Export Trade Certificate of Review, 8905-8906 [E9-4225]
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Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Notices
Assistant Secretary for Antidumping
and Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant
Secretary for Import Administration,
dated February 20, 2009 (Decision
Memo), which is hereby adopted by this
notice. The Decision Memo, which is a
public document, is on file in the
Central Records Unit, main Department
of Commerce building, Room 1117, and
is accessible on the Web at https://
ia.ita.doc.gov/frn. The paper copy and
electronic version of the Decision Memo
are identical in content.
Dated: February 20, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Final Results of Changed–
Circumstances Review
[Application No. 08–00009]
[FR Doc. E9–4239 Filed 2–26–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
For the reasons stated in the
Preliminary Results, we continue to find
that AMT is the successor–in-interest to
AST. We will apply this determination
retroactively and will instruct U.S.
Customs and Border Protection (CBP) to
liquidate, without regard to
antidumping duties, all unliquidated
entries entered, or withdrawn from
warehouse, for consumption on or after
August 1, 2006, the date of AST’s name
change to AMT. See Stainless Steel Wire
Rod from Italy: Notice of Final Results
of Changed Circumstances
Antidumping Duty Review, 71 FR
24643, 24644 (April 26, 2006); see also
Certain Hot–Rolled Lead and Bismuth
Carbon Steel Products from the United
Kingdom: Final Results of Changed–
Circumstances Antidumping and
Countervailing Duty Administrative
Review, 64 FR 66880, 66881 (Nov. 30,
1999).
Notification
This notice also serves as a reminder
to parties subject to administrative
protective orders (APOs) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.306. 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 sanctionable
violation.
This notice is published in
accordance with sections 751(b)(1) and
777(i) of the Act and 19 CFR 351.216
and 351.221.
rwilkins on PROD1PC63 with NOTICES2
Appendix
1. Application of the Final Results
Retroactively
ACTION: Notice of Issuance of an Export
Trade Certificate of Review to Golden
Tree Trading Company Application
(Application No. 08–00009).
SUMMARY: On February 18, 2009, the
U.S. Department of Commerce issued an
Export Trade Certificate of Review to
Golden Tree Trading Company
(‘‘GTTC’’). This notice summarizes the
conduct for which certification has been
granted.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Anspacher, Director, Export
Trading Company Affairs, International
Trade Administration, by telephone at
(202) 482–5131 (this is not a toll-free
number) or e-mail at oetca@ita.doc.gov.
SUPPLEMENTARY INFORMATION: Title III of
the Export Trading Company Act of
1982 (15 U.S.C. 4001–21) authorizes the
Secretary of Commerce to issue Export
Trade Certificates of Review. The
regulations implementing Title III are
found at 15 CFR part 325 (2006).
Export Trading Company Affairs
(‘‘ETCA’’) is issuing this notice pursuant
to 15 CFR section 325.6(b), which
requires the Secretary of Commerce to
publish a summary of the certification
in the Federal Register. Under Section
305(a) of the Act and 15 CFR 325.11(a),
any person aggrieved by the Secretary’s
determination may, within 30 days of
the date of this notice, bring an action
in any appropriate district court of the
United States to set aside the
determination on the ground that the
determination is erroneous.
Description of Certified Conduct
GTTC is certified to engage in the
Export Trade Activities and Methods of
Operation described below in the
following Export Trade and Export
Markets.
I. Export Trade
1. Products
All Products.
VerDate Nov<24>2008
16:39 Feb 26, 2009
Jkt 217001
PO 00000
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8905
2. Services
All Services.
3. Technology Rights
Technology rights that relate to
Products and Services, including, but
not limited to, patents, trademarks,
copyrights, and trade secrets.
4. Export Trade Facilitation Services (as
They Relate to the Export of Products,
Services, and Technology Rights)
Export Trade Facilitation Services,
including, but not limited to,
professional services in the areas of
government relations and assistance
with state and federal programs; foreign
trade and business protocol; consulting;
market research and analysis; collection
of information on trade opportunities;
marketing; negotiations; joint ventures;
shipping; export management; export
licensing; advertising; documentation
and services related to compliance with
customs requirements; insurance and
financing; trade show exhibitions;
organizational development;
management and labor strategies;
transfer of technology; transportation
services; and facilitating the formation
of shippers’ associations.
II. Export Markets
The Export Markets include all parts
of the world except the United States
(the fifty states of the United States, the
District of Columbia, the
Commonwealth of Puerto Rico, the
Virgin Islands, American Samoa, Guam,
the Commonwealth of the Northern
Mariana Islands, and the Trust Territory
of the Pacific Islands).
