Honey From Argentina: Rescission of Countervailing Duty Administrative Review, 26842-26843 [E9-13067]

Download as PDF 26842 Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Notices or the first working day thereafter. Interested parties may submit case briefs no later than 30 days after the date of publication of this preliminary notice. See 19 CFR § 351.309(c)(ii). Rebuttal briefs, limited to issues raised in such briefs, may be filed no later than five days after the time limit for filing the case brief 19 CFR § 351.309(d). Parties who submit arguments are requested to submit with the argument (1) a statement of the issue, (2) a brief summary of the argument, and (3) a table of authorities. Further, parties submitting written comments should provide the Department with an additional copy of the public version of any such comments on diskette. The Department will issue the final notice, which will include the results of its analysis of issues raised in any such comments, or at a hearing, if requested, within 120 days of publication of this preliminary notice. Extension of Time Limit of Preliminary Results The preliminary results of this review are currently due no later than June 2, 2009. Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), requires the Department to make a preliminary determination in an administrative review within 245 days after the last day of the anniversary month of an order or finding for which a review is requested. Consistent with section 751(a)(3)(A) of the Act, the Department may extend the 245-day period to 365 days if it is not practicable to complete the review within a 245-day period. We determine that completion of the preliminary results of this review within the 245-day period is not practicable. Specifically, on January 8, 2009, Watanabe claimed that it did not export subject merchandise to the United States during the POR. However, based on our internal Customs data query, we found that Watanabe made shipments to the United States during the POR, which entered under the HTSUS numbers for subject merchandise.1 Therefore, we requested that Watanabe respond to the Department’s questionnaire. The issue raised by Watanabe has resulted in a delay in Watanabe’s response to the Department’s questionnaire. In addition, we need additional time to thoroughly review the response to the original questionnaire and to allow time to issue 1 See Internal Customs data query, Second Administrative Review of the Antidumping Duty Order on Certain Lined Paper Products from China, Memorandum to the File, from Joy Zhang, Case Analyst, through James Terpstra, Program Manager, dated January 12, 2009. VerDate Nov<24>2008 15:16 Jun 03, 2009 Jkt 217001 supplemental questionnaires, if deemed necessary. Therefore, we are extending the time period for issuing the preliminary results of review by 120 days to September 30, 2009, in accordance with section 751(a)(3)(A) of the Act and 19 CFR § 351.213(h)(2). The preliminary results are now due no later than September 30, 2009. The final results continue to be due 120 days after publication of the preliminary results. Assessment The Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. For the company for which this review is rescinded, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR § 351.212(c)(1)(i). This notice is issued and published in accordance with sections 751(a)(1), 751(a)(3)(A) , and 777(i)(1) of the Act, and 19 CFR § 351.213(d)(4). Dated: May 29, 2009. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. E9–13069 Filed 6–3–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [C–357–813] Honey From Argentina: Rescission of Countervailing Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: June 4, 2009. FOR FURTHER INFORMATION CONTACT: Martha Douthit, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–5050. Background On December 1, 2008, the Department published a notice of opportunity to request an administrative review of the countervailing duty order on honey from Argentina. See Antidumping or PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 73 FR 72764 (December 1, 2008). On December 31, 2008, the American Honey Producers Association and the Sioux Honey Association (petitioners) timely requested an administrative review of the countervailing duty order on honey from Argentina for the period January 1, 2008 through December 31, 2008. In accordance with 19 CFR 351.221(c)(1)(i), the Department published a notice initiating an administrative review of the countervailing duty order on honey from Argentina. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 74 FR 5821 (February 2, 2009). Rescission of Countervailing Duty Administrative Review The Department’s regulations provide that the Department will rescind an administrative review if the party that requested the review withdraws its request for review within 90 days of the date of publication of the notice of initiation. See 19 CFR 351.213(d)(1). On February 27, 2009, petitioners submitted a letter withdrawing their request of the review within the 90-day deadline. No other party requested a review of the order. Therefore, the Department is rescinding this administrative review of the countervailing duty order on honey from Argentina for the period January 1, 2008 through December 31, 2008. The Department intends to issue appropriate assessment instructions to U.S. Customs and Border Protection 15 days after the date of publication of this notice. Notification Regarding Administrative Protective Order This notice serves as a final reminder to parties subject to administrative protection orders (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3) of the Department’s regulations, which continues to govern business proprietary information in this segments of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). E:\FR\FM\04JNN1.SGM 04JNN1 Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Notices Dated: May 29, 2009. