Certain Forged Stainless Steel Flanges from India; Preliminary Intent to Rescind Administrative Review and Rescission in Part, 44969-44971 [E8-17711]
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44969
Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Notices
DOC Case No.
A–570–849 .........................
A–821–808 .........................
A–823–808 .........................
ITC Case No.
731–TA–753
(Second Review)
731–TA–754
(Second Review)
(Suspended)
731–TA–756
mstockstill on PROD1PC66 with NOTICES
Filing Information
As a courtesy, we are making
information related to Sunset
proceedings, including copies of the
pertinent statute and Department’s
regulations, the Department schedule
for Sunset Reviews, a listing of past
revocations and continuations, and
current service lists, available to the
public on the Department’s sunset
Internet Web site at the following
address: ‘‘https://ia.ita.doc.gov/sunset/.’’
All submissions in these Sunset
Reviews must be filed in accordance
with the Department’s regulations
regarding format, translation, service,
and certification of documents. These
rules can be found at 19 CFR 351.303.
Pursuant to 19 CFR 351.103 (c), the
Department will maintain and make
available a service list for these
proceedings. To facilitate the timely
preparation of the service list(s), it is
requested that those seeking recognition
as interested parties to a proceeding
contact the Department in writing
within 10 days of the publication of the
Notice of Initiation.
Because deadlines in Sunset Reviews
can be very short, we urge interested
parties to apply for access to proprietary
information under administrative
protective order (‘‘APO’’) immediately
following publication in the Federal
Register of this notice of initiation by
filing a notice of intent to participate.
The Department’s regulations on
submission of proprietary information
and eligibility to receive access to
business proprietary information under
APO can be found at 19 CFR 351.304–
306.
Information Required from Interested
Parties
Domestic interested parties defined in
section 771(9)(C), (D), (E), (F), and (G) of
the Act and 19 CFR 351.102(b)) wishing
to participate in a Sunset Review must
respond not later than 15 days after the
date of publication in the Federal
Register of this notice of initiation by
filing a notice of intent to participate.
The required contents of the notice of
intent to participate are set forth at 19
CFR 351.218(d)(1)(ii). In accordance
with the Department’s regulations, if we
do not receive a notice of intent to
VerDate Aug<31>2005
19:39 Jul 31, 2008
Country
Jkt 214001
Product
PRC
Cut–to-Length Carbon Steel
Demitrios Kalogeropoulos (202) 482–2623
Russia
Cut–to-Length Carbon Steel
Sally Gannon (202) 482–0162
Ukraine
Cut–to-Length Carbon Steel
(Second Review) (Suspended)
Judith Rudman (202) 482–0192
participate from at least one domestic
interested party by the 15-day deadline,
the Department will automatically
revoke the order without further review.
See 19 CFR 351.218(d)(1)(iii).
If we receive an order–specific notice
of intent to participate from a domestic
interested party, the Department’s
regulations provide that all parties
wishing to participate in the Sunset
Review must file complete substantive
responses not later than 30 days after
the date of publication in the Federal
Register of this notice of initiation. The
required contents of a substantive
response, on an order–specific basis, are
set forth at 19 CFR 351.218(d)(3). Note
that certain information requirements
differ for respondent and domestic
parties. Also, note that the Department’s
information requirements are distinct
from the Commission’s information
requirements.1 Please consult the
Department’s regulations for
information regarding the Department’s
conduct of Sunset Reviews. Please
consult the Department’s regulations at
19 CFR Part 351 for definitions of terms
and for other general information
concerning antidumping and
countervailing duty proceedings at the
Department.
This notice of initiation is being
published in accordance with section
751(c) of the Act and 19 CFR 351.218
(c).
Dated: July 24, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E8–17709 Filed 7–31–08; 8:45 am]
BILLING CODE 3510–DS–S
1 In comments made on the interim final sunset
regulations, a number of parties stated that the
proposed five-day period for rebuttals to
substantive responses to a notice of initiation was
insufficient. This requirement was retained in the
final sunset regulations at 19 CFR 351.218(d)(4). As
provided in 19 CFR 351.302(b), however, the
Department will consider individual requests to
extend that five-day deadline based upon a showing
of good cause.
PO 00000
Department Contact
Frm 00013
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
International Trade Administration
A–533–809
Certain Forged Stainless Steel Flanges
from India; Preliminary Intent to
Rescind Administrative Review and
Rescission in Part
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on certain
forged stainless steel flanges (stainless
steel flanges) from India manufactured
by Pradeep Metals Limited (Pradeep),
Echjay Forgings Pvt., Ltd. (Echjay) and
Hotmetal Forge (India) Pvt, Ltd.
