Fresh Garlic from the People’s Republic of China: Extension of Time Limit for the Preliminary Results of Administrative Review, 45211-45212 [E8-17831]

Download as PDF Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Notices pwalker on PROD1PC71 with NOTICES federal marketing order programs, affecting sales for the Export Markets; g. Information about Redberri’s export operations, including without limitation, sales and distribution networks established by Redberri or its Suppliers and Export Intermediaries in the Export Markets (including export price information); and h. Information about export customers’ credit terms and credit history. 3. Redberri may meet with its Suppliers and Export Intermediaries on a one-to-one basis to engage in the activities described in paragraphs 1 and 2 above. 4. Redberri and its Suppliers and Export Intermediaries may jointly participate in international trade shows and technology summits. 5. Redberri may market Products, Services, and Technology Rights under brand names to the extent it has the right to use those names under applicable law. 6. Redberri may form and operate electronic portals to promote Products, Services, and Technology Rights through a virtual marketplace for buyers and sellers in Export Markets, and thereby provide access to export trade opportunities, including publicly available overseas government tenders and non-governmental organization tenders. 7. Redberri may provide for or arrange for the provision of Export Trade Facilitation Services. 8. Redberri may negotiate, enter into, and manage exclusive or non-exclusive licensing agreements for the export of Technology Rights. 9. Redberri may enter into exclusive or nonexclusive agreements with Suppliers for the export of Products or Services to the Export Markets. IV. Terms and Conditions of Certificate 1. In engaging in Export Trade Activities and Methods of Operations, Redberri will not intentionally disclose, directly or indirectly, to any Supplier or Export Intermediary any information about any other Supplier’s or Export Intermediary’s costs, production, capacity, inventories, domestic prices, domestic sales, or U.S. business plans, strategies, or methods that is not already generally available to the trade or public. 2. Redberri will comply with requests made by the Secretary of Commerce on behalf of the Secretary of Commerce or the Attorney General for information or documents relevant to conduct under the Certificate. The Secretary of Commerce will request such information or documents when either VerDate Aug<31>2005 16:50 Aug 01, 2008 Jkt 214001 the Attorney General or the Secretary of Commerce believes that the information or documents are required to determine that the Export Trade, Export Trade Activities and Methods of Operation of a person protected by this Certificate of Review continue to comply with the standards of Section 303(a) of the Act. V. Definitions 1. ‘‘Supplier’’ means a person who produces, provides, or sells Products, Services and/or Technology Rights. 2. ‘‘Export Intermediary’’ means a person who acts as a distributor, sales representative, sales or marketing agent, import agent, broker, or who performs similar functions including providing or arranging for the provision of Export Trade Facilitation Services. VI. Protection Provided by Certificate The Certificate protects Redberri and its directors, officers, and employees acting on its behalf, from private treble damage actions and government criminal and civil suits under U.S. federal and state antitrust laws for the export conduct specified in the Certificate and carried out during its effective period in compliance with its terms and conditions. VII. Effective Period of Certificate The Certificate continues in effect until it is relinquished, modified, or revoked as provided in the Act and the Regulations. VIII. Other Conduct Nothing in the Certificate prohibits Redberri from engaging in conduct not specified in the Certificate, but such conduct is subject to the normal application of the antitrust laws. IX. Disclaimers 1. The issuance of the Certificate of Review to Redberri by the Secretary of Commerce with the concurrence of the Attorney General under the provisions of the Act does not constitute, explicitly or implicitly, an endorsement or opinion of the Secretary of Commerce or the Attorney General concerning either (a) the viability or quality of the business plans of Redberri or (b) the legality of such business plans of Redberri under the laws of the United States (other than as provided in the Act) or under the laws of any foreign country. 2. The application of the Certificate to conduct in Export Trade where the U.S. Government is the buyer or where the U.S. Government bears more than half the cost of the transaction is subject to the limitations set forth in Section V.(D.) of the ‘‘Guidelines for the Issuance of PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 45211 Export Trade Certificates of Review (Second Edition),’’ 50 FR 1786 (January 11, 1985). A copy of the Certificate will be kept in the International Trade Administration’s Freedom of Information Records Inspection Facility, Room 4100, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. Dated: July 29, 2008. Jeffrey Anspacher, Director, Export Trading Company Affairs. [FR Doc. E8–17798 Filed 8–1–08; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–831] Fresh Garlic from the People’s Republic of China: Extension of Time Limit for the Preliminary Results of Administrative Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: August 4, 2008. FOR FURTHER INFORMATION CONTACT: Scott Lindsay, 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) 482–0780. SUPPLEMENTARY INFORMATION: AGENCY: Background On December 27, 2007, the Department of Commerce (‘‘Department’’) published a notice of initiation of an administrative review of fresh garlic from the People’s Republic of China (‘‘PRC’’), covering the period November 1, 2006, through October 31, 2007. