Initiation of Antidumping and Countervailing Duty Administrative Reviews, 25711-25715 [E9-12571]
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Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices
14. Northern islands remote fishing
station project;
15. Village based aquaculture project;
16. Charter fishing economic impact
study;
17. Bycatch interaction report;
18. Subsistence and recreational
harvest monitoring system;
19. Recreational and subsistence
fishing economic impact and use study;
20. Foreign fishery management
measures;
21. Vessel pollution prevention
education program; and
22. Foreign fishing revenue for the
Puerto Rico dump cleanup.
This notice announces that NMFS has
determined that the amended MCP for
the Northern Mariana Islands satisfies
the requirements of the MagnusonStevens Act and has approved the
amended MCP for the three-year period
October 6, 2008, through October 6,
2011.
Dated: May 22, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E9–12553 Filed 5–28–09; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
International Trade Administration
mstockstill on PROD1PC66 with NOTICES
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
has received requests to conduct
administrative reviews of various
antidumping and countervailing duty
orders and findings with April
anniversary dates. In accordance with
the Department’s regulations, we are
initiating those administrative reviews.
DATES: Effective Date: May 29, 2009.
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:
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 April anniversary dates.
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Under 19 CFR 351.213(d)(3), the
Department may rescind a review where
there are no exports, sales, or entries of
subject merchandise during the
respective period of review (POR) listed
below. If a producer or exporter named
in this initiation notice had no exports,
sales, or entries during the POR, it
should notify the Department within 30
days of publication of this notice in the
Federal Register. The Department will
consider rescinding the review only if
the producer or exporter, as appropriate,
submits a properly filed and timely
statement certifying that it had no
exports, sales, or entries of subject
merchandise during the POR. All
submissions must be made in
accordance with 19 CFR 351.303 and
are subject to verification in accordance
with section 782(i) of the Tariff Act of
1930, as amended (the Act). Six copies
of the submission should be submitted
to the Assistant Secretary for Import
Administration, International Trade
Administration, Room 1870, U.S.
Department of Commerce, 14th Street
and Constitution Avenue, NW.,
Washington, DC 20230. Further, in
accordance with 19 CFR 351.303(f)(1)(i),
a copy of each request must be served
on every party on the Department’s
service list.
Respondent Selection
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews
VerDate Nov<24>2008
Notice of No Sales
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 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
administrative review in an NME
country this single rate unless an
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25711
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), 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). 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 Web site
at https://ia.ita.doc.gov/nme/nme-seprate.html on the date of publication of
this Federal Register notice. 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 after
publication of this Federal Register
notice. The deadline and requirement
for submitting a Certification apply
equally to NME-owned firms, wholly
foreign-owned firms, and foreign sellers
who purchase and export subject
merchandise to the United States.
Entities that currently do not have a
separate rate from a completed segment
of the proceeding 1 should timely file a
1 Such entities include entities that have not
participated in the proceeding, entities that were
preliminarily granted a separate rate in any
currently incomplete segment of the proceeding
(e.g., an ongoing administrative review, new
shipper review, etc.) and entities that lost their
separate rate in the most recently complete segment
of the proceeding in which they participated.
E:\FR\FM\29MYN1.SGM
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Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices
Separate Rate Application to
demonstrate eligibility for a separate
rate in this proceeding. In addition,
companies that received a separate rate
in a completed segment of the
proceeding that have subsequently
made changes, including, but not
limited to, changes to corporate
structure, acquisitions of new
companies or facilities, or changes to
their official company name,2 should
timely file a Separate Rate Application
to demonstrate eligibility for a separate
rate in this proceeding. The Separate
Rate Application will be available on
the Department’s Web site at https://
ia.ita.doc.gov/nme/nme-sep-rate.html
on the date of publication of this
Federal Register notice. In responding
to the Separate Rate Application, refer
to the instructions contained in the
application. Separate Rate Applications
are due to the Department no later than
60 calendar days of publication of this
Federal Register notice. The deadline
and requirement for submitting a
Separate Rate Application applies
equally to NME-owned firms, wholly
foreign-owned firms, and foreign sellers
that purchase and export subject
merchandise to the United States.
Initiation of Reviews
In accordance with section 19 CFR
351.221(c)(1)(i), we are initiating
administrative reviews of the following
antidumping and countervailing duty
orders and findings. We intend to issue
the final results of these reviews not
later than April 30, 2010.
Period to be reviewed
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Antidumping Duty Proceedings
Russia: Magnesium Metal, A–821–819 ...............................................................................................................................
PSC VSMPO–AVISMA Corporation Solikamsk Magnesium Works
The People’s Republic of China:
Certain Activated Carbon 3 A–570–904 .......................................................................................................................
Actview Carbon Technology Co., Ltd.
Alashan Yongtai Activated Carbon Co., Ltd.