(Hotmetal). The period of review (POR)
is February 1, 2007, through January 31,
2008. We preliminarily determine that
Pradeep had no bona fide U.S. sales
during the period of review (POR), and
therefore, we intend to rescind the
review. We are also rescinding the
review with respect to Echjay and
Hotmetal because they both withdrew
their requests for the review, and no
other party requested a review of these
companies.
We invite interested parties to
comment on this preliminary intent to
rescind with respect to Pradeep. Parties
who submit argument in these
proceedings are requested to submit
with the argument: (1) a statement of the
issues; and (2) a brief summary of the
argument.
AGENCY:
EFFECTIVE DATE:
August 1, 2008.
Fred
Baker or Robert James, AD/CVD
Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–2924 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
On February 9, 1994, the Department
published the antidumping duty order
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01AUN1
44970
Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Notices
on stainless steel flanges from India. See
Amended Final Determination and
Antidumping Duty Order; Certain
Forged Stainless Steel Flanges from
India, 59 FR 5994 (February 9, 1994)
(Amended Final Determination). On
February 15, 2008, we received a
request for an administrative review
from Echjay for the period February 1,
2007 through January 31, 2008. On
February 25, 2008, and February 29,
2008, we received requests from
Pradeep and Hotmetal, respectively, for
administrative reviews for the same
period. On March 31, 2008, we initiated
the administrative review. See Initiation
of Antidumping and Countervailing
Duty Administrative Reviews, Request
for Revocation in Part, and Deferral of
Administrative Review, 73 FR 16837
(March 31, 2008).
On April 2, 2008, the Department
issued its questionnaire to Pradeep.
Pradeep submitted its section A
response on April 29, 2008, and its
section B and C responses on May 8,
2008.
On April 25, 2008, Echjay withdrew
its request for administrative review. On
June 5, 2008, Hotmetal withdrew its
request for administrative review.
mstockstill on PROD1PC66 with NOTICES
Scope of the order
The products covered by this order
are certain forged stainless steel flanges,
both finished and not finished,
generally manufactured to specification
ASTM A–182, and made in alloys such
as 304, 304L, 316, and 316L. The scope
includes five general types of flanges.
They are weld–neck, used for butt–weld
line connection; threaded, used for
threaded line connections; slip–on and
lap joint, used with stub–ends/butt–
weld line connections; socket weld,
used to fit pipe into a machined
recession; and blind, used to seal off a
line. The sizes of the flanges within the
scope range generally from one to six
inches; however, all sizes of the above–
described merchandise are included in
the scope. Specifically excluded from
the scope of this order are cast stainless
steel flanges. Cast stainless steel flanges
generally are manufactured to
specification ASTM A–351. The flanges
subject to this order are currently
classifiable under subheadings
7307.21.1000 and 7307.21.5000 of the
Harmonized Tariff Schedule (HTS).
Although the HTS subheading is
provided for convenience and customs
purposes, the written description of the
merchandise under review is dispositive
of whether or not the merchandise is
covered by the scope of the order.
VerDate Aug<31>2005
19:39 Jul 31, 2008
Jkt 214001
Rescission in Part
As indicated above, on April 25, 2008,
and June 5, 2008, Echjay and Hotmetal,
respectively, withdrew their requests for
administrative review. Pursuant to 19
CFR 351.213(d)(1), the Secretary will
rescind an administrative review, in
whole or in part, if the party who
requested the review withdraws the
request within ninety days of the date
of publication of notice of initiation of
the requested review. Because Echjay
and Hotmetal withdrew their requests
for review within the 90-day period and
no other party requested a review of
their sales, in accordance with 19 CFR
351.213(d)(1), we are rescinding this
review with respect to these companies.
Intent to Rescind
As indicated above, we have
preliminarily determined that Pradeep’s
single sale to the United States during
the POR was not bona fide. We based
our determination on the following
factors: (1) the timing of the sale; (2) the
U.S. price and expenses associated with
the sale were high; and (3) the sale
involved a method of shipping not
standard for the industry. For further
information, see the Memorandum to
the File, ‘‘Bona Fide Nature of the Sale
in the Administrative Review of
Pradeep Metals Limited,’’ dated July 28,
2008, for a complete explanation of our
analysis. Based on these factors, we
preliminarily intend to rescind this
administrative review.
Public Comment
Interested parties are invited to
comment on this preliminary intent to
rescind. Pursuant to 19 CFR
351.309(c)(1)(ii), interested parties may
submit case briefs no later than 30 days
after the date of publication of this
notice. Pursuant to 19 CFR 351.309(d),
rebuttal briefs, limited to issues raised
in the case briefs and comments, may be
filed no later than 5 days after the time
limit for filing the case briefs. Parties
who submit argument in these
proceedings are requested to submit
with the argument: (1) a statement of the
issue; (2) a brief summary of the
argument; and (3) a table of authorities.
