Chlorinated Isocyanurates from Spain: Initiation of Antidumping Duty New Shipper Review, 8290-8291 [E8-2645]

Download as PDF 8290 Federal Register / Vol. 73, No. 30 / Wednesday, February 13, 2008 / Notices of publication of this Federal Register notice. 119.09 percent to 159.34 percent. See Enclosure 4 of the January 30, 2008, supplement to the Petition. Initiation of Antidumping Investigation Based upon the examination of the Petition on SDGE from the PRC, the Department finds that the Petition meets the requirements of section 732 of the Act. Therefore, we are initiating an antidumping duty investigation to determine whether imports of SDGE from the PRC are being, or are likely to be, sold in the United States at less than fair value. In accordance with section 733(b)(1)(A) of the Act, unless postponed, we will make our preliminary determination no later than 140 days after the date of this initiation. rwilkins on PROD1PC63 with NOTICES Separate Rates In order to obtain separate–rate status in NME investigations, exporters and producers must submit a separate–rate status application. See Policy Bulletin 05.1: Separate–Rates Practice and Application of Combination Rates in Antidumping Investigations Involving Non–Market Economy Countries (April 5, 2005) (Separate Rates and Combination Rates Bulletin), available on the Department’s website at https:// ia.ita.doc.gov/policy/bull05–1.pdf. Based on our experience in processing the separate–rate applications in previous antidumping duty investigations, we have modified the application for this investigation to make it more administrable and easier for applicants to complete. See, e.g., Initiation of Antidumping Duty Investigation: Certain New Pneumatic Off–the-Road Tires From the People’s Republic of China, 72 FR 43591, 43594– 95 (August 6, 2007). The specific requirements for submitting the separate–rate application in this investigation are outlined in detail in the application itself, which will be available on the Department’s website at https://ia.ita.doc.gov/ia–highlights-and– news.html on the date of publication of this initiation notice in the Federal Register. The separate–rate application will be due 60 days after publication of this initiation notice. Respondent Selection For this investigation, the Department intends to select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports under HTSUS number 8545.11.0000 during the POI. We intend to make our decision regarding respondent selection within 20 days of publication of this Federal Register notice. The Department invites comments regarding the CBP data and respondent selection within seven days VerDate Aug<31>2005 17:45 Feb 12, 2008 Jkt 214001 Use of Combination Rates in an NME Investigation The Department will calculate combination rates for certain respondents that are eligible for a separate rate in this investigation. The Separate Rates and Combination Rates Bulletin, states: {w}hile continuing the practice of assigning separate rates only to exporters, all separate rates that the Department will now assign in its NME investigations will be specific to those producers that supplied the exporter during the period of investigation. Note, however, that one rate is calculated for the exporter and all of the producers which supplied subject merchandise to it during the period of investigation. This practice applies both to mandatory respondents receiving an individually calculated separate rate as well as the pool of non– investigated firms receiving the weighted–average of the individually calculated rates. This practice is referred to as the application of ‘‘combination rates’’ because such rates apply to specific combinations of exporters and one or more producers. The cash– deposit rate assigned to an exporter will apply only to merchandise both exported by the firm in question and produced by a firm that supplied the exporter during the period of investigation. (Emphasis in original.) See Separate Rates and Combination Rates Bulletin at 6. Distribution of Copies of the Petition In accordance with section 732(b)(3)(A) of the Act and 19 CFR 351.202(f), copies of the public version of the Petition have been provided to the representatives of the Government of the PRC. We will attempt to provide a copy of the public version of the Petition to the foreign producers/ exporters, consistent