Anhui Hengyuan Trade Co., Ltd.
Baoding Activated Carbon Factory
Beijing Broad Activated Carbon Co., Ltd.
Beijing Haijian Jiechang Environmental Protection Chemicals
Beijing Hibridge Trading Co., Ltd.
Beijing Huapeng Environment Protection Materials
Beijing Pacific Activated Carbon Products Co., Ltd.
Benbu Jiutong Trade Co., Ltd.
Calgon Carbon (Tianjin) Co., Ltd.
Changji Hongke Activated Carbon Co., Ltd.
Chengde Jiayu Activated Carbon Factory
Cherishmet Incorporated
China National Building Materials and Equipment Import Export Corp.
China National Nuclear General Company Ningxia Activated Carbon Factory
China Nuclear Ningxia Activated Carbon Plant
Da Neng Zheng Da Activated Carbon Co., Ltd.
Datong Carbon Corporation
Datong Changtai Activated Carbon Co., Ltd.
Datong City Zouyun County Activated Carbon Co., Ltd.
Datong Fenghua Activated Carbon
Datong Forward Activated Carbon Co., Ltd.
Datong Fuping Activated Carbon Co., Ltd.
Datong Guanghua Activated Carbon Co., Ltd.
Datong Hongji Coal Industry
Datong Hongtai Activated Carbon Co., Ltd.
Datong Huanqing Activated Carbon Co., Ltd.
Datong Huaxin Activated Carbon
Datong Huibao Active Carbon
Datong Huibao Activated Carbon Co., Ltd.
Datong Huiyuan Cooperative Activated Carbon Plant
Datong Juqiang Activated Carbon Co., Ltd.
Datong Kaneng Carbon Co. Ltd.
Datong Kangda Activated Carbon Factory
Datong Locomotive Coal & Chemicals Co., Ltd.
Datong Municipal Yunguang Activated Carbon Co., Ltd.
Datong Runmei Activated Carbon Factory
Datong Tianzhao Activated Carbon Co., Ltd.
DaTong Tri-Star & Power Carbon Plant
Datong Weidu Activated Carbon Co., Ltd.
Datong Xuanyang Activated Carbon Co. Ltd.
Datong Yunguang Chemicals Plant
Datong Zuoyun Biyun Activated Carbon Co., Ltd.
Datong Zuoyun Fu Ping Activated Carbon Plant
Dezhou Jiayu Activated Carbon Factory
Dongguan Baofu Activated Carbon
Dushanzi Chemical Factory
Fangyuan Carbonization Co., Ltd.
2 Only changes to the official company name,
rather than trade names, need to be addressed via
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17:24 May 28, 2009
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a Separate Rate Application. Information regarding
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4/1/08–3/31/09
new trade names may be submitted via a Separate
Rate Certification.
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Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices
25713
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Period to be reviewed
Fu Yuan Activated Carbon Co., Ltd.
Fujian Jianyang Carbon Plant
Fujian Nanping Yuanli Activated Carbon
Fuzhou Taking Chemical
Fuzhou Yihuan Carbon
Great Bright Industrial
Hangzhou Hengxing Activated Carbon
Hangzhou Linan Tianbo Material
Hebei Foreign Trade and Advertising Corporation
Hebei Shenglun Import & Export Group Company
Hegongye Ninxia Activated Carbon Factory
Heilongjiang Provincial Hechang Imp. & Exp. Co., Ltd.
Hongke Activated Carbon Co., Ltd.
Huaibei Environment Protection Material Plant
Huairen Jinbei Chemical Co., Ltd.
Huairen Huanyi Purifying Material
Huaiyushan Activated Carbon Tec & Sec (Zhuhai) Co., Ltd.
Huahui Activated Carbon Company Ltd.
Huatai Activated Carbon
Huaxin Active Carbon Plant
Huzhou Zhonglin Activated Carbon
Hz Hengxing Activated Carbon Co.
Inner Mongolia Taixi Coal Chemical Industry Limited Company
Itigi Corp. Ltd.
J&D Activated Carbon Filter Co., Ltd.
Jacobi Carbons AB
Jiangle County Xinhua Activated Carbon Co., Ltd.
Jiangxi Hansom Import Export Co.
Jiangxi Huaiyushan Activated Carbon
Jiangxi Jinma Carbon
Jianou Zhixing Activated Carbon
Jiaocheng Xinxin Purification Material Co., Ltd.
Jilin Bright Future Chemicals Company, Ltd.
Jilin Goodwill Activated Carbon Plant
Jilin Province Bright Future Industry and Commerce Co., Ltd.
Jing Mao (Dongguan) Activated Carbon Co., Ltd.
Jx Huaiyushan Activated Carbon Group Co.
Jx Huaiyushan Suntar Active Carbon
Kaihua Xingda Chemical Co., Ltd.