Further, the Department requests parties
submitting written comments to provide
the Department with an additional copy
of the public version of any such
comments on diskette.
Assessment Rates
The Department will issue
appropriate assessment instructions for
Echjay and Hotmetal directly to the U.S.
Customs and Border Protection (CBP)
fifteen days after the publication of this
notice. The Department will direct CBP
PO 00000
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Fmt 4703
Sfmt 4703
to assess antidumping duties at the cash
deposit rate in effect on the date of entry
for entries of subject merchandise
produced and/or exported by Echjay or
Hotmetal during the period February 1,
2007 through January 31, 2008.
With respect to Pradeep, if a final
rescission notice is published at the
completion of this administrative
review, a cash deposit rate of 162.14
percent ad valorem shall continue to be
collected for any entries produced by
Pradeep. Should the Department reach a
final result other than a rescission, we
will calculate an appropriate
antidumping duty rate for both
assessment and cash deposit purposes.
The Department intends to issue
assessment instructions to CBP fifteen
days after the date of publication of the
final rescission or final results of
review.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. See Notice of Policy
Concerning Assessment of Antidumping
Duties, 68 FR 23954 (May 6, 2003)
(Assessment Policy Notice). This
clarification will apply to entries of
subject merchandise during the POR
produced by Pradeep for which Pradeep
did not know that the merchandise it
sold to an intermediary (e.g., a reseller,
trading company, or exporter) was
destined for the United States. In such
instances, we will instruct CBP to
liquidate unreviewed entries at the
162.14 percent all–others rate
established in the original less than fair
value (LTFV) investigation if there is no
rate for the intermediary involved in the
transaction. See Assessment Policy
Notice for a full discussion of this
clarification.
Notification to Interested Parties
This notice also serves as a
preliminary 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
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Tariff Act
and 19 CFR 351.221(b)(4).
E:\FR\FM\01AUN1.SGM
01AUN1
Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Notices
Dated: July 28, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E8–17711 Filed 7–31–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XJ44
Gulf of Mexico Fishery Management
Council; Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
mstockstill on PROD1PC66 with NOTICES
AGENCY:
SUMMARY: The Gulf of Mexico Fishery
Management Council (Council) will
convene its Socioeconomic Panel (SEP).
DATES: The meeting will be convene at
8:30 a.m. on Tuesday, August 19, 2008
and conclude no later than 5 p.m. on
Wednesday, August 20, 2008.
ADDRESSES: The meeting will be held at
the Embassy Suites, 555 N. Westshore
Blvd., Tampa, FL 33609; telephone:
(813) 875–1555.
Council address: Gulf of Mexico
Fishery Management Council, 2203
North Lois Avenue, Suite 1100, Tampa,
FL 33607.
FOR FURTHER INFORMATION CONTACT: Dr.
Assane Diagne, Economist, Gulf of
Mexico Fishery Management Council;
telephone: (813) 348–1630.
SUPPLEMENTARY INFORMATION: The Gulf
of Mexico Fishery Management Council
(Council) will convene its
Socioeconomic Panel (SEP) to discuss
Reef Fish Amendment 29, the
Aquaculture Fishery Management Plan
(FMP), draft principles for allocation,
and socio-economic aspects of
allocation. Reef Fish Amendment 29
proposes to rationalize effort and reduce
overcapacity in the commercial grouper
and tilefish fisheries in order to achieve
and maintain optimum yield (OY).
Effort management approaches
considered in this amendment include
permit endorsements and the
implementation of an Individual
Fishing Quota (IFQ) program. The
Aquaculture FMP will require persons
to obtain a permit from NMFS to
participate in aquaculture by
constructing an aquaculture facility in
the EEZ of the Gulf of Mexico. Each
application for a permit must comply
with many permit conditions related to
record keeping and operation of the
VerDate Aug<31>2005
19:39 Jul 31, 2008
Jkt 214001
facility. These permit conditions will
assure the facility has a minimal affect
on the environment and on other fishery
resources. Compliance with the
conditions will be evaluated annually
for the duration of the permit as the
basis for renewal of the permit for the
next year.
A copy of the agenda and related
materials can be obtained by calling the
Council office at (813) 348–1630.
