Certain Individually Quick Frozen Red Raspberries from Chile: Notice of Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review, 15134-15135 [E8-5781]
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15134
Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Notices
total entered value of those reviewed
sales for the importer. We will instruct
CBP to assess the importer-specific rate
uniformly, as appropriate, on all entries
of subject merchandise made by the
relevant importer during the POR. See
19 CFR 351.212(b).
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment of
Antidumping Duties). This clarification
will apply to entries of subject
merchandise during the POR produced
by DSM for which DSM did not know
its merchandise was destined for the
United States. In such instances, we will
instruct CBP to liquidate unreviewed
entries of DSM-produced merchandise
at the all-others rate if there is no rate
for the intermediate company(ies)
involved in the transaction. For a full
discussion of this clarification, see
Assessment of Antidumping Duties.
Because we are relying on total
adverse facts available to establish TC
Steel’s dumping margin, we will
instruct CBP to apply a dumping margin
of 32.70 percent to all entries of subject
merchandise during the POR that were
produced and/or exported by TC Steel.
The Department will issue liquidation
instructions to CBP 15 days after the
publication of these final results of
review.
mstockstill on PROD1PC66 with NOTICES
Cash-Deposit Requirements
The following deposit requirements
will be effective upon publication of
this notice of final results of
administrative review for all shipments
of steel plate from Korea entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication, as provided by section
751(a)(2)(C) of the Act: (1) the cashdeposit rates for the reviewed
companies will be the rates established
in the final results of this review; (2) for
previously reviewed or investigated
companies not listed above, the cashdeposit rate will continue to be the
company-specific rate published for the
most recent period; (3) if the exporter is
not a firm covered in this review, a prior
review, or the less-than-fair-value
investigation but the manufacturer is,
the cash-deposit rate will be the rate
established for the most recent period
for the manufacturer of the
merchandise; (4) if neither the exporter
nor the manufacturer has its own rate,
the cash-deposit rate will be 0.98
percent, the all-others rate established
VerDate Aug<31>2005
18:33 Mar 20, 2008
Jkt 214001
in the LTFV investigation,1 adjusted for
the export-subsidy rate in the
companion countervailing duty
investigation.2 These deposit
requirements shall remain in effect until
further notice.
Notification
This notice serves as a 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
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled 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(a)(3). Timely
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation.
These final results of administrative
review are issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Dated: March 14, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix
List of Issues Addressed in the Issues
and Decision Memorandum
Comment 1 Product Matching
Comment 2 Offsetting Positive Margins
With Negative Margins
[FR Doc. E8–5780 Filed 3–20–08; 8:45 am]
BILLING CODE 3510–DS–S
1 See Notice of Final Determination of Sales at
Less Than Fair Value: Certain Cut-To-Length
Carbon-Quality Steel Plate Products from Korea, 64
FR 73196, 73214 (December 29, 1999).
2 See Final Affirmative Countervailing Duty
Determination: Certain Cut-to-Length CarbonQuality Steel Plate From the Republic of Korea, 64
FR 73176, 731818—86 (December 29, 1999), as
amended in Notice of Amended Final
Determinations: Certain Cut-to-Length CarbonQuality Steel Plate From India and the Republic of
Korea, 65 FR 6587, 6588 (February 10, 2000).
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–337–806]
Certain Individually Quick Frozen Red
Raspberries from Chile: Notice of
Extension of Time Limit for Preliminary
Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: March 21, 2008.
FOR FURTHER INFORMATION CONTACT:
David Neubacher or Nancy Decker, 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) 482–5823 or (202) 482–
0196, respectively.
AGENCY:
Statutory Time Limits
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (‘‘the Act’’),
requires the Department of Commerce
(‘‘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 a final
determination 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.
Background
On August 24, 2007, the Department
published in the Federal Register a
notice of initiation of administrative
review of the antidumping duty order
on individually quick frozen red
raspberries from Chile, covering the
period July 1, 2006, through June 30,
2007. See Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 72 FR 48613 (August 24, 2007).
The preliminary results for this
administrative review are currently due
no later than April 1, 2008.