Kaihua Xinghua Chemical Plant
Kemflo (Nanjing) Environmental Tech
Kunshan Actview Carbon Technology
Langfang Winfield Filtration Co.
Link Link Shipping Limited
Longyan Wanan Activated Carbon
Mindong Lianyi Group
Nanjing Mulinsen Charcoal
Nantong Ameriasia Advanced Activated Carbon Product Co., Ltd.
Ningxia Baota Active Carbon Plant
Ningxia Baota Activated Carbon Co., Ltd.
Ningxia Blue-White-Black Activated Carbon
Ningxia Fengyuan Activated Carbon Co., Ltd.
Ningxia Guanghua A/C Co., Ltd.
Ningxia Guanghua Activated Carbon Co., Ltd.
Ningxia Guanghua Chemical Activated Carbon Co., Ltd.
Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd.
Ningxia Haoqing Activated Carbon Co., Ltd.
Ningxia Henghui Activated Carbon
Ningxia Honghua Carbon Industrial Corporation
Ningxia Huahui Activated Carbon Co., Ltd.
Ningxia Huinong Xingsheng Activated Carbon Co., Ltd.
Ningxia Jirui Activated Carbon
Ningxia Lingzhou Foreign Trade Co., Ltd.
Ningxia Luyuangheng Activated Carbon Co., Ltd.
Ningxia Mineral & Chemical Limited
Ningxia Pingluo County Yaofu Activated Carbon Plant
Ningxia Pingluo County Yaofu Activated Carbon Factory
Ningxia Pingluo Xuanzhong Activated Carbon Co., Ltd.
Ningxia Pingluo Yaofu Activated Carbon Factory
Ningxia Taixi Activated Carbon
Ningxia Tianfu Activated Carbon Co., Ltd.
Ningxia Tongfu Coking Co., Ltd.
Ningxia Weining Active Carbon Co., Ltd.
Ningxia Xingsheng Coal and Active Carbon Co., Ltd.
VerDate Nov<24>2008
17:24 May 28, 2009
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Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices
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Period to be reviewed
Ningxia Xingsheng Coke and Activated Carbon
Ningxia Yinchuan Lanqiya Activated Carbon Co., Ltd.
Ningxia Yirong Alloy Iron Co., Ltd.
Ningxia Zhengyuan Activated
Nuclear Ningxia Activated Carbon Co., Ltd.
OEC Logistic Qingdao Co., Ltd.
Panshan Import and Export Corporation
Pingluo Xuanzhong Activated Carbon Co., Ltd.
Pingluo Yu Yang Activated Carbon Co., Ltd.
Shanghai Activated Carbon Co. Ltd.
Shanghai Coking and Chemical Corporation
Shanghai Goldenbridge International
Shanghai Jiayu International Trading Co. Ltd.
Shanghai Jinhu Activated Carbon
Shanghai Mebao Activated Carbon
Shanhai Xingchang Activated Carbon
Shanxi Blue Sky Purification Material Co., Ltd.
Shanxi DMD Corporation
Shanxi Industry Technology Trading Co., Ltd.
Shanxi Newtime Co., Ltd.
Shanxi Qixian Foreign Trade Corporation
Shanxi Qixian Hongkai Active Carbon Goods
Shanxi Sincere Industrial Co., Ltd.
Shanxi Supply and Marketing Cooperative
Shanxi Tianli Ruihai Enterprise Co.
Shanxi Xiaoyi Huanyu Chemicals Co., Ltd.
Shanxi Xinhua Activated Carbon Co., Ltd.
Shanxi Xinhua Chemical Co., Ltd.
Shanxi Xinhua Chemical Factory
Shanxi Xinhua Protective Equipment
Shanxi Xinshidai Imp. Exp. Co., Ltd.
Shanxi Xuanzhong Chemical Industry Co., Ltd.
Shanxi Zuoyun Yunpeng Coal Chemistry
Shenzhen Sihaiweilong Technology Co.
Sincere Carbon Industrial Co., Ltd.
Taining Jinhu Carbon
Tangshan Solid Carbon Co., Ltd.
Tianchang (Tianjin) Activated Carbon
Tianjin Jacobi International Trading Co. Ltd.
Tianjin Maijin Industries Co., Ltd.
Tonghua Bright Future Activated Carbon Plant
Tonghua Xinpeng Activated Carbon Factory
United Manufacturing International (Beijing) Ltd.
Valqua Seal Products (Shanghai) Co
Wellink Chemical Industry
Xi Li Activated Carbon Co., Ltd.
Xi’an Shuntong International Trade & Industrials Co., Ltd.
Xiamen All Carbon Corporation
Xingan County Shenxin Activated Carbon Factory
Xingtai Coal Chemical Co., Ltd.