with 19 CFR 351.203(c)(2). International Trade Commission Notification We have notified the ITC of our initiation, as required by section 732(d) of the Act. Preliminary Determination by the International Trade Commission The ITC will preliminarily determine, no later than March 3, 2008, whether there is a reasonable indication that PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 imports of SDGE from the PRC are materially injuring, or threatening material injury to, a U.S. industry. A negative ITC determination will result in the investigation being terminated; otherwise, this investigation will proceed according to statutory and regulatory time limits. This notice is issued and published pursuant to section 777(i) of the Act. Dated: February 6, 2008. Ronald K. Lorentzen, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E8–2646 Filed 2–12–08; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–469–814] Chlorinated Isocyanurates from Spain: Initiation of Antidumping Duty New Shipper Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) has received a request for a new shipper review under the antidumping duty order on chlorinated isocyanurates from Spain issued on June 24, 2005. See Chlorinated Isocyanurates from Spain: Notice of Antidumping Duty Order, 70 FR 36562 (June 24, 2005). In accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(c), we are initiating an antidumping new shipper review of Inquide Flix, S.A., (Inquide). The period of review (POR) of this new shipper review is June 1, 2007 through November 30, 2007. EFFECTIVE DATE: February 13, 2008. FOR FURTHER INFORMATION CONTACT: Scott Lindsay, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, DC 20230; telephone: (202) 482–0780. SUPPLEMENTARY INFORMATION: AGENCY: Background In accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214(c), the Department received a timely request from Inquide, a producer and exporter of chlorinated isocyanurates, for a new shipper review of the antidumping duty order on chlorinated isocyanurates from Spain. See December 28, 2007, submission E:\FR\FM\13FEN1.SGM 13FEN1 Federal Register / Vol. 73, No. 30 / Wednesday, February 13, 2008 / Notices rwilkins on PROD1PC63 with NOTICES from Inquide requesting a new shipper review. Pursuant to section 751(a)(2)(B)(i) of the Act and 19 CFR 351.214(b), Inquide certified that it is both an exporter and producer of the subject merchandise, that it did not export subject merchandise to the United States during the period of the investigation (POI) (April 1, 2003 through March 31, 2004), and that since the investigation was initiated, it has not been affiliated with any producer or exporter who exported the subject merchandise to the United States during the POI. It also submitted documentation establishing the date on which it first shipped the subject merchandise to the United States, the volume of that shipment, and the date of its first sale to an unaffiliated customer in the United States. It also certified it had no shipments to the United States during the period subsequent to its first shipment. The Department conducted a Customs database query in an attempt to confirm that Inquide’s shipments of subject merchandise entered the United States for consumption and that liquidation of such entries had been suspended for antidumping duties. See January 31, 2008 New Shipper Review Initiation Checklist, question 18. The Department also examined whether U.S. Customs and Border Protection (CBP) confirmed that such entries were made during the new shipper review period. Initiation of Review In accordance with section 751(a)(2)(B) of the Act and section 351.214(d) of the Department’s regulations, we find that the request Inquide submitted meets the threshold requirements for initiation of a new shipper review. See Memorandum to the File from Scott Lindsay, Trade Analyst, through Thomas Gilgunn, Program Manager, New Shipper Initiation Checklist, dated, January 31, 2008. Accordingly, we are initiating a new shipper review of the antidumping duty order on chlorinated isocyanurates from Spain produced and exported by Inquide. Although Inquide’s request meets the threshold requirements for initiation, there are a few issues of concern that the Department has with Inquide’s new shipper review request. Therefore, immediately following the initiation of this