S VerDate Aug<31>2005 16:48 Oct 01, 2007 Jkt 211001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [C–580–851] Dynamic Random Access Memory Semiconductors From the Republic of Korea: Extension of Time Limit for Final Results of Countervailing Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: October 2, 2007. FOR FURTHER INFORMATION CONTACT: Shane Subler at (202) 482–0189 or David Neubacher at (202) 482–5823; AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. AGENCY: Background On September 29, 2006, the Department of Commerce (the Department) published a notice of initiation of administrative review of the countervailing duty order on dynamic random access memory semiconductors (DRAMS) from the Republic of Korea, covering the period January 1, 2005, through December 31, 2005. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 71 FR 57465 (September 29, 2006). On December 11, 2006, the petitioner, Micron Technology, Inc., alleged that the respondent, Hynix Semiconductor, Inc. (Hynix), received new subsidies. The Department published the preliminary results of this administrative review on September 10, 2007. See Dynamic Random Access Memory Semiconductors from the Republic of Korea: Preliminary Results of Countervailing Duty Administrative Review, 72 FR 51609 (September 10, 2007). Statutory Time Limits Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), requires the Department to issue the preliminary results of an administrative review within 245 days after the last day of the anniversary month of an order for which a review is requested and the final results of review within 120 days after the date on which the preliminary results are published. If it is not practicable to complete the review within the time period, section 751(a)(3)(A) of the Act allows the Department to extend these deadlines to a maximum of 365 days and 180 days, respectively. E:\FR\FM\02OCN1.SGM 02OCN1 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices Extension of Time Limit for Final Results We find that it is not practicable to complete the final results of this review within the original time limits. First, the Department intends to verify the responses of Hynix and the Government of Korea (GOK) in November 2007. Second, the petitioner has raised several complex issues during this administrative review. For example, based on new factual information, the petitioner asked the Department to reconsider the timing of the benefit of a previously countervailed debt–to-equity swap. The petitioner also alleged in this review that Hynix received countervailable benefits from a duty reduction program on imports of equipment for factory automation. Because of the verification and the complexity of these issues, it is not practicable to complete this review by the original deadline of January 8, 2008. Therefore, the Department is extending the time limit for completion of the final results to not later than March 10, 2008, in accordance with section 751(a)(3)(A) of the Act. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act.1 Dated: September 25, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7–19433 Filed 10–1–07; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XB73 Taking of Marine Mammals Incidental to Specified Activities; Open Water Seismic Operations in Cook Inlet, Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of issuance of two incidental harassment authorizations. AGENCY: rmajette on PROD1PC64 with NOTICES SUMMARY: In accordance with provisions of the Marine Mammal Protection Act 1 We note that Saturday, March 8, 2008, is 180 days after September 10, 2007, the publication date for the preliminary results. When a deadline falls on a weekend, the Department’s practice is to use the next business day as the appropriate deadline. See Notice of Clarification: Application of ≥Next Business Day≥ Rule for Administrative Determination Deadlines Pursuant to the Act, 70 FR 24533 (May 10, 2005). VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 (MMPA) as amended, notification is hereby given that Incidental Harassment Authorizations (IHAs) to take marine mammals, by harassment, incidental to conducting seismic operations in the northwest portion of Cook Inlet, Alaska, have been issued to Union Oil Company of California (UOCC) and Marathon Oil Company (MOC) for a period between September and November, 2007. DATES: The authorization for UOCC is effective from September 26 until November 15, 2007; and the authorization for MOC is effective from October 1 until November 30, 2007. ADDRESSES: A copy of the application, IHA, Environmental Assessment (EA), supplemental Environmental Assessment (SEA), and a list of references used in this document may be obtained by writing to P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East–West Highway, Silver Spring, MD 20910–3225, or by telephoning one of the contacts listed here (see FOR FURTHER INFORMATION CONTACT). FOR FURTHER INFORMATION CONTACT: Shane Guan, Office of Protected Resources, NMFS, (301) 713–2289, ext 137, or Brad Smith, Alaska Region, NMFS, (907) 271–3023. SUPPLEMENTARY INFORMATION: Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, notice of a proposed authorization is provided to the public for review. An authorization shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s) and will not have an unmitigable adverse impact on the availability of the species or stock(s) for certain subsistence uses and that the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such taking are set forth. NMFS has defined ‘‘negligible impact’’ in 50 CFR 216.103 as ’’...an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 56053 species or stock through effects on annual rates of recruitment or survival.’’ Section 101(a)(5)(D) of the MMPA established an expedited process by which citizens of the United States can apply for an authorization to incidentally take small numbers of marine mammals by harassment. Except with respect to certain activities not pertinent here, the MMPA defines ‘‘harassment’’ as: any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild [Level A harassment]; or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering [Level B harassment]. Section 101(a)(5)(D) establishes a 45day time limit for NMFS review of an application followed by a 30-day public notice and comment period on any proposed authorizations for the incidental harassment of small numbers of marine mammals. Within 45 days of the close of the comment period, NMFS must either issue or deny issuance of the authorization. Summary of Requests On March 30, 2007, NMFS issued an IHA to UOCC under the authority of Section 101(a)(5)(D) of the MMPA, to take by harassment small numbers of Cook Inlet beluga whales (Delphinapterus leucas), Steller sea lions (Eumetopias jubatus), Pacific harbor seals (Phoca vitulina richardsi), harbor porpoises (Phocoena phocoena), and killer whales (Orcinus orca) incidental to conducting open water seismic operations in northwestern Cook Inlet, Alaska, between May 1 and June 15, 2007 (72 FR 17118, April 6, 2007). However, as a result of ice conditions in Cook Inlet during spring 2007, UOCC was unable to begin seismic operations planned for May. As a result, on May 17, 2007, UOCC requested that NMFS change the effective date of its IHA to the time period September 4 through November 15, 2007. On May 15, 2007, MMFS received an application from MOC requesting an IHA for the harassment of small numbers of Cook Inlet beluga whales, Steller sea lions, Pacific harbor seals, harbor porpoises, and killer whales incidental to conducting open water seismic operations in portions of Cook Inlet, Alaska for the period from October 1 to November 30, 2007. Both proposed operations use an ocean–bottom cable (OBC) system to conduct seismic surveys. OBC seismic surveys are used in waters that are too E:\FR\FM\02OCN1.SGM 02OCN1