III. Export Trade Activities and Methods
of Operation
1. With respect to the export of
Products and Services, licensing of
Technology Rights and provision of
Export Trade Facilitation Services,
GTTC, subject to the terms and
conditions listed below, may:
a. Provide and/or arrange for the
provisions of Export Trade Facilitation
Services and engage in promotional and
marketing activities;
b. Collect information on trade
opportunities in the Export Markets and
distribute such information to clients;
c. Enter into exclusive and/or nonexclusive licensing and/or sales
agreements with Suppliers for the
export of Products, Services, and/or
Technology Rights to Export Markets;
d. Enter into exclusive and/or nonexclusive agreements with distributors
and/or sales representatives in Export
Markets;
e. Allocate export sales or divide
Export Markets among Suppliers for the
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27FEN1
8906
Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Notices
sale and/or licensing of Products,
Services, and/or Technology Rights;
f. Allocate export orders among
Suppliers;
g. Establish the price of Products,
Services, and/or Technology Rights for
sales and/or licensing in Export
Markets;
h. Negotiate, enter into, and/or
manage licensing agreements for the
export of Technology Rights;
i. Enter into contracts for shipping to
Export Markets; and
j. Refuse to provide Export Trade
Facilitation Services to customers in any
Export Market or Markets.
2. GTTC may exchange information
with individual Suppliers on a one-toone basis regarding that Supplier’s
inventories and near-term production
schedules in order that the availability
of Products for export can be
determined and effectively coordinated
by GTTC with its distributors in Export
Markets.
IV. Terms and Conditions
1. In engaging in Export Trade
Activities and Methods of Operation,
GTTC will not intentionally disclose,
directly or indirectly, to any Supplier
any information about any other
Supplier’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. GTTC will comply with requests
made by the Secretary of Commerce on
behalf of the Secretary 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 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
rwilkins on PROD1PC63 with NOTICES2
IX. Disclaimers
1. The issuance of this Certificate of
Review to GTTC 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 GTTC or (b) the
legality of such business plans of GTTC
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 this 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 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: February 24, 2009.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E9–4225 Filed 2–26–09; 8:45 am]
BILLING CODE 3510–DR–P
A–570–890
This Certificate protects GTTC 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
Jkt 217001
VIII. Other Conduct
Nothing in this Certificate prohibits
GTTC from engaging in conduct not
specified in this Certificate, but such
conduct is subject to the normal
application of the antitrust laws.
International Trade Administration
VI. Protection Provided by Certificate
16:39 Feb 26, 2009
VII. Effective Period of Certificate
This Certificate continues in effect
from the date indicated below until it is
relinquished, modified, or revoked as
provided in the Act and the Regulations.
DEPARTMENT OF COMMERCE
‘‘Supplier’’ means a person who
produces, provides, or sells Products,
Services and/or Technology Rights.
VerDate Nov<24>2008
compliance with its terms and
conditions.
Wooden Bedroom Furniture from the
People’s Republic of China: Extension
of Time for the Preliminary Results of
the New Shipper Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: February 27, 2009.
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Sfmt 4703
FOR FURTHER INFORMATION CONTACT: Paul
Stolz, AD/CVD Operations, Office 8,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW, Washington,
DC 20230; telephone: (202) 482–4474.
SUPPLEMENTARY INFORMATION:
Background
On September 9, 2008, the
Department of Commerce (‘‘the
Department’’) published in the Federal
Register a notice of initiation of a new
shipper review for shipments of wooden
bedroom furniture from the People’s
Republic of China (‘‘PRC’’) produced
and exported by Shanghai Fangjia
Industry Co., Ltd. (‘‘Shanghai Fangjia’’).
See Wooden Bedroom Furniture From
the People’s Republic of China:
Initiation of New Shipper Review, 73 FR
52296 (September 9, 2008). The
preliminary results of review are
currently due no later than February 23,
2009.
Statutory Time Limits
Section 751(a)(2)(B)(iv) of the Tariff
Act of 1930, as amended (‘‘the Act’’),
provides that the Department will issue
the preliminary results of a new shipper
review of an antidumping duty order
within 180 days after the day on which
the review was initiated. See also 19
CFR 351.214(i)(1). The Act further
provides that the Department may
extend that 180-day period to 300 days
if it determines that the case is
extraordinarily complicated. See section
751(a)(2)(B)(iv) and 19 CFR 351.214
(i)(2).
Extension of Time Limit for Preliminary
Results
The Department determines that this
new shipper review involves
extraordinarily complicated
methodological issues, pertaining to the
calculation of factors of production and
the evaluation of the bona fide nature of
Shanghai Fangjia’s sales. Therefore, in
accordance with section 751(a)(2)(B)(iv)
of the Act and 19 CFR 351.214(i)(2), the
Department is extending the time limit
for these preliminary results by 120
days, until no later than June 22, 2009.
The final results continue to be due 90
days after the publication of the
preliminary results.
We are issuing and publishing this
notice in accordance with sections
751(a)(2)(B)(iv) and 777(i) of the Act.
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Agencies
[Federal Register Volume 74, Number 38 (Friday, February 27, 2009)]
[Notices]
[Pages 8905-8906]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4225]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 08-00009]
Export Trade Certificate of Review
ACTION: Notice of Issuance of an Export Trade Certificate of Review to
Golden Tree Trading Company Application (Application No. 08-00009).