Xinhua Chemical Company Ltd.
Xinyuan Carbon
Xuanzhong Chemical Industry
Yangyuan Hengchang Active Carbon
Yicheng Logistics
Yinchuan Lanqiya Activated Carbon Co., Ltd.
Yinyuan Carbon
YunGuan Chemical Factory
Yuanguang Activated Carbon Co., Ltd.
Yuyang Activated Carbon Co., Ltd.
Zhejiang Quizhou Zhongsen Carbon
Zhejiang Yun He Tang Co., Ltd.
Zhuxi Activated Carbon
Zuoyun Bright Future Activated Carbon Plant
Magnesium Metal 4 A–570–896 ...................................................................................................................................
Tianjin Magnesium International Co., Ltd.
Non-Malleable Cast Iron Pipe Fittings 5 A–570–875 ....................................................................................................
NEP Tianjin Machinery Company
4/1/08–3/31/09
4/1/08–3/31/09
3 If one of the above named companies does not qualify for a separate rate, all other exporters of certain activated carbon from the People’s
Republic of China who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which
the named exporters are a part.
4 If the above named company does not qualify for a separate rate, all other exporters of magnesium metal from the People’s Republic of
China who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named
exporters are a part.
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17:24 May 28, 2009
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Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices
25715
5 If the above named company does not qualify for a separate rate, all other exporters of non-malleable cast iron pipe fittings from the People’s
Republic of China who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which
the named exporters are a part.
Countervailing Duty Proceeding
DEPARTMENT OF COMMERCE
None.
National Oceanic and Atmospheric
Administration
Suspension Agreements
mstockstill on PROD1PC66 with NOTICES
None.
During any administrative review
covering all or part of a period falling
between the first and second or third
and fourth anniversary of the
publication of an antidumping duty
order under 19 CFR 351.211 or a
determination under 19 CFR
351.218(f)(4) to continue an order or
suspended investigation (after sunset
review), the Secretary, if requested by a
domestic interested party within 30
days of the date of publication of the
notice of initiation of the review, will
determine, consistent with FAG Italia v.
United States, 291 F.3d 806 (Fed. Cir.
2002), as appropriate, whether
antidumping duties have been absorbed
by an exporter or producer subject to the
review if the subject merchandise is
sold in the United States through an
importer that is affiliated with such
exporter or producer. The request must
include the name(s) of the exporter or
producer for which the inquiry is
requested.
Interested parties must submit
applications for disclosure under
administrative protective orders in
accordance with 19 CFR 351.305. On
January 22, 2008, the Department
published Antidumping and
Countervailing Duty Proceedings:
Documents Submission Procedures;
APO Procedures (73 FR 3634). Those
procedures apply to administrative
reviews included in this notice of
initiation. Parties wishing to participate
in any of these administrative reviews
should ensure that they meet the
requirements of these procedures (e.g.,
the filing of separate letters of
appearance as discussed at 19 CFR
351.103(d)).
These initiations and this notice are
in accordance with section 751(a) of the
Tariff Act of 1930, as amended (19
U.S.C. 1675(a)), and 19 CFR
351.221(c)(1)(i).
Dated: May 22, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. E9–12571 Filed 5–28–09; 8:45 am]
BILLING CODE 3510–DS–P
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RIN 0648–XP55
Western Pacific Fishery Management
Council; Public Meetings
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meetings and
hearings.
SUMMARY: The Western Pacific Fishery
Management Council (Council) will
hold meetings of its Marianas Advisory
Panel (AP), Plan Team (PT),
Commonwealth of the Northern Mariana
Islands (CNMI) Archipelago Fishery
Ecosystem Plan Regional Ecosystem
Advisory Committee (REAC), and Guam
REAC which may make
recommendations on fishery
management issues in the Western
Pacific Region.
DATES: The Marianas Archipelago AP
Meeting will be held on June 13, 2009,
the Marianas Archipelago PT Meeting
will be held on June 15, 2009, and the
CNMI REAC will be held on June 16,
2009. All of these meetings will be held
in Saipan, CNMI. The Guam REAC will
be held on June 18, 2009 in Guam. For
specific times and agendas, see
SUPPLEMENTARY INFORMATION.
ADDRESSES: The Marianas Archipelago
AP, Marianas Archipelago PT and CNMI
REAC will be held at the Fiesta Resort
and Spa, Coral Reef Avenue, Saipan,
CNMI; telephone: (670) 234–6412. The
Guam REAC will be held at the Guam
Hilton Resort and Spa, 202 Hilton Road,
Tumon Bay, Guam; telephone: (671)
646–1835.
FOR FURTHER INFORMATION CONTACT:
Kitty M. Simonds, Executive Director;
telephone: (808) 522–8220.
