Refined Brown Aluminum Oxide from the People's Republic of China: Notice of Partial Rescission of Antidumping Duty Administrative Review and Extension of Time Limit for Preliminary Results, 38173-38174 [E8-15262]
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Federal Register / Vol. 73, No. 129 / Thursday, July 3, 2008 / Notices
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FOR FURTHER INFORMATION CONTACT:
Lenore Ostrowsky, Acting Chief, Public
Affairs Unit (202) 376–8582.
Dated: July 1, 2008.
Emma Monroig,
Solicitor.
[FR Doc. 08–1410 Filed 7–1–08; 1:29 pm]
BILLING CODE 6335–01–P
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–882
Refined Brown Aluminum Oxide from
the People’s Republic of China: Notice
of Partial Rescission of Antidumping
Duty Administrative Review and
Extension of Time Limit for Preliminary
Results
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is rescinding in part
the administrative review of the
antidumping duty order on refined
brown aluminum oxide (RBAO) from
the People’s Republic of China (PRC) for
the period November 1, 2006, to October
31, 2007, with respect to Henan Yilong
High and New Materials Co. Ltd. (Henan
Yilong). This partial rescission is based
on the withdrawal of the request for
review by the interested party that
requested the review. Additionally, the
Department is extending the
preliminary results of this
administrative review to no later than
December 1, 2008.
EFFECTIVE DATE: July 3, 2008.
FOR FURTHER INFORMATION CONTACT:
David Goldberger or Kate Johnson, AD/
CVD Operations, Office 2, Import
Administration, International Trade
mstockstill on PROD1PC66 with NOTICES
AGENCY:
VerDate Aug<31>2005
16:46 Jul 02, 2008
Jkt 214001
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, N.W., Washington, D.C. 20230;
telephone (202) 482–4136 or (202) 482–
4929, respectively.
SUPPLEMENTARY INFORMATION:
Background:
On November 1, 2007, the Department
published a notice of opportunity to
request an administrative review of the
antidumping duty order on, inter alia,
RBAO from the PRC. See Antidumping
or Countervailing Duty Order, Finding,
or Suspended Investigation;
Opportunity to Request Administrative
Review, 72 FR 61859 (November 1,
2007). In response, Fujimi Corporation
(Fujimi), an importer of the subject
merchandise, timely requested an
administrative review of the
antidumping duty order on RBAO from
the PRC for entries of the subject
merchandise during the November 1,
2006, through October 31, 2007, period
of review (POR) from two PRC
producers/exporters: Henan Yilong and
Qingdao Shunxingli Abrasives Co. Ltd.
(Qingdao Shunxingli).
On December 27, 2007, the
Department initiated a review on Henan
Yilong and Qingdao Shunxingli. See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews, 72 FR 73315 (December 27,
2007). The preliminary results of this
review are currently due no later than
August 1, 2008.
In a letter dated May 23, 2008, Fujimi
withdrew its request for review of
Henan Yilong and requested that the
Department rescind the review with
respect to this company. On June 2,
2008, domestic producers Washington
Mills, C + E Minerals, and Treibacher
Scheifmittel Corp. (collectively,
‘‘domestic producers’’), submitted
comments opposing Fujimi’s request.
Fujimi responded to the domestic
producers’ opposition on June 11, 2008.
Rescission, in Part, of Administrative
Review
The applicable regulation, 19 CFR
351.213(d)(1), states that if a party that
requested an administrative review
withdraws the request within 90 days of
the publication of the notice of
initiation of the requested review, the
Secretary will rescind the review in
whole or in part. Furthermore, the
regulation states the Secretary may
extend this time limit if the Secretary
decides that it is reasonable to do so.
The domestic producers object to
Fujimi’s request, stating that it is
untimely, and that both the Department
and the domestic producers already
have devoted extensive time and
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
38173
resources to this review. Further, the
domestic producers contend that Fujimi
waited until surrogate value data was
placed on the record to determine
whether the review results would be
favorable before withdrawing its review
request for Henan Yilong.