Agencies

[Federal Register Volume 72, Number 190 (Tuesday, October 2, 2007)]
[Notices]
[Pages 56052-56053]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19433]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-851]


Dynamic Random Access Memory Semiconductors From the Republic of 
Korea: Extension of Time Limit for Final Results of Countervailing Duty 
Administrative Review

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

EFFECTIVE DATE: October 2, 2007.

FOR FURTHER INFORMATION CONTACT: Shane Subler at (202) 482-0189 or 
David Neubacher at (202) 482-5823; AD/CVD Operations, Office 1, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230.

Background

    On September 29, 2006, the Department of Commerce (the Department) 
published a notice of initiation of administrative review of the 
countervailing duty order on dynamic random access memory 
semiconductors (DRAMS) from the Republic of Korea, covering the period 
January 1, 2005, through December 31, 2005. See Initiation of 
Antidumping and Countervailing Duty Administrative Reviews, 71 FR 57465 
(September 29, 2006). On December 11, 2006, the petitioner, Micron 
Technology, Inc., alleged that the respondent, Hynix Semiconductor, 
Inc. (Hynix), received new subsidies. The Department published the 
preliminary results of this administrative review on September 10, 
2007. See Dynamic Random Access Memory Semiconductors from the Republic 
of Korea: Preliminary Results of Countervailing Duty Administrative 
Review, 72 FR 51609 (September 10, 2007).

Statutory Time Limits

    Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the 
Act), requires the Department to issue the preliminary results of an 
administrative review within 245 days after the last day of the 
anniversary month of an order for which a review is requested and the 
final results of review within 120 days after the date on which the 
preliminary results are published. If it is not practicable to complete 
the review within the time period, section 751(a)(3)(A) of the Act 
allows the Department to extend these deadlines to a maximum of 365 
days and 180 days, respectively.

[[Page 56053]]

Extension of Time Limit for Final Results

    We find that it is not practicable to complete the final results of 
this review within the original time limits. First, the Department 
intends to verify the responses of Hynix and the Government of Korea 
(GOK) in November 2007. Second, the petitioner has raised several 
complex issues during this administrative review. For example, based on 
new factual information, the petitioner asked the Department to 
reconsider the timing of the benefit of a previously countervailed 
debt-to-equity swap. The petitioner also alleged in this review that 
Hynix received countervailable benefits from a duty reduction program 
on imports of equipment for factory automation. Because of the 
verification and the complexity of these issues, it is not practicable 
to complete this review by the original deadline of January 8, 2008. 
Therefore, the Department is extending the time limit for completion of 
the final results to not later than March 10, 2008, in accordance with 
section 751(a)(3)(A) of the Act.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.\1\
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    \1\ We note that Saturday, March 8, 2008, is 180 days after 
September 10, 2007, the publication date for the preliminary 
results. When a deadline falls on a weekend, the Department's 
practice is to use the next business day as the appropriate 
deadline. See Notice of Clarification: Application of 
Next Business Day Rule for Administrative 
Determination Deadlines Pursuant to the Act, 70 FR 24533 (May 10, 
2005).

    Dated: September 25, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-19433 Filed 10-1-07; 8:45 am]
BILLING CODE 3510-DS-S