SUPPLEMENTARY INFORMATION: In
addition to the agenda items listed here,
the AP, PT, and REACs may receive
reports and make recommendations on
emerging fishery issues in the Marianas
Archipelago. Public comment periods
will be provided in the agendas. The
order in which agenda items are
addressed may change. The meetings
will run as late as necessary to complete
scheduled business.
Schedule and Agenda for Marianas AP
Meeting:
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9:00 a.m.—5:00 p.m. Saturday, June 13,
2009
1. Welcome and Introductions of
Members
2. Introduction to the Council and
Magnuson Stevens Act
3. Status Report on 2008 Advisory
Panel Recommendations
4. Emerging Fishery Issues
5. Synopsis of Upcoming 145th
Council Meeting Actions
A. Management Options for Pacific
National Marine Monuments
i. Non-commercial Fishing Definitions
ii. Management Measures for Noncommercial Fishing
iii. Management Measures for
Commercial Fishing
B. Report on Marianas Risk-ranking
Exercise and Annual Catch Limits
6. Update on Fishery Management
Actions
A. CNMI Bottomfish Regulations and
Compliance
B. Update on Cooperative Research
Process and Programs
7. Ecosystem Issues
A. Military Activities in the Marianas
Archipelago
i. Process for Notification of Training
Exercise Areas
ii. Area Restrictions Around Military
Instillations
iii. Dredging and Dumping Activities
B. Update on the Status of the
Micronesian Challenge in CNMI
C. Plans to Address Non-point Source
Pollution
D. Report on Longline Efforts in CNMI
8. Community Issues
A. Report on Marianas Archipelago
Lunar Calendar
B. Guam Seasonal Fishing
Exemptions
C. CNMI Traditional Fishing
Exemptions
D. Report on the Marine Education
and Training Program
E. Report on the Community
Development Plan and Community
Demonstration Projects Program
9. Other Business
10. Public Comment
11. Discussion and Recommendations
Schedule and Agenda for Marianas
Archipelago PT Meeting:
9:00 a.m.—5:00 p.m., Monday, June 15,
2009
1. Welcome and Introductions
2. Status of 2008 Marianas
Archipelago PT Recommendations
3. Synopsis of Upcoming 145th
Council Meeting Actions
A. Management Options for Pacific
National Marine Monuments
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Agencies
[Federal Register Volume 74, Number 102 (Friday, May 29, 2009)]
[Notices]
[Pages 25711-25715]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12571]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and Countervailing Duty Administrative
Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce has received requests to conduct
administrative reviews of various antidumping and countervailing duty
orders and findings with April anniversary dates. In accordance with
the Department's regulations, we are initiating those administrative
reviews.
DATES: Effective Date: May 29, 2009.
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:
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 April anniversary
dates.
Notice of No Sales
Under 19 CFR 351.213(d)(3), the Department may rescind a review
where there are no exports, sales, or entries of subject merchandise
during the respective period of review (POR) listed below. If a
producer or exporter named in this initiation notice had no exports,
sales, or entries during the POR, it should notify the Department
within 30 days of publication of this notice in the Federal Register.
The Department will consider rescinding the review only if the producer
or exporter, as appropriate, submits a properly filed and timely
statement certifying that it had no exports, sales, or entries of
subject merchandise during the POR. All submissions must be made in
accordance with 19 CFR 351.303 and are subject to verification in
accordance with section 782(i) of the Tariff Act of 1930, as amended
(the Act). Six copies of the submission should be submitted to the
Assistant Secretary for Import Administration, International Trade
Administration, Room 1870, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230. Further, in accordance
with 19 CFR 351.303(f)(1)(i), a copy of each request must be served on
every party on the Department's service list.
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 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 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), 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). 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 Web site at https://ia.ita.doc.gov/nme/nme-sep-rate.html on the date of publication of this Federal Register
notice. 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 after publication of this Federal
Register notice. The deadline and requirement for submitting a
Certification apply equally to NME-owned firms, wholly foreign-owned
firms, and foreign sellers who purchase and export subject merchandise
to the United States.
Entities that currently do not have a separate rate from a
completed segment of the proceeding \1\ should timely file a
[[Page 25712]]
Separate Rate Application to demonstrate eligibility for a separate
rate in this proceeding. In addition, companies that received a
separate rate in a completed segment of the proceeding that have
subsequently made changes, including, but not limited to, changes to
corporate structure, acquisitions of new companies or facilities, or
changes to their official company name,\2\ should timely file a
Separate Rate Application to demonstrate eligibility for a separate
rate in this proceeding. The Separate Rate Application will be
available on the Department's Web site at https://ia.ita.doc.gov/nme/nme-sep-rate.html on the date of publication of this Federal Register
notice. In responding to the Separate Rate Application, refer to the
instructions contained in the application. Separate Rate Applications
are due to the Department no later than 60 calendar days of publication
of this Federal Register notice. The deadline and requirement for
submitting a Separate Rate Application applies equally to NME-owned
firms, wholly foreign-owned firms, and foreign sellers that purchase
and export subject merchandise to the United States.
