Fresh Garlic from the People's Republic of China: Extension of Time Limits for Final Results of the Antidumping Duty Administrative Review and New Shipper Reviews, 8774-8775 [E9-4132]
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Federal Register / Vol. 74, No. 37 / Thursday, February 26, 2009 / Notices
and Urban Development and others rely
on these data to provide the most
current information on the financial
status of state and local governments.
These data are included in the quarterly
estimates of National Income and
Product Accounts developed by the
Bureau of Economic Analysis, and the
Department of Housing and Urban
Development has used the property tax
data as one of nine cost indicators for
developing Section 8 rent adjustments.
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and researchers use these data to
monitor trends in public sector
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comparison among the various states.
These data are also useful in comparing
the mix of taxes employed by individual
states, and in determining the revenue
raising capacity of different types of
taxes in different state-areas.
Affected Public: State, local or tribal
government.
Frequency: Quarterly.
Respondent’s Obligation: Voluntary.
Legal Authority: Title 13 U.S.C.,
Section 182.
OMB Desk Officer: Brian HarrisKojetin, (202) 395–7314.
Copies of the above information
collection proposal can be obtained by
calling or writing Diana Hynek,
Departmental Paperwork Clearance
Officer, (202) 482–0266, Department of
Commerce, Room 7845, 14th and
Constitution Avenue, NW., Washington,
DC 20230 (or via the Internet at
dhynek@doc.gov).
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to Brian Harris-Kojetin, OMB
Desk Officer either by fax (202–395–
7245) or e-mail (bharrisk@omb.eop.gov).
Dated: February 20, 2009.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. E9–4063 Filed 2–25–09; 8:45 am]
BILLING CODE 3510–07–P
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16:56 Feb 25, 2009
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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
Limits for Final Results of the
Antidumping Duty Administrative
Review and New Shipper Reviews
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: February 26, 2009.
FOR FURTHER INFORMATION CONTACT:
Nicholas Czajkowski or Summer Avery,
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) 482–1395 and (202)
482–4052, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 27, 2007, the
Department of Commerce (Department)
published the initiation of an
administrative review of fresh garlic
from the People’s Republic of China.
See Initiation of Antidumping and
Countervailing Duty Administrative
Reviews, 72 FR 73315 (December 27,
2007). On January 2, 2008, the
Department published the initiation of
new shipper reviews of fresh garlic from
the People’s Republic of China. See
Fresh Garlic from the People’s Republic
of China: Initiation of Antidumping
Duty New Shipper Reviews, 73 FR 161
(January 2, 2008). On July 23, 2008, the
Department aligned the new shipper
reviews with the administrative review,
in accordance with 19 CFR 351.214(j).
See Memorandum to All Interested
Parties from the Department Re: The
Alignment of the New Shipper Reviews
with the 13th Antidumping Duty
Administrative Review of Fresh Garlic
from the People’s Republic of China
(July 23, 2008), which is on file in the
Central Records Unit, room 1117 of the
main Commerce building. As such, the
time limits for the new shipper reviews
were aligned with those for the
administrative review. On December 8,
2008, the Department published the
preliminary results of this antidumping
duty administrative review and the new
shipper reviews. See Fresh Garlic from
the People’s Republic of China:
Preliminary Results of the Antidumping
Duty Administrative and New Shipper
Reviews and Intent to Rescind, In Part,
the Antidumping Duty Administrative
and New Shipper Reviews, 73 FR 74462
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Frm 00002
Fmt 4703
Sfmt 4703
(December 8, 2008). The period of
review for this administrative review
and the new shipper reviews is
November 1, 2006 through October 31,
2007. The final results are currently due
on April 7, 2009.
Extension of Time Limits for Final
Results
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (the Act), provides
that the Department will issue the final
results in an administrative review of an
antidumping duty order within 120
days after the date on which the
preliminary results are published.
However, the Department may extend
the deadline for completion of the final
results of an administrative review to
180 days if it determines it is not
practicable to complete the review
within the foregoing time period. See
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(2). Section
751(a)(2)(B)(iv) of the Act and 19 CFR
351.214(i)(2) also provide that the
Department may extend the deadlines in
a new shipper review if we determine
that the case is extraordinarily
complicated.
The Department determines that it is
not practicable to complete the final
results of the aligned administrative
review and new shipper reviews by the
current deadline of April 7, 2009.
Specifically, the Department requires
additional time to conduct sales and
factors of production verifications and
to analyze issues it considers to be
extraordinarily complicated, including,
but not limited to, the bona fides nature
of certain transactions and surrogate
financial ratios. Thus, we are fully
extending the time for completion of the
final results of the administrative review
and new shipper reviews to no later
than June 6, 2009, a Saturday. Where a
statutory deadline falls on a weekend,
federal holiday, or any other day when
the Department is closed, the
Department will continue its
longstanding practice of issuing a
determination on the next business day.