Although Fujimi withdrew the
request for review of Henan Xilong after
the 90-day deadline, the Department
finds it reasonable to extend the
withdrawal deadline. Contrary to the
domestic producers’ assertions, the
Department has not yet devoted
significant time or resources to
analyzing Henan Yilong’s information
for this review, e.g., the Department has
not yet completed its analysis of Henan
Xilong’s questionnaire responses, nor
issued a supplemental questionnaire for
portions of the Henan Xilong
questionnaire response. See, e.g., Honey
from Argentina: Notice of Extension of
Time Limit for Preliminary Results and
Partial Rescission of Antidumping Duty
Administrative Review, 72 FR 50661
(September 4, 2007), remaining
unchanged in Honey from Argentina:
Final Results of Antidumping Duty
Administrative Review and
Determination Not to Revoke in Part, 73
FR 24220 (May 2, 2008) (where the
Department extended the deadline for
withdrawal of the review request
because it had not yet devoted
significant resources to the review).
Additionally, the Department has not
yet made any determinations on the
selection of surrogate values to apply in
this review. Thus, we find no basis to
support the domestic producers’
allegation concerning Fujimi’s timing of
the withdrawal request. Further, we
note that the domestic producers did
not request a review for this segment of
the proceeding. Therefore, for all these
reasons, the Department determines it is
reasonable to rescind the review with
respect to Henan Xilong. The
Department will issue appropriate
assessment instructions for Henan
Xilong directly to U.S. Customs and
Border Protection (CBP) 15 days after
the publication of this notice. The
Department will direct CBP to assess
antidumping duties for Henan Xilong at
the cash deposit rates in effect on the
date of entry for entries during the
period November 1, 2006, through
October 31, 2007.
Notification to Parties
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 period
of time. Failure to comply with this
E:\FR\FM\03JYN1.SGM
03JYN1
38174
Federal Register / Vol. 73, No. 129 / Thursday, July 3, 2008 / Notices
requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and subsequent assessment of
double 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 written
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 terms of an APO is a
sanctionable violation.
mstockstill on PROD1PC66 with NOTICES
Extension of Time Limit for Preliminary
Results
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (the Act), requires
the Department to complete 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. However,
if it is not practicable to complete the
review within this time period, section
751(a)(3)(A) of the Act allows the
Department to extend that time period
to a maximum of 365 days.
The Department has determined it is
not practicable to complete this review
for the remaining respondent, Qingdao
Shunxingli, within the statutory time
limit because we require additional time
to analyze complex issues, such as the
valuation of the principal raw material
and the financial ratios, and the
questionnaire responses submitted by
Qingdao Shunxingli. The time needed
to analyze this information and to
develop fully the record in this
administrative review makes it
impracticable to complete the
preliminary results within the originally
specified time limit. Accordingly, the
Department is extending the time limit
for completion of the preliminary
results of this administrative review
until no later than December 1, 2008
(i.e., the next business day following the
365th day after the last day of the
anniversary month of the order). We
intend to issue the final results no later
than 120 days after publication of the
preliminary results notice.
This notice is issued and published in
accordance with and sections 751(a)(1),
751(a)(3)(A), and 777(i)(1) of the Act,
and 19 CFR 351.213(d)(4).
VerDate Aug<31>2005
16:46 Jul 02, 2008
Jkt 214001
Dated: June 27, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E8–15262 Filed 7–2–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RI 0648–XI79
Caribbean Fishery Management
Council; Public Hearings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public hearings.
AGENCY:
SUMMARY: The Caribbean Fishery
Management Council will hold public
hearings to obtain input from fishers,
the general public, and the local
agencies representatives on the Draft
Environmental Impact Statement (DEIS)
amendment 4 to the Spiny Lobster
Fishery Management Plan of Puerto
Rico and the U.S. Virgin Islands.
DATES: The public hearings will be held
from July 17, 2008 through July 22,
2008. See SUPPLEMENTARY INFORMATION
for specific dates and times and
locations.
FOR FURTHER INFORMATION CONTACT:
Caribbean Fishery Management Council,
268 Munoz Rivera Avenue, Suite 1108,
San Juan, Puerto Rico 00918–2577,
telephone: (787) 766–5926.
SUPPLEMENTARY INFORMATION: The
public hearings will be held on the
following dates and locations:
• July 17, 2008, Mayaguez Resort and
Casino, Rd. 104, Km. 0.3, Mayaguez,
Puerto Rico
• July 18, 2008, Pierre Hotel at
Gallery Plaza, De Diego Avenue,
Santurce, Puerto Rico
• July 21, 2008, Frenchman’s Reef
and Morning Star Hotel, 5 Estate
Bakkeroe, St. Thomas, USVI
• July 22, 2008, Caravelle Hotel, 44A
Queen Cross St., Christiansted, St.
Croix, USVI.