---------------------------------------------------------------------------
\1\ Such entities include entities that have not participated in
the proceeding, entities that were preliminarily granted a separate
rate in any currently incomplete segment of the proceeding (e.g., an
ongoing administrative review, new shipper review, etc.) and
entities that lost their separate rate in the most recently complete
segment of the proceeding in which they participated.
\2\ Only changes to the official company name, rather than trade
names, need to be addressed via a Separate Rate Application.
Information regarding new trade names may be submitted via a
Separate Rate Certification.
---------------------------------------------------------------------------
Initiation of Reviews
In accordance with section 19 CFR 351.221(c)(1)(i), we are
initiating administrative reviews of the following antidumping and
countervailing duty orders and findings. We intend to issue the final
results of these reviews not later than April 30, 2010.
------------------------------------------------------------------------
Period to be reviewed
------------------------------------------------------------------------
Antidumping Duty Proceedings
------------------------------------------------------------------------
Russia: Magnesium Metal, A-821-819............. 4/1/08-3/31/09
PSC VSMPO-AVISMA Corporation Solikamsk
Magnesium Works
The People's Republic of China:
Certain Activated Carbon \3\ A-570-904..... 4/1/08-3/31/09
Actview Carbon Technology Co., Ltd.
Alashan Yongtai Activated Carbon Co.,
Ltd.
Anhui Hengyuan Trade Co., Ltd.
Baoding Activated Carbon Factory
Beijing Broad Activated Carbon Co.,
Ltd.
Beijing Haijian Jiechang Environmental
Protection Chemicals
Beijing Hibridge Trading Co., Ltd.
Beijing Huapeng Environment Protection
Materials
Beijing Pacific Activated Carbon
Products Co., Ltd.
Benbu Jiutong Trade Co., Ltd.
Calgon Carbon (Tianjin) Co., Ltd.
Changji Hongke Activated Carbon Co.,
Ltd.
Chengde Jiayu Activated Carbon Factory
Cherishmet Incorporated
China National Building Materials and
Equipment Import Export Corp.
China National Nuclear General Company
Ningxia Activated Carbon Factory
China Nuclear Ningxia Activated Carbon
Plant
Da Neng Zheng Da Activated Carbon Co.,
Ltd.
Datong Carbon Corporation
Datong Changtai Activated Carbon Co.,
Ltd.
Datong City Zouyun County Activated
Carbon Co., Ltd.
Datong Fenghua Activated Carbon
Datong Forward Activated Carbon Co.,
Ltd.
Datong Fuping Activated Carbon Co.,
Ltd.
Datong Guanghua Activated Carbon Co.,
Ltd.
Datong Hongji Coal Industry
Datong Hongtai Activated Carbon Co.,
Ltd.
Datong Huanqing Activated Carbon Co.,
Ltd.
Datong Huaxin Activated Carbon
Datong Huibao Active Carbon
Datong Huibao Activated Carbon Co.,
Ltd.
Datong Huiyuan Cooperative Activated
Carbon Plant
Datong Juqiang Activated Carbon Co.,
Ltd.
Datong Kaneng Carbon Co. Ltd.
Datong Kangda Activated Carbon Factory
Datong Locomotive Coal & Chemicals Co.,
Ltd.
Datong Municipal Yunguang Activated
Carbon Co., Ltd.
Datong Runmei Activated Carbon Factory
Datong Tianzhao Activated Carbon Co.,
Ltd.
DaTong Tri-Star & Power Carbon Plant
Datong Weidu Activated Carbon Co., Ltd.
Datong Xuanyang Activated Carbon Co.
Ltd.
Datong Yunguang Chemicals Plant
Datong Zuoyun Biyun Activated Carbon
Co., Ltd.
Datong Zuoyun Fu Ping Activated Carbon
Plant
Dezhou Jiayu Activated Carbon Factory
Dongguan Baofu Activated Carbon
Dushanzi Chemical Factory
Fangyuan Carbonization Co., Ltd.
[[Page 25713]]
Fu Yuan Activated Carbon Co., Ltd.
Fujian Jianyang Carbon Plant
Fujian Nanping Yuanli Activated Carbon
Fuzhou Taking Chemical
Fuzhou Yihuan Carbon
Great Bright Industrial
Hangzhou Hengxing Activated Carbon
Hangzhou Linan Tianbo Material
Hebei Foreign Trade and Advertising
Corporation
Hebei Shenglun Import & Export Group
Company
Hegongye Ninxia Activated Carbon
Factory
Heilongjiang Provincial Hechang Imp. &
Exp. Co., Ltd.