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 72 FR 73315 (December 27, 2007). On March 28, 2008, after receiving quantity and value and separate rate responses, the Department selected the mandatory respondents for this review. The preliminary results of this administrative review are currently due on August 1, 2008. Extension of Time Limit for Preliminary Results Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), the Department shall issue preliminary results in an administrative review of an antidumping duty order within 245 days after the last day of the anniversary E:\FR\FM\04AUN1.SGM 04AUN1 45212 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Notices month of the date of publication of the order. The Act further provides, however, that the Department may extend that 245-day period to 365 days if it is not practicable to complete the review within the foregoing time period. The Department finds that it is not practicable to complete the preliminary results by the current deadline of August 1, 2008. The Department has gathered and must analyze a significant amount of information pertaining to each company’s corporate structure and ownership, sales practices, and manufacturing methods. Furthermore, this review involves the extraordinarily complicated intermediate input methodology issue. Therefore, the Department requires additional time to analyze the questionnaire responses and to issue supplemental questionnaires. Therefore, in accordance with section 751(a)(3)(A) of the Act, the Department is extending the time limit for the preliminary results by 120 days until no later than December 1, 2008,1 which is 367 days after the last day of the anniversary month of the date of publication of the order. Unless extended, the final results continue to be due 120 days after the publication of the preliminary results, pursuant to section 751(a)(3)(A) of the Act and section 351.213(h)(1) of the Department’s regulations. This notice is issued and published in accordance to sections 751(a)(1) and 777(i)(1) of the Act. Dated: July 21, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8–17831 Filed 8–1–08; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–337–806] Notice of Preliminary Results of Antidumping Duty Administrative Review: Certain Individually Quick Frozen Red Raspberries from Chile Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce is conducting an administrative review pwalker on PROD1PC71 with NOTICES AGENCY: 1 120 days from August 1, 2008, is November 29, 2008. However, Department practice dictates that where a deadline falls on a weekend, the appropriate deadline is the next business day. 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 16:50 Aug 01, 2008 Jkt 214001 of the antidumping duty order on certain individually quick frozen (IQF) red raspberries from Chile. The period of review (POR) is July 1, 2006, through June 30, 2007. This review covers sales of IQF red raspberries by producer/ exporter Sociedad Agroindustrial Valle Frio Ltda. We preliminarily find that, during the POR, sales of IQF red raspberries were not made below normal value. Interested parties are invited to comment on these preliminary results. We will issue the final results not later than 120 days from the date of publication of this notice. EFFECTIVE DATE: August 4, 2008. FOR FURTHER INFORMATION CONTACT: Alexander Montoro 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) 482–0238 and (202) 482–0196, respectively. SUPPLEMENTARY INFORMATION: Background On July 9, 2002, the Department of Commerce (Department) published an antidumping duty order on certain IQF red raspberries from Chile. See Notice of Antidumping Duty Order: IQF Red Raspberries From Chile, 67 FR 45460 (July 9, 2002). On July 3, 2006, the Department published a notice of opportunity to request administrative review of this order. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 72 FR 36420 (July 3, 2007). On July 31, 2007, we received a request for review from Sociedad Agroindustrial Valle Frio Ltda. (Valle Frio).1 On August 30, 2006, we initiated the fourth administrative review for Valle Frio. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 72 FR 48613 (Aug. 24, 2007). On September 17, 2007, the Department issued an antidumping questionnaire to Valle Frio. Valle Frio submitted its initial responses to the antidumping 1 In the third administrative review, the Department collapsed Valle Frio with its affiliated producer, Agricola Framparque (Framparque). See Memorandum to Susan Kuhbach, Director, ‘‘Collapsing of Sociedad Agroindustrial Valle Frio Ltda.,’’ dated July 31, 2006. See Notice of Preliminary Results of Antidumping Duty Administrative Review, Notice of Intent to Revoke in Part: Certain Individually Quick Frozen Red Raspberries from Chile (unchanged in final) (Third Administrative Review of Raspberries from Chile), 71 FR 45000, 45001 (Aug. 8, 2006). There has been no change in the facts since then, so for the instant administrative review, we are treating Valle Frio and Framparque as a single entity. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 questionnaire from October 2007 through November 2007. On March 7, 2008, we requested that Valle Frio respond to the Constructed Value (CV) portion of the Department’s questionnaire. For further discussion, see ‘‘Calculation of Normal Value Based on Constructed Value’’ section of this notice. On March 21, 2008, the Department published in the Federal Register an extension of the time limit for the completion of the preliminary results of this review until no later than July 30, 2008, in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(h)(2). See Certain Individually Quick Frozen Red Raspberries from Chile: Notice of Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review, 73 FR 15134 (Mar. 21, 2008). On March 13, 2008, the Department issued a supplemental questionnaire to Valle Frio, and Valle Frio submitted its response on April 7, 2008. On April 1, 2008, Valle Frio submitted a response to Department’s request for CV information. After analyzing these responses, we issued a second supplemental questionnaire to Valle Frio on June 13, 2008. We received a timely filed response on July 07, 2008. Scope of the Order The products covered by this order are imports of IQF whole or broken red raspberries from Chile, with or without the addition of sugar or syrup, regardless of variety, grade, size or horticulture method (e.g., organic or not), the size of the container in which packed, or the method of packing. The scope of the order excludes fresh red raspberries and block frozen red raspberries (i.e., puree, straight pack, juice stock, and juice concentrate). The merchandise subject to this order is currently classifiable under subheading 0811.20.2020 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the merchandise under the order is dispositive. Fair Value Comparisons To determine whether sales of IQF red raspberries from Chile to the United States were made at less than normal value (NV), we compared export price (EP) to NV, as described in the ‘‘Export Price’’ and ‘‘Normal Value’’ sections of this notice. We note that we continue to have outstanding sales reconciliation issues with Valle Frio’s responses. For purposes of calculating these E:\FR\FM\04AUN1.SGM 04AUN1

