Certain Tow-Behind Lawn Groomers and Certain Parts Thereof from the People's Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation, 50307-50308 [E8-19777]

Download as PDF Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Notices According to China’s WTO subsidies notification, domestic industrial enterprises whose research and development expenses increased 10 percent from the previous year may offset 150 percent of the research expenditures from their income tax obligation. Petitioners allege that domestic companies engaging in research and development comprise a de jure specific group. Petitioners have not established with reasonably available evidence that such enterprises are a specific group pursuant to section 771(5A)(D) of the Act. Therefore, we do not plan to investigate this program. sroberts on PROD1PC76 with NOTICES D. Indirect Tax Programs 1. Import tariff and VAT refunds to promote the development of equipment manufacturing in China Petitioners allege that the Chinese government refunds import tariffs and VAT for equipment and raw materials that cannot be domestically produced. Petitioners have not sufficiently established that this import tariff and VAT refund program is specific. Therefore, we do not plan to investigate this program. 2. VAT exemptions for the ‘‘encouragement of investment by Taiwan Compatriots’’ Petitioners allege that the Chinese government offers VAT exemptions to encourage Taiwanese investors to establish export–oriented and technologically advanced enterprises. Petitioners have not sufficiently established that this VAT exemption program constitutes a countervailable subsidy because our regulations permit exemption or remission of indirect taxes such as the VAT, unless the exemption or remission is excessive in accordance with 19 C.F.R. 351.517(a). Therefore, because petitioners have not shown that there is an excessive exemption, remuneration or rebate of VAT, we do not plan to investigate this program. E. Provincial/Local Subsidy Programs 1. VAT Refunds and Exemptions for FIEs in Guangdong Province The petitioners allege that, in Guangdong province, export–oriented FIEs are exempt from import–related VAT on raw materials, parts and components, accessories, packing materials, and other inputs used in production. Encouraged FIEs in Guangdong also receive VAT exemptions on imported equipment. The petitioners provided evidence that certain Chinese producers of kitchen shelving and racks are export–oriented FIEs that are located in Guangdong province. However, petitioners have not sufficiently established that the VAT VerDate Aug<31>2005 00:53 Aug 26, 2008 Jkt 214001 exemption program for export–oriented FIEs in Guangdong constitutes a countervailable subsidy because our regulations permit exemption or remission of VAT, unless the exemption or remission is excessive, and petitioners have not provided allegation or information regarding excessivity in accordance with 19 C.F.R. 351.517(a). Therefore, we do not plan to investigate this program. 2. Provision of land at less than adequate remuneration in specific regions of Zhejiang Province Petitioners allege that firms in the Ningbo Economic and Technological Development Zone (‘‘ETDZ’’) are eligible to receive reductions or exemptions of the land–use fee and site–developing fee. We do not recommend plan to investigate the provision of land for less than adequate remuneration in Ningbo ETDZ or the reduction in or exemption from site use fees in Ningbo ETDZ, because the petitioners have not provided evidence that any Chinese producers of kitchen shelving or racks are located in Ningbo city, generally, or in the Ningbo EDTZ. F. Currency Manipulation Petitioners allege that the PRC government’s policy of maintaining an undervalued RMB is an export subsidy that provides either a direct transfer of funds or the provision of a good or service at less than adequate remuneration. Petitioners have not sufficiently alleged the elements necessary for the imposition of a countervailing duty and did not support the allegation with reasonably available information. Therefore, we do not plan to investigate the currency manipulation program. Respondent Selection To determine the total and relative volume and value of import data for each potential respondent, the Department normally relies on Customs and Border Protection import data for the POI. However, in the instant proceeding, HTSUS categories that include subject merchandise are very broad, and include products other than products subject to this investigation. Therefore, because of the unique circumstances of this case, the Department will issue ‘‘Quantity and Value Questionnaires’’ to potential respondents for the purposes of respondent selection. The Department will send the quantity and value questionnaire to those PRC companies identified in the July 31, 2008, petition, at Exhibit 3. The responses must be submitted by those exporters/producers that receive a PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 50307 quantity and value questionnaire no later than September 4, 2008. The Department will post the quantity and value questionnaire along with the filing instructions on the Import Administration’s website, at http:// ia.ita.doc.gov/ia–highlights-and– news.html. Distribution of Copies of the Petition In accordance with section 702(b)(4)(A)(i) of the Act, a copy of the public version of the petition has been provided to the Government of the PRC. As soon as and to the extent practicable, we will attempt to provide a copy of the public version of the petition to each exporter named in the petition, consistent with 19 CFR 351.203(c)(2). ITC Notification We have notified the ITC of our initiation, as required by section 702(d) of the Act. Preliminary Determination by the ITC The ITC will preliminarily determine, within 25 days after the date on which it receives notice of the initiation, whether there is a reasonable indication that imports of subsidized kitchen appliance shelving and racks from the PRC are causing material injury, or threatening to cause material injury, to a U.S. industry. See section 703(a)(2) of the Act. A negative ITC determination will result in the investigation being terminated; otherwise, the investigation will proceed according to statutory and regulatory time limits. This notice is issued and published pursuant to section 777(i) of the Act. Dated: August 20, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8–19778 Filed 8–25–08; 8:45 am] Billing Code: 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administation (C–570–940) Certain Tow–Behind Lawn Groomers and Certain Parts Thereof from the