Although other non-emergency issues
not on the agendas may come before the
SEP for discussion, in accordance with
the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), those issues
may not be the subject of formal action
during this meeting. Actions of the SEP
will be restricted to those issues
specifically identified in the agendas
and any issues arising after publication
of this notice that require emergency
action under Section 305(c) of the
Magnuson-Stevens Act, provided the
public has been notified of the Council’s
intent to take action to address the
emergency.
Special Accommodations
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to Tina
O’Hern at the Council (see ADDRESSES)
at least 5 working days prior to the
meeting.
Dated: July 29, 2008.
Tracey L. Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E8–17642 Filed 7–31–08; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN: 0648–XJ43
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
AGENCY:
SUMMARY: The New England Fishery
Management Council’s (Council)
Groundfish Oversight Committee will
meet to consider actions affecting New
England fisheries in the exclusive
economic zone (EEZ).
DATES: The meeting will be held on
Tuesday, August 26, 2008, at 9 a.m.
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
44971
The meeting will be held at
the Holiday Inn, One Newbury Street,
Route 1, Peabody, MA 01960; telephone:
(978) 535–4600.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
ADDRESSES:
Paul
J. Howard, Executive Director, New
England Fishery Management Council;
telephone: (978) 465–0492.
FOR FURTHER INFORMATION CONTACT:
The items
of discussion in the committee’s agenda
are as follows:
The Groundfish Oversight Committee
will meet to continue development of
Amendment 16 to the Northeast
Multispecies Fishery Management Plan
(FMP). Amendment 16 will adjust
management measures as necessary to
continue stock rebuilding. The
Committee will review preliminary
reports of stock status. Based on that
information, Committee members will
begin to develop recommendations for
any adjustments to rebuilding plans that
are needed. This will include
recommendations for target fishing
mortality rates as well as changes to
measures that will achieve the targeted
rates. The Committee may also review
sector policies, the setting of annual
catch limits, accountability measures,
and other amendment alternatives.
Committee recommendations will be
presented to the New England Fishery
Management Council at a later meeting.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
issues may not be the subject of formal
action during this meeting. Action will
be restricted to those issues specifically
identified in this notice and any issues
arising after publication of this notice
that require emergency action under
section 305(c) of the Magnuson-Stevens
Fishery Conservation and Management
Act, provided the public has been
notified of the Council’s intent to take
final action to address the emergency.
SUPPLEMENTARY INFORMATION:
Special Accommodations
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to Paul
J. Howard (see ADDRESSES) at least 5
days prior to the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 29, 2008.
Tracey L. Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E8–17733 Filed 7–31–08; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\01AUN1.SGM
01AUN1
]]>Agencies
[Federal Register Volume 73, Number 149 (Friday, August 1, 2008)]
[Notices]
[Pages 44969-44971]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17711]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-533-809
Certain Forged Stainless Steel Flanges from India; Preliminary
Intent to Rescind Administrative Review and Rescission in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on certain forged
stainless steel flanges (stainless steel flanges) from India
manufactured by Pradeep Metals Limited (Pradeep), Echjay Forgings Pvt.,
Ltd. (Echjay) and Hotmetal Forge (India) Pvt, Ltd. (Hotmetal). The
period of review (POR) is February 1, 2007, through January 31, 2008.
We preliminarily determine that Pradeep had no bona fide U.S. sales
during the period of review (POR), and therefore, we intend to rescind
the review. We are also rescinding the review with respect to Echjay
and Hotmetal because they both withdrew their requests for the review,
and no other party requested a review of these companies.
We invite interested parties to comment on this preliminary intent
to rescind with respect to Pradeep. Parties who submit argument in
these proceedings are requested to submit with the argument: (1) a
statement of the issues; and (2) a brief summary of the argument.
EFFECTIVE DATE: August 1, 2008.
FOR FURTHER INFORMATION CONTACT: Fred Baker or Robert James, AD/CVD
Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
2924 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 9, 1994, the Department published the antidumping duty
order
[[Page 44970]]
on stainless steel flanges from India. See Amended Final Determination
and Antidumping Duty Order; Certain Forged Stainless Steel Flanges from
India, 59 FR 5994 (February 9, 1994) (Amended Final Determination). On
February 15, 2008, we received a request for an administrative review
from Echjay for the period February 1, 2007 through January 31, 2008.
On February 25, 2008, and February 29, 2008, we received requests from
Pradeep and Hotmetal, respectively, for administrative reviews for the
same period. On March 31, 2008, we initiated the administrative review.
See Initiation of Antidumping and Countervailing Duty Administrative
Reviews, Request for Revocation in Part, and Deferral of Administrative
Review, 73 FR 16837 (March 31, 2008).
