Sixth Administrative Review of Honey from the People's Republic of China: Extension of Time Limit for the Preliminary Results, 46588-46589 [E8-18480]

Download as PDF rmajette on PRODPC74 with NOTICES 46588 Federal Register / Vol. 73, No. 155 / Monday, August 11, 2008 / Notices of the antidumping duty order on silicon metal from the PRC for the period of June 1, 2006, through May 31, 2007. See, e.g., Stainless Steel Sheet and Strip in Coils from Japan; Final Rescission of Antidumping Duty Administrative Review, 71 FR 26041, 26043 (May 3, 2006). In addition, in the Preliminary Results, the Department indicated that it was unable to directly serve Global Minerals (Canada), SeaView Trading, or Coldstone with its Q&V questionnaire. See Memorandum to the File from Kristina Horgan, Senior International Trade Analyst, AD/CVD Operations, Office 9, regarding ‘‘Antidumping Duty Administrative Review of Silicon Metal from the People’s Republic of China: Proof of Non–Delivery to Global Minerals (Canada) and SeaView Trading,’’ dated November 9, 2007; see also Memorandum to the File from Michael Quigley, International Trade Analyst, AD/CVD Operations, Office 9, regarding ‘‘Antidumping Duty Administrative Review of Silicon Metal from the People’s Republic of China: Record of Mailings to Coldstone Metals Inc.,’’ dated November 20, 2007 (‘‘Coldstone Memo’’). In its April 8, 2008, case brief, Petitioners requested that the Department apply adverse facts available (‘‘AFA’’) to Coldstone for not responding to the Department’s initial August 24, 2007 Q&V questionnaire. The Department finds that we cannot penalize Coldstone for not responding to the Department’s second Q&V letter, as the Department was unable to inform the party of the nature of the deficiency on the record. See I&D Memo, at Comment 2. Therefore, the Department is rescinding the review with respect to Coldstone, Global Minerals (Canada) and SeaView Trading, in accordance with our practice. See, e.g., Certain Steel Concrete Reinforcing Bars from Turkey: Final Results and Rescission of Antidumping Duty Administrative Review in Part, 71 FR 65082, 65083 (November 7, 2006).Use of Facts Otherwise Available and the PRC–Wide Rate In the Preliminary Results, the Department found that Hunan Provincial Import & Export Group Co (PRC) (‘‘Hunan Provincial’’), Gather Hope Int’l Co., Ltd. (‘‘Gather Hope’’), and Alloychem Impex Corp. (‘‘Alloychem’’) ceased participating in the administrative review, as the companies did not respond to the Department’s requests for Q&V information. As noted in the Preliminary Results, the Department found that Hunan Provincial, Gather Hope, and Alloychem did not establish VerDate Aug<31>2005 15:22 Aug 08, 2008 Jkt 214001 their eligibility for separate rate status, and thus such entities are deemed part of the PRC–wide entity. As the Department found that the PRC–wide entity failed to cooperate to the best of its ability in responding to the Department’s requests for information, the Department assigned the PRC–wide entity a rate based on AFA. The Department did not receive comments prior to these final results regarding the Department’s preliminary application of AFA to the PRC–wide entity. Therefore, for these final results, the Department has not altered its decision from the Preliminary Results to apply total AFA to the PRC–wide entity accordance with sections 776(a)(2)(A) and (B) and section 776(b) of the Act, and has assigned an AFA rate of 139.49 percent. See Preliminary Results at 12381. Final Results of Review We determine that the following antidumping duty margin exists for the period June 1, 2006, through May 31, 2007: SILICON METAL FROM THE PRC PRC–Wide Entity2 ........ 139.49 2 The PRC–Wide Entity includes Hunan Provincial, Gather Hope, and Alloychem. Assessment Rates The Department will instruct Customs Border Patrol (‘‘CBP’’) to assess antidumping duties on all appropriate entries. For those companies for which this review has been rescinded, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(I). The Department will issue appropriate assessment instructions directly to CBP 15 days after publication of this notice. Notification to Importers This notice serves as a final reminder to importers for whom this review is being rescinded, as of the publication date of this notice, of their responsibility under 19 CFR 351.402(f)(2) 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 the antidumping duties occurred and the subsequent assessment of double antidumping duties. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Notification Regarding APOs This notice also serves as a reminder to parties subject to administrative protective orders (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/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 violation which is subject to sanction. This notice is issued and published in accordance with section 777(i)(1) of the Act, and 19 CFR 351.213(d)(4). Dated: August 04, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8–18477 Filed 8–8–08; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–570–863 Sixth Administrative Review of Honey from the People’s Republic of China: Extension of Time Limit for the Preliminary Results Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: August 11, 2008. FOR FURTHER INFORMATION CONTACT: Catherine Bertrand, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington DC 20230; telephone-(202) 482–3207. SUPPLEMENTARY INFORMATION: AGENCY: Background On January 28, 2008, the Department of Commerce (‘‘Department’’) published a notice of initiation of an administrative review of honey from the People’s Republic of China (‘‘PRC’’), covering the period December 1, 2006— November 30, 2007. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 73 FR 4829 (January 28, 2008) (‘‘Initiation’’). On April 2, 2008, after receiving comments on U.S. Customs and Border Protection data, the Department selected the mandatory respondents for this review. From May E:\FR\FM\11AUN1.SGM 11AUN1 Federal Register / Vol. 73, No. 155 / Monday, August 11, 2008 / Notices 9, 2008 to July 11, 2008, the participating mandatory respondent responded to the Department’s questionnaire and subsequent supplemental questionnaires. On June 10, 2008 the Department selected an additional mandatory respondent, which did not respond to the Department’s initial antidumping duty questionnaire or the Department’s second antidumping duty questionnaire. The preliminary results of this administrative review are currently due on September 2, 2008. Extension of Time Limit for the Preliminary Results The Department determines that completion of the preliminary results of this review within the statutory time period is not practicable, given the extraordinarily complicated nature of the proceeding. Although this administrative review covers one company, the Department requires more time to gather and analyze a significant amount of information pertaining to this company’s corporate structure and ownership, sales practices, and manufacturing methods. Lastly, the Department requires additional time to analyze the questionnaire responses and to issue supplemental questionnaires. Therefore, given the number and complexity of issues in this case, and in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), we are extending the time period for issuing the preliminary results of review by 75 days until November 15, 2008. The final results continue to be due 120 days after the publication of the preliminary results. This notice is published pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2). Dated: August 1, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8–18480 Filed 8–8–08; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE Minority Business Development Agency rmajette on PRODPC74 with NOTICES [Docket No.: 071121729–81040–02] Extension of the Award Period for Certain Native American Business Enterprise Centers Minority Business Development Agency, Commerce. ACTION: Notice. AGENCY: VerDate Aug<31>2005 18:01 Aug 08, 2008 Jkt 214001 SUMMARY: The Minority Business Development Agency (MBDA) is publishing this notice to allow for up to a twelve (12) month funded extension, on a non-competitive basis, of the overall award periods for those Native American Business Enterprise Centers (NABECs) identified in this notice. MBDA is taking this action to allow for continued program delivery by the incumbent NABECs operators while MBDA completes the competitive solicitation and award processes for the next three (3) year award period for these projects. DATES: The award period and related funding, if approved by the Department of Commerce Grants Officer, will commence September 1, 2008 and will continue for a period not to exceed twelve (12) months. FOR FURTHER INFORMATION CONTACT: Mr. Efrain Gonzalez, Chief, Office of Business Development, Minority Business Development Agency, 1401 Constitution Avenue, NW., Room 5075, Washington, DC 20230. Mr. Gonzalez may be reached by telephone at (202) 482–1940 and by e-mail at egonzalez@mbda.gov. SUPPLEMENTARY INFORMATION: Pursuant to Executive Order 11625, the NABEC Program provides standardized business assistance and development services directly to eligible Native American and minority-owned businesses. The NABEC Program is a key component of MBDA’s overall business development assistance program and promotes the growth and competitiveness of minority business enterprises and further incorporates an entrepreneurial approach to the delivery of client services. This entrepreneurial strategy expands the reach and service delivery of the NABEC Program by requiring project operators to develop and to build upon strategic alliances with public and private sector partners as a means of serving eligible businesses within each NABEC applicable geographical service area. This notice amends MBDA’s prior Federal Register notice dated May 11, 2007 (72 FR 26783), to allow for up to a 12-month funded extension, on a noncompetitive basis, of the overall award period for the following two NABECs: New Mexico NABEC (American Indian Chamber of Commerce); and the Oklahoma NABEC (Rural Enterprises of Oklahoma, Inc.). MBDA is taking this action to allow for continued program delivery by the incumbent NABEC operators while MBDA completes the competitive solicitation and award processes for the next 3-year award period for these projects. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 46589 The allowable award extensions and additional funding set forth herein will be made at the sole discretion of MBDA and the Department of Commerce (Department). In making such determinations, the following factors will be considered: (1) Whether the NABEC operator is currently performing at a ‘‘Satisfactory’’ (or better) program performance level at the time the Grants Officer approves the extension; (2) the availability of appropriated funds; and (3) MBDA and Department priorities. The project’s performance rating will be evaluated through the standardized performance reports and assessments required under the NABEC Program. In no event will MBDA or the Department of Commerce be responsible to cover any costs incurred outside of the current award period by the incumbent operators of the NABEC projects affected by this notice if these NABEC projects are delayed, suspended or cancelled because of other MBDA or Department priorities. Publication of this announcement does not oblige MBDA or the Department to award any extensions or to obligate any available funds for such purpose. Department of Commerce Pre-Award Notification Requirements for Grants and Cooperative Agreements The Department of Commerce PreAward Notification Requirements for Grants and Cooperative Agreements contained in the February 11, 2008 Federal Register notice (73 FR 7696) are applicable to this notice. Executive Order 12866 This notice has been determined to be not significant for purposes of E.O. 12866. Executive Order 13132 (Federalism) It has been determined that this notice does not contain policies with Federalism implications as that term is defined in Executive Order 13132. Administrative Procedure Act/ Regulatory Flexibility Act Prior notice and an opportunity for public comment are not required by the Administrative Procedure Act for rules concerning public property, loans, grants, benefits, and contracts (5 U.S.C. 553(a)(2)). Because notice and opportunity for comment are not required pursuant to 5 U.S.C. 553 or any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are inapplicable. Therefore, a regulatory flexibility analysis is not required and has not been prepared. Authority: 15 U.S.C. 1512 and Executive Order 11625. E:\FR\FM\11AUN1.SGM 11AUN1