People’s Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: August 26, 2008. FOR FURTHER INFORMATION CONTACT: Gene Calvert or Paul Matino, AD/CVD AGENCY: C:\FR\FM\26AUN1.SGM 26AUN1 50308 Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Notices Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 20230; telephone: (202) 482–3586 and (202) 482–4146, respectively. Background On July 14, 2008, the Department of Commerce (the Department) initiated the countervailing duty investigation on certain tow–behind lawn groomers and certain parts thereof (lawn groomers) from the People’s Republic of China (PRC). See Certain Tow–Behind Lawn Groomers and Certain Parts Thereof from the People’s Republic of China: Initiation of Countervailing Duty Investigation, 73 FR 42324 (July 21, 2008). The preliminary determination is currently due no later than September 17, 2008. Postponement of Due Date for Preliminary Determination sroberts on PROD1PC76 with NOTICES On August 8, 2008, Agri–Fab, Inc., petitioner, requested that the Department postpone the preliminary determination in the countervailing duty investigation on lawn groomers from the PRC until November 17, 2008. Under section 703(c)(1)(A) of the Tariff Act of 1930, as amended (the Act), the Department may extend the deadline for the preliminary determination in a countervailing duty investigation until no later than the 130th day1 after the date on which the administering authority initiates an investigation, if the petitioner makes a timely request for an extension of the period within which the determination must be made under section 703(b) of the Act. Pursuant to 19 CFR 351.205(e), petitioner’s request for postponement of the preliminary determination was made 25 days or more before the scheduled date of the preliminary determination. Accordingly, we are extending the due date for the preliminary determination to no later than November 17, 2008. This notice is issued and published pursuant to section 703(c)(2) and of the Act. Dated: August 20, 2008. David M. Spooner, Assistant Secretary For Import Administration. [FR Doc. E8–19777 Filed 8–25–08; 8:45 am] Billing Code: 3510–DS–S 1 In this investigation, the 130th day after the date of initiation is November 21, 2008. 00:53 Aug 26, 2008 Jkt 214001 International Trade Administration Initiation of Antidumping and Countervailing Duty Administrative Reviews Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with July anniversary dates. In accordance with the Department’s regulations, we are initiating those administrative reviews. EFFECTIVE DATE: August 26, 2008 FOR FURTHER INFORMATION CONTACT: Sheila E. Forbes, Office of AD/CVD Operations, Customs Unit, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230, telephone: (202) 482–4697. SUPPLEMENTARY INFORMATION: AGENCY: SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 DEPARTMENT OF COMMERCE Background The Department has received timely requests, in accordance with 19 CFR 351.213(b)(2002), for administrative reviews of various antidumping and countervailing duty orders and findings with July anniversary dates. Respondent Selection In the event the Department limits the number of respondents for individual examination for administrative reviews, the Department intends to select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports during the period of review (POR). We intend to release the CBP data under Administrative Protective Order (APO) to all parties having an APO within five days of publication of this initiation notice and to make our decision regarding respondent selection within 20 days of publication of this Federal Register notice. The Department invites comments regarding the CBP data and respondent selection within 10 calendar days of publication of this Federal Register notice. Separate Rates In proceedings involving non–market economy (‘‘NME’’) countries, the Department begins with a rebuttable presumption that all companies within the country are subject to government control and, thus, should be assigned a single antidumping duty deposit rate. It is the Department’s policy to assign all exporters of merchandise subject to an PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 administrative review in an NME country this single rate unless an exporter can demonstrate that it is sufficiently independent so as to be entitled to a separate rate. To establish whether a firm is sufficiently independent from government control of its export activities to be entitled to a separate rate, the Department analyzes each entity exporting the subject merchandise under a test arising from the Final Determination of Sales at Less Than Fair Value: Sparklers from the People’s Republic of China, 56 FR 20588 (May 6, 1991) (‘‘Sparklers’’), as amplified by Final Determination of Sales at Less Than Fair Value: Silicon Carbide from the People’s Republic of China, 59 FR 22585 (May 2,1994) (‘‘Silicon Carbide’’). In accordance with the separate–rates criteria, the Department assigns separate rates to companies in NME cases only if respondents can demonstrate the absence of both de jure and de facto government control over export activities. All firms listed below that wish to qualify for separate–rate status in the administrative reviews involving NME countries must complete, as appropriate, either a separate–rate application or certification, as described below. For these administrative reviews, in order to demonstrate separate–rate eligibility, the Department requires entities for whom a review was requested, that were assigned a separate rate in the most recent segment of this proceeding in which they participated, to certify that they continue to meet the criteria for obtaining a separate rate. The Separate Rate Certification form will be available on the Department’s website at http://www.trade.gov/ia on the date of publication of this Federal Register. In responding to the certification, please follow the ‘‘Instructions for Filing the Certification’’ in the Separate Rate Certification. Separate Rate Certifications are due to the Department no later than 30 calendar days of publication of this Federal Register notice. The deadline and requirement for submitting a Certification applies equally to NME–owned firms, wholly foreign–owned firms, and foreign sellers who purchase and export subject merchandise to the United States. For entities that have not previously been assigned a separate rate, to demonstrate eligibility for such, the Department requires a Separate Rate Status Application. The Separate Rate Status Application will be available on the Department’s website at http:// www.trade.gov/ia on the date of publication of this Federal Register C:\FR\FM\26AUN1.SGM 26AUN1