review, the Department intends to issue a questionnaire to Inquide to clarify these issues. This review covers the period June 1, 2007 through November 30, 2007. We intend to issue the preliminary results of this review no later than 180 days after the date on which this review is initiated, and the final results within 90 days after VerDate Aug<31>2005 17:45 Feb 12, 2008 Jkt 214001 the date on which we issue the preliminary results. See section 751(a)(2)(B)(iv) of the Act. On August 17, 2006, the Pension Protection Act of 2006 (H.R. 4) was signed into law. Section 1632 of H.R. 4 temporarily suspends the authority of the Department to instruct U.S. Customs and Border Protection to collect a bond or other security in lieu of a cash deposit in new shipper reviews. Therefore, the posting of a bond under section 751(a)(2)(B)(iii) of the Act in lieu of a cash deposit is not available in this case. Importers of chlorinated isocyanurates produced and exported by Inquide must continue to post cash deposits of estimated antidumping duties on each entry of subject merchandise (i.e., chlorinated isocyanurates) at the current all–others rate of 24.83 percent. Interested parties may submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 351.306. This initiation and this notice are issued and published in accordance with section 751(a)(2)(B) of the Act and sections 351.214 and 351.221(c)(1)(i) of the Department’s regulations. Dated: January 31, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8–2645 Filed 2–12–08; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–570–922] Notice of Correction of Postponement of Preliminary Determination of Antidumping Duty Investigation: Raw Flexible Magnets from the People’s Republic of China Import Administration, International Trade Administration, Department of Commerce AGENCY: EFFECTIVE DATE: February 13, 2008. FOR FURTHER INFORMATION CONTACT: Melissa Blackledge or Shawn Higgins, AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC, 20230; telephone: (202) 482–3518 or (202) 482– 0679, respectively. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 8291 CORRECTION: On January 31, 2008, the Department of Commerce (the ‘‘Department’’) published the notice of postponement of the preliminary determination of the antidumping duty investigation of raw flexible magnets from the People’s Republic of China. See Notice of Postponement of Preliminary Determination of Antidumping Duty Investigation: Raw Flexible Magnets from the People’s Republic of China, 73 FR 5794 (January 31, 2008) (‘‘Postponement Notice’’). Subsequent to the signature of the Postponement Notice, we identified two inadvertent errors in the above–referenced notice. In the Postponement Notice, under the ‘‘Postponement of Preliminary Determination’’ section, the Department mistakenly identified October 18, 2007, rather than October 11, 2007, as the date the Department initiated this investigation. The Postponement Notice should have stated, ‘‘On October 11, 2007, the Department of Commerce (the ‘‘Department’’) initiated the antidumping duty investigation of raw flexible magnets from the People’s Republic of China. See Notice of Initiation of Antidumping Duty Investigations: Raw Flexible Magnets from the People’s Republic of China and Taiwan, 72 FR 59071 (October 18, 2007) (‘‘Initiation Notice’’).’’ Second, in the same section of the Postponement Notice, the Department incorrectly identified April 19, 2008, rather than April 18, 2008, as the extended due date of the preliminary determination. The Postponement Notice should have stated, ‘‘For the reasons identified by the Petitioner, and because there are no compelling reasons to deny the request, the Department is postponing the preliminary determination under section 733(c)(1)(A) of the Tariff Act of 1930, as amended (the ‘‘Act’’), by fifty days from February 28, 2008 to April 18, 2008.’’ Conclusion This notice serves to correct both the date of initiation of this investigation and the extended due date of the preliminary determination as listed in the Postponement Notice. This notice is issued and published in accordance with section 777(i) of the Tariff Act of 1930, as amended. Dated: February 7, 2008. Gary Taverman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E8–2647 Filed 2–12–08; 8:45 am] BILLING CODE 3510–DS–S E:\FR\FM\13FEN1.SGM 13FEN1