All meetings will be held from 7 p.m.
to 10 p.m.
The Caribbean Fishery Management
Council will hold Public Hearings to
receive public input on a proposal Draft
Environmental Impact Statement (DEIS)
to establish a size limit for spiny lobster
imports into the United States. This
action would prohibit any person in the
United States from importing spiny
lobster:
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
-less than 5–ounces tail weight (5
ounces is defined as a tail that weighs
4.2–5.4 ounces) or compliance may be
demonstrated by meeting the greater
than 3–inch carapace length or 5.5–inch
tail length.
-or if imported into Puerto Rico or the
US Virgin Islands, less than 6.0–ounces
tail weight (6 ounces is defined as a tail
that weighs 5.9–6.4 ounces) or
compliance may be demonstrated by
meeting the 3.5–inch carapace length or
6.2–inch tail length.
-additionally, the importation of
lobster tail meat without the
exoskeleton (shell) attached, egg bearing
female lobsters, or tails stripped of eggs
would be prohibited.
Written comments must be received
no later than August 11, 2008, in order
to be considered by NOAA Fisheries.
You may submit comments by any of
the following methods:
-ELECTRONIC SUBMISSION E-MAIL:
0648–AV61.DEIS@noaa.gov
-FAX: (727) 824–5308
-MAIL: Jason Rueter, Sustainable
Fisheries Division, Southeast Regional
Office, NOAA Fisheries Service, 263,
13th Avenue South, St. Petersburg, FL
33701–5505.
When submitting fax or e-mail
comments, include the following
document identifier in the comment
subject line: 0648–AV61. Attachments
to electronic comments will be accepted
in Microsoft Word, Excel, WordPerfect,
or Adobe PDF file formats only.
Electronic copies of the DEIS may be
obtained from the NOAA Fisheries
Service Web site at https://
sero.nmfs.noaa.gov/sf/SpinyLobster
Amendment.htm, or for a hard (paper)
copy contact: Sustainable Fisheries
Division, Southeast Regional Office,
NOAA Fisheries Service 263, 13th
Avenue South, St. Petersburg, FL
33701–5505.
Special Accommodations
These hearings are physically
accessible to people with disabilities.
For more information or request for sign
language interpretation and other
auxiliary aids, please contact Mr.
Miguel A. Rolon, Executive Director,
Caribbean Fishery Management Council,
268 Munoz Rivera Avenue, Suite 1108,
San Juan, Puerto Rico 00918–2577,
telephone: (787) 766–5926, at least 5
days prior to the meeting date.
Dated: June 30, 2008.
Tracey L. Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E8–15115 Filed 7–2–08; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\03JYN1.SGM
03JYN1
]]>Agencies
[Federal Register Volume 73, Number 129 (Thursday, July 3, 2008)]
[Notices]
[Pages 38173-38174]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15262]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-570-882
Refined Brown Aluminum Oxide from the People's Republic of China:
Notice of Partial Rescission of Antidumping Duty Administrative Review
and Extension of Time Limit for Preliminary Results
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is rescinding in
part the administrative review of the antidumping duty order on refined
brown aluminum oxide (RBAO) from the People's Republic of China (PRC)
for the period November 1, 2006, to October 31, 2007, with respect to
Henan Yilong High and New Materials Co. Ltd. (Henan Yilong). This
partial rescission is based on the withdrawal of the request for review
by the interested party that requested the review. Additionally, the
Department is extending the preliminary results of this administrative
review to no later than December 1, 2008.
EFFECTIVE DATE: July 3, 2008.
FOR FURTHER INFORMATION CONTACT: David Goldberger or Kate Johnson, AD/
CVD Operations, Office 2, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington, D.C. 20230; telephone (202) 482-
4136 or (202) 482-4929, respectively.
SUPPLEMENTARY INFORMATION:
Background:
On November 1, 2007, the Department published a notice of
opportunity to request an administrative review of the antidumping duty
order on, inter alia, RBAO from the PRC. See Antidumping or
Countervailing Duty Order, Finding, or Suspended Investigation;
Opportunity to Request Administrative Review, 72 FR 61859 (November 1,
2007). In response, Fujimi Corporation (Fujimi), an importer of the
subject merchandise, timely requested an administrative review of the
antidumping duty order on RBAO from the PRC for entries of the subject
merchandise during the November 1, 2006, through October 31, 2007,
period of review (POR) from two PRC producers/exporters: Henan Yilong
and Qingdao Shunxingli Abrasives Co. Ltd. (Qingdao Shunxingli).