-----------------------------------------------------------------------
SUMMARY: On February 18, 2009, the U.S. Department of Commerce issued
an Export Trade Certificate of Review to Golden Tree Trading Company
(``GTTC''). This notice summarizes the conduct for which certification
has been granted.
FOR FURTHER INFORMATION CONTACT: Jeffrey Anspacher, Director, Export
Trading Company Affairs, International Trade Administration, by
telephone at (202) 482-5131 (this is not a toll-free number) or e-mail
at oetca@ita.doc.gov.
SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act
of 1982 (15 U.S.C. 4001-21) authorizes the Secretary of Commerce to
issue Export Trade Certificates of Review. The regulations implementing
Title III are found at 15 CFR part 325 (2006).
Export Trading Company Affairs (``ETCA'') is issuing this notice
pursuant to 15 CFR section 325.6(b), which requires the Secretary of
Commerce to publish a summary of the certification in the Federal
Register. Under Section 305(a) of the Act and 15 CFR 325.11(a), any
person aggrieved by the Secretary's determination may, within 30 days
of the date of this notice, bring an action in any appropriate district
court of the United States to set aside the determination on the ground
that the determination is erroneous.
Description of Certified Conduct
GTTC is certified to engage in the Export Trade Activities and
Methods of Operation described below in the following Export Trade and
Export Markets.
I. Export Trade
1. Products
All Products.
2. Services
All Services.
3. Technology Rights
Technology rights that relate to Products and Services, including,
but not limited to, patents, trademarks, copyrights, and trade secrets.
4. Export Trade Facilitation Services (as They Relate to the Export of
Products, Services, and Technology Rights)
Export Trade Facilitation Services, including, but not limited to,
professional services in the areas of government relations and
assistance with state and federal programs; foreign trade and business
protocol; consulting; market research and analysis; collection of
information on trade opportunities; marketing; negotiations; joint
ventures; shipping; export management; export licensing; advertising;
documentation and services related to compliance with customs
requirements; insurance and financing; trade show exhibitions;
organizational development; management and labor strategies; transfer
of technology; transportation services; and facilitating the formation
of shippers' associations.
II. Export Markets
The Export Markets include all parts of the world except the United
States (the fifty states of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American
Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the
Trust Territory of the Pacific Islands).
III. Export Trade Activities and Methods of Operation
1. With respect to the export of Products and Services, licensing
of Technology Rights and provision of Export Trade Facilitation
Services, GTTC, subject to the terms and conditions listed below, may:
a. Provide and/or arrange for the provisions of Export Trade
Facilitation Services and engage in promotional and marketing
activities;
b. Collect information on trade opportunities in the Export Markets
and distribute such information to clients;
c. Enter into exclusive and/or non-exclusive licensing and/or sales
agreements with Suppliers for the export of Products, Services, and/or
Technology Rights to Export Markets;
d. Enter into exclusive and/or non-exclusive agreements with
distributors and/or sales representatives in Export Markets;
e. Allocate export sales or divide Export Markets among Suppliers
for the
[[Page 8906]]
sale and/or licensing of Products, Services, and/or Technology Rights;
f. Allocate export orders among Suppliers;
g. Establish the price of Products, Services, and/or Technology
Rights for sales and/or licensing in Export Markets;
h. Negotiate, enter into, and/or manage licensing agreements for
the export of Technology Rights;
i. Enter into contracts for shipping to Export Markets; and
j. Refuse to provide Export Trade Facilitation Services to
customers in any Export Market or Markets.
2. GTTC may exchange information with individual Suppliers on a
one-to-one basis regarding that Supplier's inventories and near-term
production schedules in order that the availability of Products for
export can be determined and effectively coordinated by GTTC with its
distributors in Export Markets.
IV. Terms and Conditions
1. In engaging in Export Trade Activities and Methods of Operation,
GTTC will not intentionally disclose, directly or indirectly, to any
Supplier any information about any other Supplier'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. GTTC will comply with requests made by the Secretary of Commerce
on behalf of the Secretary 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 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
``Supplier'' means a person who produces, provides, or sells
Products, Services and/or Technology Rights.
VI. Protection Provided by Certificate
This Certificate protects GTTC 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
This Certificate continues in effect from the date indicated below
until it is relinquished, modified, or revoked as provided in the Act
and the Regulations.
VIII. Other Conduct
Nothing in this Certificate prohibits GTTC from engaging in conduct
not specified in this Certificate, but such conduct is subject to the
normal application of the antitrust laws.
IX. Disclaimers
1. The issuance of this Certificate of Review to GTTC 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 GTTC or (b) the legality of such business plans
of GTTC 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 this 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 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: February 24, 2009.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E9-4225 Filed 2-26-09; 8:45 am]
BILLING CODE 3510-DR-P