See Notice of Clarification: Application
of ‘‘Next Business Day’’ Rule for
Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As
Amended, 70 FR 24533 (May 10, 2005).
Accordingly, in this instance, the due
date for the final results will now be no
later than June 8, 2009.
This notice is published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act.
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Federal Register / Vol. 74, No. 37 / Thursday, February 26, 2009 / Notices
Dated: February 20, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. E9–4132 Filed 2–25–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–929
Antidumping Duty Order: Small
Diameter Graphite Electrodes from the
People’s Republic of China
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: February 26, 2009.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (the ‘‘Department’’) and the
International Trade Commission
(‘‘ITC’’), the Department is issuing an
antidumping duty order on small
diameter graphite electrodes from the
People’s Republic of China (‘‘PRC’’).
FOR FURTHER INFORMATION CONTACT:
Magd Zalok or Drew Jackson, AD/CVD
Operations, Office 4, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC, 20230;
telephone: (202) 482–4162 and 482–
4406, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d)
and 777(i)(1) of the Tariff Act of 1930,
as amended (the ‘‘Act’’), on January 14,
2009, the Department published the
Final Determination of Sales at Less
Than Fair Value and Affirmative
Determination of Critical
Circumstances: Small Diameter
Graphite Electrodes from the People’s
Republic of China, 74 FR 2049 (January
14, 2009) (‘‘Final Determination’’).
On February 19, 2009, the ITC
notified the Department of its
affirmative final determination of
material injury to a U.S. industry. See
Small Diameter Graphite Electrodes
from China, Investigation No. 731–TA–
1143 (Final), USITC Publication 4062
(February 2009).
Scope of the Order
The merchandise covered by this
order includes all small diameter
graphite electrodes of any length,
whether or not finished, of a kind used
in furnaces, with a nominal or actual
diameter of 400 millimeters (16 inches)
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17:53 Feb 25, 2009
Jkt 217001
or less, and whether or not attached to
a graphite pin joining system or any
other type of joining system or
hardware. The merchandise covered by
this order also includes graphite pin
joining systems for small diameter
graphite electrodes, of any length,
whether or not finished, of a kind used
in furnaces, and whether or not the
graphite pin joining system is attached
to, sold with, or sold separately from,
the small diameter graphite electrode.
Small diameter graphite electrodes and
graphite pin joining systems for small
diameter graphite electrodes are most
commonly used in primary melting,
ladle metallurgy, and specialty furnace
applications in industries including
foundries, smelters, and steel refining
operations. Small diameter graphite
electrodes and graphite pin joining
systems for small diameter graphite
electrodes that are subject to this order
are currently classified under the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) subheading
8545.11.0000. The HTSUS number is
provided for convenience and customs
purposes, but the written description of
the scope is dispositive.
Provisional Measures
Section 733(d) of the Act states that
suspension of liquidation instructions
issued pursuant to an affirmative
preliminary determination may not
remain in effect for more than four
months except where exporters
representing a significant proportion of
exports of the subject merchandise
request the Department to extend that
four–month period to no more than six
months. At the request of exporters that
account for a significant proportion of
small diameter graphite electrodes, we
extended the four–month period to no
more than six months. See Small
Diameter Graphite Electrodes From the
People’s Republic of China: Preliminary
Determination of Sales at Less Than
Fair Value, Postponement of Final
Determination, and Affirmative
Preliminary Determination of Critical
Circumstances, in Part, 73 FR 49408
(August 21, 2008) (‘‘Preliminary
Determination’’). In this investigation,
the six–month period beginning on the
date of the publication of the
Preliminary Determination (i.e., August
21, 2008) ended on February 16, 2009.
Furthermore, section 737 of the Act
states that definitive duties are to begin
on the date of publication of the ITC’s
final injury determination. Therefore, in
accordance with section 733(d) of the
Act, we have instructed U.S. Customs
and Border Protection (‘‘CBP’’) to
terminate suspension of liquidation and
to liquidate without regard to
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8775
antidumping duties (i.e., release all
bonds and refund all cash deposits),
unliquidated entries of small diameter
graphite electrodes from the PRC
entered, or withdrawn from warehouse,
for consumption after February 16,
2009, and before the date of publication
of the ITC’s final injury determination
in the Federal Register. Suspension of
liquidation will continue on or after the
date of publication of the ITC’s final
injury determination in the Federal
Register.