Extension of Time Limits for
Preliminary Results
The Department requires additional
time to review and analyze the sales and
cost information submitted by the
respondent in this administrative
review because this review involves
complex cost accounting issues. Thus, it
is not practicable to complete this
review within the original time limit
E:\FR\FM\21MRN1.SGM
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Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Notices
(i.e., April 1, 2008). Therefore, the
Department is extending the time limit
for completion of the preliminary
results to not later than July 30, 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.
Dated: March 17, 2008.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. E8–5781 Filed 3–20–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
Amended Final Results of
Countervailing Duty Administrative
Review: Polyethylene Terephthalate
(PET) Film, Sheet, and Strip from India
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On February 11, 2008, the
Department of Commerce (the
Department) published the final results
of the administrative review of the
countervailing duty order on
polyethylene terephthalate (PET) film
from India for the period January 1,
2005 through December 31, 2005. See
Polyethylene Terephthalate (PET) Film,
Sheet, and Strip from India: Final
Results of Countervailing Duty
Administrative Review, 73 FR 7708
(February 11, 2008). On February 12,
2008, in accordance with 19 CFR
351.224(c)(2), we received timely filed
ministerial error allegations from
respondent MTZ Polyfilms, Ltd. (MTZ).
No other party to the proceeding filed a
ministerial error allegation or rebuttal
comments. Based on our analysis of the
comments, the Department has revised
the countervailing duty rate for MTZ.
Accordingly, we are amending our final
results.
AGENCY:
March 21, 2008.
mstockstill on PROD1PC66 with NOTICES
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
18:33 Mar 20, 2008
The statute governing the correction
of ministerial errors directs the
Department to establish a procedure for
the correction of ministerial errors in
determinations within a reasonable
period of time. See Section 751(h) of the
Tariff Act of 1930 (the Act). The
regulations promulgated pursuant to the
statute provide procedures for the
correction of ministerial errors, which
allow parties to submit comments and
the Department to analyze the
comments and correct any ministerial
errors by amendment of the
determination. See 19 CFR 351.224(e).
The definition of a ministerial error in
a countervailing duty determination is
contained in section 751(h) of the Act.
Specifically, the Act states that a
ministerial error includes ‘‘errors in
addition, subtraction, or other
arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any other
type of unintentional error which the
{Secretary} considers ministerial.’’
Thus, any issue raised by interested
parties as a ministerial error which is,
in fact, the result of a methodological
decision by the Department will not be
considered a ministerial error as it
would not meet the statutory definition
of the term. See, e.g., Tianjin Mach. Imp.
& Exp. Corp. v. United States, 353 F.
Supp. 2d 1294, 1304 (CIT 2004).
Allegations of Ministerial Errors
Elfi
Blum or Sean Carey, 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) 482–0197, or (202)
482–3964, respectively.
VerDate Aug<31>2005
For purposes of the order, the
products covered are all gauges of raw,
pretreated, or primed Polyethylene
Terephthalate Film, Sheet and Strip,
whether extruded or coextruded.
Excluded are metallized films and other
finished films that have had at least one
of their surfaces modified by the
application of a performance-enhancing
resinous or inorganic layer of more than
0.00001 inches thick. Imports of PET
film are classifiable in the Harmonized
Tariff Schedule of the United States
(HTSUS) under item number
3920.62.00. HTSUS subheadings are
provided for convenience and customs
purposes. The written description of the
scope of the order is dispositive.