Agencies

[Federal Register Volume 73, Number 30 (Wednesday, February 13, 2008)]
[Notices]
[Pages 8290-8291]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-2645]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-814]


Chlorinated Isocyanurates from Spain: Initiation of Antidumping 
Duty New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has received a 
request for a new shipper review under the antidumping duty order on 
chlorinated isocyanurates from Spain issued on June 24, 2005. See 
Chlorinated Isocyanurates from Spain: Notice of Antidumping Duty Order, 
70 FR 36562 (June 24, 2005). In accordance with section 751(a)(2)(B) of 
the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(c), we 
are initiating an antidumping new shipper review of Inquide Flix, S.A., 
(Inquide). The period of review (POR) of this new shipper review is 
June 1, 2007 through November 30, 2007.

EFFECTIVE DATE: February 13, 2008.

FOR FURTHER INFORMATION CONTACT: Scott Lindsay, AD/CVD Operations, 
Office 6, Import Administration, International Trade Administration, 
Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington, DC 20230; telephone: (202) 482-0780.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with section 751(a)(2)(B) of the Act and 19 CFR 
351.214(c), the Department received a timely request from Inquide, a 
producer and exporter of chlorinated isocyanurates, for a new shipper 
review of the antidumping duty order on chlorinated isocyanurates from 
Spain. See December 28, 2007, submission

[[Page 8291]]

from Inquide requesting a new shipper review.
    Pursuant to section 751(a)(2)(B)(i) of the Act and 19 CFR 
351.214(b), Inquide certified that it is both an exporter and producer 
of the subject merchandise, that it did not export subject merchandise 
to the United States during the period of the investigation (POI) 
(April 1, 2003 through March 31, 2004), and that since the 
investigation was initiated, it has not been affiliated with any 
producer or exporter who exported the subject merchandise to the United 
States during the POI. It also submitted documentation establishing the 
date on which it first shipped the subject merchandise to the United 
States, the volume of that shipment, and the date of its first sale to 
an unaffiliated customer in the United States. It also certified it had 
no shipments to the United States during the period subsequent to its 
first shipment.
    The Department conducted a Customs database query in an attempt to 
confirm that Inquide's shipments of subject merchandise entered the 
United States for consumption and that liquidation of such entries had 
been suspended for antidumping duties. See January 31, 2008 New Shipper 
Review Initiation Checklist, question 18. The Department also examined 
whether U.S. Customs and Border Protection (CBP) confirmed that such 
entries were made during the new shipper review period.

Initiation of Review

    In accordance with section 751(a)(2)(B) of the Act and section 
351.214(d) of the Department's regulations, we find that the request 
Inquide submitted meets the threshold requirements for initiation of a 
new shipper review. See Memorandum to the File from Scott Lindsay, 
Trade Analyst, through Thomas Gilgunn, Program Manager, New Shipper 
Initiation Checklist, dated, January 31, 2008. Accordingly, we are 
initiating a new shipper review of the antidumping duty order on 
chlorinated isocyanurates from Spain produced and exported by Inquide. 
Although Inquide's request meets the threshold requirements for 
initiation, there are a few issues of concern that the Department has 
with Inquide's new shipper review request. Therefore, immediately 
following the initiation of this review, the Department intends to 
issue a questionnaire to Inquide to clarify these issues. This review 
covers the period June 1, 2007 through November 30, 2007. We intend to 
issue the preliminary results of this review no later than 180 days 
after the date on which this review is initiated, and the final results 
within 90 days after the date on which we issue the preliminary 
results. See section 751(a)(2)(B)(iv) of the Act.
    On August 17, 2006, the Pension Protection Act of 2006 (H.R. 4) was 
signed into law. Section 1632 of H.R. 4 temporarily suspends the 
authority of the Department to instruct U.S. Customs and Border 
Protection to collect a bond or other security in lieu of a cash 
deposit in new shipper reviews. Therefore, the posting of a bond under 
section 751(a)(2)(B)(iii) of the Act in lieu of a cash deposit is not 
available in this case. Importers of chlorinated isocyanurates produced 
and exported by Inquide must continue to post cash deposits of 
estimated antidumping duties on each entry of subject merchandise 
(i.e., chlorinated isocyanurates) at the current all-others rate of 
24.83 percent.
    Interested parties may submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305 and 
351.306.
    This initiation and this notice are issued and published in 
accordance with section 751(a)(2)(B) of the Act and sections 351.214 
and 351.221(c)(1)(i) of the Department's regulations.

    Dated: January 31, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-2645 Filed 2-12-08; 8:45 am]
BILLING CODE 3510-DS-S
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