Antidumping Duty Order
On February 19, 2009, in accordance
with section 735(d) of the Act, the ITC
notified the Department of its final
determination, pursuant to section
735(b)(1)(A)(i) of the Act, that an
industry in the United States is
materially injured by reason of less–
than-fair–value imports of subject
merchandise from the PRC. Therefore,
in accordance with section 736(a)(1) of
the Act, the Department will direct CBP
to assess, upon further instruction by
the Department, antidumping duties
equal to the amount by which the
normal value of the merchandise
exceeds the export price of the
merchandise for all relevant entries of
small diameter graphite electrodes from
the PRC. Except for the entries noted
above,1 these antidumping duties will
be assessed on all unliquidated entries
of small graphite electrodes from the
PRC entered, or withdrawn from the
warehouse, for consumption on or after
August 21, 2008, the date on which the
Department published its Preliminary
Determination. See Preliminary
Determination.
The ITC also notified the Department
that it made a negative critical
circumstances determination in this
investigation. Therefore, we will
instruct CBP to lift suspension, release
any bond or other security, and refund
any cash deposit made to secure the
payment of antidumping duties with
respect to entries of the merchandise
entered, or withdrawn from warehouse,
for consumption prior to August 21,
2008 (i.e., during the 90 days prior to
the date of publication of the
Preliminary Determination).
Effective on the date of publication of
the ITC’s final affirmative injury
determination, CBP will require, at the
same time as importers would normally
deposit estimated duties on this
merchandise, a cash deposit equal to the
estimated weighted–average
1 Namely, entries of small diameter graphite
electrodes from the PRC entered, or withdrawn
from warehouse, for consumption after February 16,
2009, and before the date of publication of the ITC’s
final injury determination in the Federal Register.
E:\FR\FM\26FEN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 37 (Thursday, February 26, 2009)]
[Notices]
[Pages 8774-8775]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4132]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Fresh Garlic from the People's Republic of China: Extension of
Time Limits for Final Results of the Antidumping Duty Administrative
Review and New Shipper Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: February 26, 2009.
FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski or Summer Avery,
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-
1395 and (202) 482-4052, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 27, 2007, the Department of Commerce (Department)
published the initiation of an administrative review of fresh garlic
from the People's Republic of China. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 72 FR 73315 (December 27,
2007). On January 2, 2008, the Department published the initiation of
new shipper reviews of fresh garlic from the People's Republic of
China. See Fresh Garlic from the People's Republic of China: Initiation
of Antidumping Duty New Shipper Reviews, 73 FR 161 (January 2, 2008).
On July 23, 2008, the Department aligned the new shipper reviews with
the administrative review, in accordance with 19 CFR 351.214(j). See
Memorandum to All Interested Parties from the Department Re: The
Alignment of the New Shipper Reviews with the 13th Antidumping Duty
Administrative Review of Fresh Garlic from the People's Republic of
China (July 23, 2008), which is on file in the Central Records Unit,
room 1117 of the main Commerce building. As such, the time limits for
the new shipper reviews were aligned with those for the administrative
review. On December 8, 2008, the Department published the preliminary
results of this antidumping duty administrative review and the new
shipper reviews. See Fresh Garlic from the People's Republic of China:
Preliminary Results of the Antidumping Duty Administrative and New
Shipper Reviews and Intent to Rescind, In Part, the Antidumping Duty
Administrative and New Shipper Reviews, 73 FR 74462 (December 8, 2008).
The period of review for this administrative review and the new shipper
reviews is November 1, 2006 through October 31, 2007. The final results
are currently due on April 7, 2009.
Extension of Time Limits for Final Results
Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the
Act), provides that the Department will issue the final results in an
administrative review of an antidumping duty order within 120 days
after the date on which the preliminary results are published. However,
the Department may extend the deadline for completion of the final
results of an administrative review to 180 days if it determines it is
not practicable to complete the review within the foregoing time
period. See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2).
Section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(i)(2) also
provide that the Department may extend the deadlines in a new shipper
review if we determine that the case is extraordinarily complicated.
The Department determines that it is not practicable to complete
the final results of the aligned administrative review and new shipper
reviews by the current deadline of April 7, 2009. Specifically, the
Department requires additional time to conduct sales and factors of
production verifications and to analyze issues it considers to be
extraordinarily complicated, including, but not limited to, the bona
fides nature of certain transactions and surrogate financial ratios.
Thus, we are fully extending the time for completion of the final
results of the administrative review and new shipper reviews to no
later than June 6, 2009, a Saturday. Where a statutory deadline falls
on a weekend, federal holiday, or any other day when the Department is
closed, the Department will continue its longstanding practice of
issuing a determination on the next business day. See Notice of
Clarification: Application of ``Next Business Day'' Rule for
Administrative Determination Deadlines Pursuant to the Tariff Act of
1930, As Amended, 70 FR 24533 (May 10, 2005). Accordingly, in this
instance, the due date for the final results will now be no later than
June 8, 2009.
This notice is published in accordance with sections 751(a)(1) and
777(i)(1) of the Act.
[[Page 8775]]
Dated: February 20, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. E9-4132 Filed 2-25-09; 8:45 am]
BILLING CODE 3510-DS-S