On April 2, 2008, the Department issued its questionnaire to
Pradeep. Pradeep submitted its section A response on April 29, 2008,
and its section B and C responses on May 8, 2008.
On April 25, 2008, Echjay withdrew its request for administrative
review. On June 5, 2008, Hotmetal withdrew its request for
administrative review.
Scope of the order
The products covered by this order are certain forged stainless
steel flanges, both finished and not finished, generally manufactured
to specification ASTM A-182, and made in alloys such as 304, 304L, 316,
and 316L. The scope includes five general types of flanges. They are
weld-neck, used for butt-weld line connection; threaded, used for
threaded line connections; slip-on and lap joint, used with stub-ends/
butt-weld line connections; socket weld, used to fit pipe into a
machined recession; and blind, used to seal off a line. The sizes of
the flanges within the scope range generally from one to six inches;
however, all sizes of the above-described merchandise are included in
the scope. Specifically excluded from the scope of this order are cast
stainless steel flanges. Cast stainless steel flanges generally are
manufactured to specification ASTM A-351. The flanges subject to this
order are currently classifiable under subheadings 7307.21.1000 and
7307.21.5000 of the Harmonized Tariff Schedule (HTS). Although the HTS
subheading is provided for convenience and customs purposes, the
written description of the merchandise under review is dispositive of
whether or not the merchandise is covered by the scope of the order.
Rescission in Part
As indicated above, on April 25, 2008, and June 5, 2008, Echjay and
Hotmetal, respectively, withdrew their requests for administrative
review. Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review, in whole or in part, if the party who requested
the review withdraws the request within ninety days of the date of
publication of notice of initiation of the requested review. Because
Echjay and Hotmetal withdrew their requests for review within the 90-
day period and no other party requested a review of their sales, in
accordance with 19 CFR 351.213(d)(1), we are rescinding this review
with respect to these companies.
Intent to Rescind
As indicated above, we have preliminarily determined that Pradeep's
single sale to the United States during the POR was not bona fide. We
based our determination on the following factors: (1) the timing of the
sale; (2) the U.S. price and expenses associated with the sale were
high; and (3) the sale involved a method of shipping not standard for
the industry. For further information, see the Memorandum to the File,
``Bona Fide Nature of the Sale in the Administrative Review of Pradeep
Metals Limited,'' dated July 28, 2008, for a complete explanation of
our analysis. Based on these factors, we preliminarily intend to
rescind this administrative review.
Public Comment
Interested parties are invited to comment on this preliminary
intent to rescind. Pursuant to 19 CFR 351.309(c)(1)(ii), interested
parties may submit case briefs no later than 30 days after the date of
publication of this notice. Pursuant to 19 CFR 351.309(d), rebuttal
briefs, limited to issues raised in the case briefs and comments, may
be filed no later than 5 days after the time limit for filing the case
briefs. Parties who submit argument in these proceedings are requested
to submit with the argument: (1) a statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities. Further, the
Department requests parties submitting written comments to provide the
Department with an additional copy of the public version of any such
comments on diskette.
Assessment Rates
The Department will issue appropriate assessment instructions for
Echjay and Hotmetal directly to the U.S. Customs and Border Protection
(CBP) fifteen days after the publication of this notice. The Department
will direct CBP to assess antidumping duties at the cash deposit rate
in effect on the date of entry for entries of subject merchandise
produced and/or exported by Echjay or Hotmetal during the period
February 1, 2007 through January 31, 2008.
With respect to Pradeep, if a final rescission notice is published
at the completion of this administrative review, a cash deposit rate of
162.14 percent ad valorem shall continue to be collected for any
entries produced by Pradeep. Should the Department reach a final result
other than a rescission, we will calculate an appropriate antidumping
duty rate for both assessment and cash deposit purposes. The Department
intends to issue assessment instructions to CBP fifteen days after the
date of publication of the final rescission or final results of review.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Notice of Policy Concerning Assessment of Antidumping
Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice). This
clarification will apply to entries of subject merchandise during the
POR produced by Pradeep for which Pradeep did not know that the
merchandise it sold to an intermediary (e.g., a reseller, trading
company, or exporter) was destined for the United States. In such
instances, we will instruct CBP to liquidate unreviewed entries at the
162.14 percent all-others rate established in the original less than
fair value (LTFV) investigation if there is no rate for the
intermediary involved in the transaction. See Assessment Policy Notice
for a full discussion of this clarification.
Notification to Interested Parties
This notice also serves as a preliminary 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 Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Tariff Act and 19 CFR
351.221(b)(4).
[[Page 44971]]
Dated: July 28, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-17711 Filed 7-31-08; 8:45 am]
BILLING CODE 3510-DS-S