Hongke Activated Carbon Co., Ltd.
Huaibei Environment Protection Material
Plant
Huairen Jinbei Chemical Co., Ltd.
Huairen Huanyi Purifying Material
Huaiyushan Activated Carbon Tec & Sec
(Zhuhai) Co., Ltd.
Huahui Activated Carbon Company Ltd.
Huatai Activated Carbon
Huaxin Active Carbon Plant
Huzhou Zhonglin Activated Carbon
Hz Hengxing Activated Carbon Co.
Inner Mongolia Taixi Coal Chemical
Industry Limited Company
Itigi Corp. Ltd.
J&D Activated Carbon Filter Co., Ltd.
Jacobi Carbons AB
Jiangle County Xinhua Activated Carbon
Co., Ltd.
Jiangxi Hansom Import Export Co.
Jiangxi Huaiyushan Activated Carbon
Jiangxi Jinma Carbon
Jianou Zhixing Activated Carbon
Jiaocheng Xinxin Purification Material
Co., Ltd.
Jilin Bright Future Chemicals Company,
Ltd.
Jilin Goodwill Activated Carbon Plant
Jilin Province Bright Future Industry
and Commerce Co., Ltd.
Jing Mao (Dongguan) Activated Carbon
Co., Ltd.
Jx Huaiyushan Activated Carbon Group
Co.
Jx Huaiyushan Suntar Active Carbon
Kaihua Xingda Chemical Co., Ltd.
Kaihua Xinghua Chemical Plant
Kemflo (Nanjing) Environmental Tech
Kunshan Actview Carbon Technology
Langfang Winfield Filtration Co.
Link Link Shipping Limited
Longyan Wanan Activated Carbon
Mindong Lianyi Group
Nanjing Mulinsen Charcoal
Nantong Ameriasia Advanced Activated
Carbon Product Co., Ltd.
Ningxia Baota Active Carbon Plant
Ningxia Baota Activated Carbon Co.,
Ltd.
Ningxia Blue-White-Black Activated
Carbon
Ningxia Fengyuan Activated Carbon Co.,
Ltd.
Ningxia Guanghua A/C Co., Ltd.
Ningxia Guanghua Activated Carbon Co.,
Ltd.
Ningxia Guanghua Chemical Activated
Carbon Co., Ltd.
Ningxia Guanghua Cherishmet Activated
Carbon Co., Ltd.
Ningxia Haoqing Activated Carbon Co.,
Ltd.
Ningxia Henghui Activated Carbon
Ningxia Honghua Carbon Industrial
Corporation
Ningxia Huahui Activated Carbon Co.,
Ltd.
Ningxia Huinong Xingsheng Activated
Carbon Co., Ltd.
Ningxia Jirui Activated Carbon
Ningxia Lingzhou Foreign Trade Co.,
Ltd.
Ningxia Luyuangheng Activated Carbon
Co., Ltd.
Ningxia Mineral & Chemical Limited
Ningxia Pingluo County Yaofu Activated
Carbon Plant
Ningxia Pingluo County Yaofu Activated
Carbon Factory
Ningxia Pingluo Xuanzhong Activated
Carbon Co., Ltd.
Ningxia Pingluo Yaofu Activated Carbon
Factory
Ningxia Taixi Activated Carbon
Ningxia Tianfu Activated Carbon Co.,
Ltd.
Ningxia Tongfu Coking Co., Ltd.
Ningxia Weining Active Carbon Co., Ltd.
Ningxia Xingsheng Coal and Active
Carbon Co., Ltd.
[[Page 25714]]
Ningxia Xingsheng Coke and Activated
Carbon
Ningxia Yinchuan Lanqiya Activated
Carbon Co., Ltd.
Ningxia Yirong Alloy Iron Co., Ltd.
Ningxia Zhengyuan Activated
Nuclear Ningxia Activated Carbon Co.,
Ltd.
OEC Logistic Qingdao Co., Ltd.
Panshan Import and Export Corporation
Pingluo Xuanzhong Activated Carbon Co.,
Ltd.
Pingluo Yu Yang Activated Carbon Co.,
Ltd.
Shanghai Activated Carbon Co. Ltd.
Shanghai Coking and Chemical
Corporation
Shanghai Goldenbridge International
Shanghai Jiayu International Trading
Co. Ltd.
Shanghai Jinhu Activated Carbon
Shanghai Mebao Activated Carbon
Shanhai Xingchang Activated Carbon
Shanxi Blue Sky Purification Material
Co., Ltd.
Shanxi DMD Corporation
Shanxi Industry Technology Trading Co.,
Ltd.
Shanxi Newtime Co., Ltd.
Shanxi Qixian Foreign Trade Corporation
Shanxi Qixian Hongkai Active Carbon
Goods
Shanxi Sincere Industrial Co., Ltd.