Agencies

[Federal Register Volume 73, Number 166 (Tuesday, August 26, 2008)]
[Notices]
[Pages 50307-50308]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19777]


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DEPARTMENT OF COMMERCE

International Trade Administation

(C-570-940)


Certain Tow-Behind Lawn Groomers and Certain Parts Thereof from 
the People's Republic of China: Postponement of Preliminary 
Determination in the Countervailing Duty Investigation

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

EFFECTIVE DATE: August 26, 2008.

FOR FURTHER INFORMATION CONTACT: Gene Calvert or Paul Matino, AD/CVD

[[Page 50308]]

Operations, Office 6, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, D.C. 20230; telephone: (202) 
482-3586 and (202) 482-4146, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 14, 2008, the Department of Commerce (the Department) 
initiated the countervailing duty investigation on certain tow-behind 
lawn groomers and certain parts thereof (lawn groomers) from the 
People's Republic of China (PRC). See Certain Tow-Behind Lawn Groomers 
and Certain Parts Thereof from the People's Republic of China: 
Initiation of Countervailing Duty Investigation, 73 FR 42324 (July 21, 
2008). The preliminary determination is currently due no later than 
September 17, 2008.

Postponement of Due Date for Preliminary Determination

    On August 8, 2008, Agri-Fab, Inc., petitioner, requested that the 
Department postpone the preliminary determination in the countervailing 
duty investigation on lawn groomers from the PRC until November 17, 
2008. Under section 703(c)(1)(A) of the Tariff Act of 1930, as amended 
(the Act), the Department may extend the deadline for the preliminary 
determination in a countervailing duty investigation until no later 
than the 130th day\1\ after the date on which the administering 
authority initiates an investigation, if the petitioner makes a timely 
request for an extension of the period within which the determination 
must be made under section 703(b) of the Act. Pursuant to 19 CFR 
351.205(e), petitioner's request for postponement of the preliminary 
determination was made 25 days or more before the scheduled date of the 
preliminary determination. Accordingly, we are extending the due date 
for the preliminary determination to no later than November 17, 2008.
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    \1\ In this investigation, the 130th day after the date of 
initiation is November 21, 2008.
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    This notice is issued and published pursuant to section 703(c)(2) 
and of the Act.

    Dated: August 20, 2008.
David M. Spooner,
Assistant Secretary For Import Administration.
[FR Doc. E8-19777 Filed 8-25-08; 8:45 am]
Billing Code: 3510-DS-S