On December 27, 2007, the Department initiated a review on Henan
Yilong and Qingdao Shunxingli. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 72 FR 73315 (December 27,
2007). The preliminary results of this review are currently due no
later than August 1, 2008.
In a letter dated May 23, 2008, Fujimi withdrew its request for
review of Henan Yilong and requested that the Department rescind the
review with respect to this company. On June 2, 2008, domestic
producers Washington Mills, C + E Minerals, and Treibacher Scheifmittel
Corp. (collectively, ``domestic producers''), submitted comments
opposing Fujimi's request. Fujimi responded to the domestic producers'
opposition on June 11, 2008.
Rescission, in Part, of Administrative Review
The applicable regulation, 19 CFR 351.213(d)(1), states that if a
party that requested an administrative review withdraws the request
within 90 days of the publication of the notice of initiation of the
requested review, the Secretary will rescind the review in whole or in
part. Furthermore, the regulation states the Secretary may extend this
time limit if the Secretary decides that it is reasonable to do so.
The domestic producers object to Fujimi's request, stating that it
is untimely, and that both the Department and the domestic producers
already have devoted extensive time and resources to this review.
Further, the domestic producers contend that Fujimi waited until
surrogate value data was placed on the record to determine whether the
review results would be favorable before withdrawing its review request
for Henan Yilong.
Although Fujimi withdrew the request for review of Henan Xilong
after the 90-day deadline, the Department finds it reasonable to extend
the withdrawal deadline. Contrary to the domestic producers'
assertions, the Department has not yet devoted significant time or
resources to analyzing Henan Yilong's information for this review,
e.g., the Department has not yet completed its analysis of Henan
Xilong's questionnaire responses, nor issued a supplemental
questionnaire for portions of the Henan Xilong questionnaire response.
See, e.g., Honey from Argentina: Notice of Extension of Time Limit for
Preliminary Results and Partial Rescission of Antidumping Duty
Administrative Review, 72 FR 50661 (September 4, 2007), remaining
unchanged in Honey from Argentina: Final Results of Antidumping Duty
Administrative Review and Determination Not to Revoke in Part, 73 FR
24220 (May 2, 2008) (where the Department extended the deadline for
withdrawal of the review request because it had not yet devoted
significant resources to the review). Additionally, the Department has
not yet made any determinations on the selection of surrogate values to
apply in this review. Thus, we find no basis to support the domestic
producers' allegation concerning Fujimi's timing of the withdrawal
request. Further, we note that the domestic producers did not request a
review for this segment of the proceeding. Therefore, for all these
reasons, the Department determines it is reasonable to rescind the
review with respect to Henan Xilong. The Department will issue
appropriate assessment instructions for Henan Xilong directly to U.S.
Customs and Border Protection (CBP) 15 days after the publication of
this notice. The Department will direct CBP to assess antidumping
duties for Henan Xilong at the cash deposit rates in effect on the date
of entry for entries during the period November 1, 2006, through
October 31, 2007.
Notification to Parties
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 period of time. Failure to comply with
this
[[Page 38174]]
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and subsequent assessment
of double 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
written 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 terms of an APO is a sanctionable
violation.
Extension of Time Limit for Preliminary Results
Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the
Act), requires the Department to complete 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. However,
if it is not practicable to complete the review within this time
period, section 751(a)(3)(A) of the Act allows the Department to extend
that time period to a maximum of 365 days.
The Department has determined it is not practicable to complete
this review for the remaining respondent, Qingdao Shunxingli, within
the statutory time limit because we require additional time to analyze
complex issues, such as the valuation of the principal raw material and
the financial ratios, and the questionnaire responses submitted by
Qingdao Shunxingli. The time needed to analyze this information and to
develop fully the record in this administrative review makes it
impracticable to complete the preliminary results within the originally
specified time limit. Accordingly, the Department is extending the time
limit for completion of the preliminary results of this administrative
review until no later than December 1, 2008 (i.e., the next business
day following the 365th day after the last day of the anniversary month
of the order). We intend to issue the final results no later than 120
days after publication of the preliminary results notice.
This notice is issued and published in accordance with and sections
751(a)(1), 751(a)(3)(A), and 777(i)(1) of the Act, and 19 CFR
351.213(d)(4).
Dated: June 27, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-15262 Filed 7-2-08; 8:45 am]
BILLING CODE 3510-DS-S