Legal Authority
[C–533–825]
EFFECTIVE DATE:
Scope of the Order
Jkt 214001
On February 12, 2008, MTZ timely
filed, pursuant to 19 CFR 351.224(c)(2),
an allegation that the Department made
two ministerial errors in its final results
of review for MTZ. First, with respect to
the Union Territories Central Sales Tax
(CST) program, MTZ alleges that the
Department miscalculated the benefit by
using the excise tax and the Education
CESS, which is an excise duty, on the
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15135
excise tax paid, instead of the four
percent CST not paid. We determine
that this is a ministerial error that
should be corrected in accordance with
19 CFR 3 5l.224( e) of the Department’s
regulations. In the benefit calculations
for Union Territories CST program, the
Department erroneously based the
benefit on the excise tax and the
Education CESS on the excise tax paid
on MTZ’s purchases of the input,
instead of the four percent CST not paid
on the purchases of the input. We have
now revised our calculations and
calculated the benefit from the Union
Territories CST program by calculating
four percent of the basic value, as
reported to the Department. See
Memorandum to Barbara E. Tillman
Through Dana Mermelstein From Elfi
Blum: Analysis of Ministerial Error
Allegations in Final Results of
Countervailing Duty Review on
Polyethylene Terephthalate Film, Sheet,
and Strip from India (March 12, 2008)
(Ministerial Error Memo).
Second, MTZ states that, for the Duty
Entitlement Passbook Scheme (DEPS/
DEPB), the Department’s calculation
memorandum states that the benefits are
conferred as of the date of exportation
of the shipments for which the DEPS/
DEPB credits are earned. MTZ alleges
that the Department erred in calculating
the benefits by including the value of
credits earned on shipments made in
2004 for which the license was issued
in 2005. Thus, according to MTZ, the
calculation of the rate for this program
does not reflect the method stated in the
analysis memorandum, and therefore,
constitutes a ministerial error. See
Memorandum to The File Through Dana
Mermelstein From Elfi Blum:
Administrative Review of the
Countervailing Duty Order on
Polyethylene Terephthalate Film from
India: Revisions to the Rate Calculations
for MTZ Polyfilms Ltd. (MTZ) (February
4, 2008) (Calculation Memo).
MTZ correctly notes the Department’s
practice to treat benefits received under
DEPSIDEPB as conferred as of the date
of exportation of the shipment for which
the relevant DEPS/DEPB credits are
earned because it is at this point where
the amount of the benefit in the form of
an exemption is known. See, e.g., Final
Results of Countervailing Duty
Administrative Review: Certain HotRolled Carbon Steel Flat Products from
India, 69 FR 26549 (May 13, 2004), and
accompanying Issues and Decision
Memorandum at Comment 2; and Final
Affirmative Countervailing Duty
Determination: Certain Cut-to-Length
Carbon-Quality Steel Plate from India,
64 FR 73131, 73140 (December 29,
1999).
E:\FR\FM\21MRN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 56 (Friday, March 21, 2008)]
[Notices]
[Pages 15134-15135]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-5781]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-337-806]
Certain Individually Quick Frozen Red Raspberries from Chile:
Notice of Extension of Time Limit for Preliminary Results of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: March 21, 2008.
FOR FURTHER INFORMATION CONTACT: David Neubacher or Nancy Decker, 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) 482-5823
or (202) 482-0196, respectively.
Statutory Time Limits
Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (``the
Act''), requires the Department of Commerce (``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 a final determination 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.
Background
On August 24, 2007, the Department published in the Federal
Register a notice of initiation of administrative review of the
antidumping duty order on individually quick frozen red raspberries
from Chile, covering the period July 1, 2006, through June 30, 2007.
See Initiation of Antidumping and Countervailing Duty Administrative
Reviews and Request for Revocation in Part, 72 FR 48613 (August 24,
2007). The preliminary results for this administrative review are
currently due no later than April 1, 2008.
Extension of Time Limits for Preliminary Results
The Department requires additional time to review and analyze the
sales and cost information submitted by the respondent in this
administrative review because this review involves complex cost
accounting issues. Thus, it is not practicable to complete this review
within the original time limit
[[Page 15135]]
(i.e., April 1, 2008). Therefore, the Department is extending the time
limit for completion of the preliminary results to not later than July
30, 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.
Dated: March 17, 2008.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-5781 Filed 3-20-08; 8:45 am]
BILLING CODE 3510-DS-S