Shanxi Supply and Marketing Cooperative
Shanxi Tianli Ruihai Enterprise Co.
Shanxi Xiaoyi Huanyu Chemicals Co.,
Ltd.
Shanxi Xinhua Activated Carbon Co.,
Ltd.
Shanxi Xinhua Chemical Co., Ltd.
Shanxi Xinhua Chemical Factory
Shanxi Xinhua Protective Equipment
Shanxi Xinshidai Imp. Exp. Co., Ltd.
Shanxi Xuanzhong Chemical Industry Co.,
Ltd.
Shanxi Zuoyun Yunpeng Coal Chemistry
Shenzhen Sihaiweilong Technology Co.
Sincere Carbon Industrial Co., Ltd.
Taining Jinhu Carbon
Tangshan Solid Carbon Co., Ltd.
Tianchang (Tianjin) Activated Carbon
Tianjin Jacobi International Trading
Co. Ltd.
Tianjin Maijin Industries Co., Ltd.
Tonghua Bright Future Activated Carbon
Plant
Tonghua Xinpeng Activated Carbon
Factory
United Manufacturing International
(Beijing) Ltd.
Valqua Seal Products (Shanghai) Co
Wellink Chemical Industry
Xi Li Activated Carbon Co., Ltd.
Xi'an Shuntong International Trade &
Industrials Co., Ltd.
Xiamen All Carbon Corporation
Xingan County Shenxin Activated Carbon
Factory
Xingtai Coal Chemical Co., Ltd.
Xinhua Chemical Company Ltd.
Xinyuan Carbon
Xuanzhong Chemical Industry
Yangyuan Hengchang Active Carbon
Yicheng Logistics
Yinchuan Lanqiya Activated Carbon Co.,
Ltd.
Yinyuan Carbon
YunGuan Chemical Factory
Yuanguang Activated Carbon Co., Ltd.
Yuyang Activated Carbon Co., Ltd.
Zhejiang Quizhou Zhongsen Carbon
Zhejiang Yun He Tang Co., Ltd.
Zhuxi Activated Carbon
Zuoyun Bright Future Activated Carbon
Plant
Magnesium Metal \4\ A-570-896.............. 4/1/08-3/31/09
Tianjin Magnesium International Co.,
Ltd.
Non-Malleable Cast Iron Pipe Fittings \5\ A- 4/1/08-3/31/09
570-875...................................
NEP Tianjin Machinery Company
------------------------------------------------------------------------
\3\ If one of the above named companies does not qualify for a separate
rate, all other exporters of certain activated carbon from the
People's Republic of China who have not qualified for a separate rate
are deemed to be covered by this review as part of the single PRC
entity of which the named exporters are a part.
\4\ If the above named company does not qualify for a separate rate, all
other exporters of magnesium metal from the People's Republic of China
who have not qualified for a separate rate are deemed to be covered by
this review as part of the single PRC entity of which the named
exporters are a part.
[[Page 25715]]
\5\ If the above named company does not qualify for a separate rate, all
other exporters of non-malleable cast iron pipe fittings from the
People's Republic of China who have not qualified for a separate rate
are deemed to be covered by this review as part of the single PRC
entity of which the named exporters are a part.
Countervailing Duty Proceeding
None.
Suspension Agreements
None.
During any administrative review covering all or part of a period
falling between the first and second or third and fourth anniversary of
the publication of an antidumping duty order under 19 CFR 351.211 or a
determination under 19 CFR 351.218(f)(4) to continue an order or
suspended investigation (after sunset review), the Secretary, if
requested by a domestic interested party within 30 days of the date of
publication of the notice of initiation of the review, will determine,
consistent with FAG Italia v. United States, 291 F.3d 806 (Fed. Cir.
2002), as appropriate, whether antidumping duties have been absorbed by
an exporter or producer subject to the review if the subject
merchandise is sold in the United States through an importer that is
affiliated with such exporter or producer. The request must include the
name(s) of the exporter or producer for which the inquiry is requested.
Interested parties must submit applications for disclosure under
administrative protective orders in accordance with 19 CFR 351.305. On
January 22, 2008, the Department published Antidumping and
Countervailing Duty Proceedings: Documents Submission Procedures; APO
Procedures (73 FR 3634). Those procedures apply to administrative
reviews included in this notice of initiation. Parties wishing to
participate in any of these administrative reviews should ensure that
they meet the requirements of these procedures (e.g., the filing of
separate letters of appearance as discussed at 19 CFR 351.103(d)).
These initiations and this notice are in accordance with section
751(a) of the Tariff Act of 1930, as amended (19 U.S.C. 1675(a)), and
19 CFR 351.221(c)(1)(i).
Dated: May 22, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. E9-12571 Filed 5-28-09; 8:45 am]
BILLING CODE 3510-DS-P