Agencies

[Federal Register Volume 73, Number 150 (Monday, August 4, 2008)]
[Notices]
[Pages 45211-45212]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17831]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic from the People's Republic of China: Extension of 
Time Limit for the Preliminary Results of Administrative Review

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

EFFECTIVE DATE: August 4, 2008.

FOR FURTHER INFORMATION CONTACT: Scott Lindsay, 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) 482-0780.

SUPPLEMENTARY INFORMATION:

Background

    On December 27, 2007, the Department of Commerce (``Department'') 
published a notice of initiation of an administrative review of fresh 
garlic from the People's Republic of China (``PRC''), covering the 
period November 1, 2006, through October 31, 2007. See Initiation of 
Antidumping and Countervailing Duty Administrative Reviews, 72 FR 73315 
(December 27, 2007). On March 28, 2008, after receiving quantity and 
value and separate rate responses, the Department selected the 
mandatory respondents for this review. The preliminary results of this 
administrative review are currently due on August 1, 2008.

Extension of Time Limit for Preliminary Results

    Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as 
amended (the Act), the Department shall issue preliminary results in an 
administrative review of an antidumping duty order within 245 days 
after the last day of the anniversary

[[Page 45212]]

month of the date of publication of the order. The Act further 
provides, however, that the Department may extend that 245-day period 
to 365 days if it is not practicable to complete the review within the 
foregoing time period. The Department finds that it is not practicable 
to complete the preliminary results by the current deadline of August 
1, 2008. The Department has gathered and must analyze a significant 
amount of information pertaining to each company's corporate structure 
and ownership, sales practices, and manufacturing methods. Furthermore, 
this review involves the extraordinarily complicated intermediate input 
methodology issue. Therefore, the Department requires additional time 
to analyze the questionnaire responses and to issue supplemental 
questionnaires.
    Therefore, in accordance with section 751(a)(3)(A) of the Act, the 
Department is extending the time limit for the preliminary results by 
120 days until no later than December 1, 2008,\1\ which is 367 days 
after the last day of the anniversary month of the date of publication 
of the order. Unless extended, the final results continue to be due 120 
days after the publication of the preliminary results, pursuant to 
section 751(a)(3)(A) of the Act and section 351.213(h)(1) of the 
Department's regulations.
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    \1\ 120 days from August 1, 2008, is November 29, 2008. However, 
Department practice dictates that where a deadline falls on a 
weekend, the appropriate deadline is the next business day. See 
Notice of Clarification: Application of ``Next Business Day'' Rule 
for Administrative Determination Deadlines Pursuant to the Act, 70 
FR 24533 (May 10, 2005).
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    This notice is issued and published in accordance to sections 
751(a)(1) and 777(i)(1) of the Act.

    Dated: July 21, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-17831 Filed 8-1-08; 8:45 am]
BILLING CODE 3510-DS-S