Agencies

[Federal Register Volume 73, Number 155 (Monday, August 11, 2008)]
[Notices]
[Pages 46588-46589]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18480]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-863


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

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

EFFECTIVE DATE: August 11, 2008.

FOR FURTHER INFORMATION CONTACT: Catherine Bertrand, AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington DC 20230; telephone-(202) 482-3207.

SUPPLEMENTARY INFORMATION:

Background

    On January 28, 2008, the Department of Commerce (``Department'') 
published a notice of initiation of an administrative review of honey 
from the People's Republic of China (``PRC''), covering the period 
December 1, 2006--November 30, 2007. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Request for Revocation 
in Part, 73 FR 4829 (January 28, 2008) (``Initiation''). On April 2, 
2008, after receiving comments on U.S. Customs and Border Protection 
data, the Department selected the mandatory respondents for this 
review. From May

[[Page 46589]]

9, 2008 to July 11, 2008, the participating mandatory respondent 
responded to the Department's questionnaire and subsequent supplemental 
questionnaires. On June 10, 2008 the Department selected an additional 
mandatory respondent, which did not respond to the Department's initial 
antidumping duty questionnaire or the Department's second antidumping 
duty questionnaire. The preliminary results of this administrative 
review are currently due on September 2, 2008.

Extension of Time Limit for the Preliminary Results

    The Department determines that completion of the preliminary 
results of this review within the statutory time period is not 
practicable, given the extraordinarily complicated nature of the 
proceeding. Although this administrative review covers one company, the 
Department requires more time to gather and analyze a significant 
amount of information pertaining to this company's corporate structure 
and ownership, sales practices, and manufacturing methods. Lastly, the 
Department requires additional time to analyze the questionnaire 
responses and to issue supplemental questionnaires. Therefore, given 
the number and complexity of issues in this case, and in accordance 
with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (``the 
Act''), we are extending the time period for issuing the preliminary 
results of review by 75 days until November 15, 2008. The final results 
continue to be due 120 days after the publication of the preliminary 
results.
    This notice is published pursuant to section 751(a)(3)(A) of the 
Act and 19 CFR 351.213(h)(2).

    Dated: August 1, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-18480 Filed 8-8-08; 8:45 am]
BILLING CODE 3510-DS-S