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. E9–13067 Filed 6–3–09; 8:45 am] 351.213(d)(1), on May 12, 2009, DSM withdrew its request for a review. BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–580–837] Certain Cut–to-Length Carbon–Quality Steel Plate from the Republic of Korea: Notice of Rescission of Countervailing Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: June 4, 2009. FOR FURTHER INFORMATION CONTACT: Jolanta Lawska, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–8362. SUPPLEMENTARY INFORMATION: Background: On February 4, 2009, the Department of Commerce (the Department) published a notice of opportunity to request an administrative review of the countervailing duty order on certain cut-to-length carbon-quality steel plate from Korea. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 74 FR 6013 (February 4, 2009). On February 27, 2009, Dongkuk Steel Mill Co., Ltd. (DSM) (respondent) requested that the Department conduct an administrative review of the countervailing duty order on certain cut-to-length carbon-quality steel plate from Korea with respect to DSM for the period of January 1, 2008, through December 31, 2008, and revoke the above-referenced countervailing duty order with respect to DSM based on the absence of subsidies for at least five consecutive years. Pursuant to this request, the Department published a notice of the initiation of the administrative review of the countervailing duty order on certain cut-to-length carbon-quality steel plate from Korea with respect to the sole respondent, DSM. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part. 74 FR 12310 (March 24, 2009). Pursuant to section 19 CFR VerDate Nov<24>2008 15:16 Jun 03, 2009 Jkt 217001 Scope of Order The products covered by this order are certain hot-rolled carbon–quality steel: (1) universal mill plates (i.e., flatrolled products rolled on four faces or in a closed box pass, of a width exceeding 150 mm but not exceeding 1250 mm, and of a nominal or actual thickness of not less than 4 mm, which are cut-to-length (not in coils) and without patterns in relief), of iron or non-alloy-quality steel; and (2) flatrolled products, hot-rolled, of a nominal or actual thickness of 4.75 mm or more and of a width which exceeds 150 mm and measures at least twice the thickness, and which are cut-to-length (not in coils). Steel products to be included in the scope of the order are of rectangular, square, circular or other shape and of rectangular or nonrectangular cross-section where such non-rectangular cross-section is achieved subsequent to the rolling process (i.e., products which have been ‘‘worked after rolling’’)—for example, products which have been beveled or rounded at the edges. Steel products that meet the noted physical characteristics that are painted, varnished or coated with plastic or other non-metallic substances are included within this scope. Also, specifically included in the scope of the order are high strength, low alloy (HSLA) steels. HSLA steels are recognized as steels with micro-alloying levels of elements such as chromium, copper, niobium, titanium, vanadium, and molybdenum. Steel products to be included in this scope, regardless of Harmonized Tariff Schedule of the United States (HTSUS) definitions, are products in which: (1) iron predominates, by weight, over each of the other contained elements; (2) the carbon content is two percent or less, by weight; and (3) none of the elements listed below is equal to or exceeds the quantity, by weight, respectively indicated: 1.80 percent of manganese, or 1.50 percent of silicon, or 1.00 percent of copper, or 0.50 percent of aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or 0.40 percent of lead, or 1.25 percent of nickel, or 0.30 percent of tungsten, or 0.10 percent of molybdenum, or 0.10 percent of niobium, or 0.41 percent of titanium, or 0.15 percent of vanadium, or 0.15 percent zirconium. All products that meet the written physical description, and in which the chemistry quantities do not equal or exceed any one of the levels listed above, are within the scope of this order unless otherwise specifically excluded. The following PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 26843 products are specifically excluded from the order: (1) products clad, plated, or coated with metal, whether or not painted, varnished or coated with plastic or other non-metallic substances; (2) SAE grades (formerly AISI grades) of series 2300 and above; (3) products made to ASTM A710 and A736 or their proprietary equivalents; (4) abrasionresistant steels (i.e., USS AR 400, USS AR 500); (5) products made to ASTM A202, A225, A514 grade S, A517 grade S, or their proprietary equivalents; (6) ball bearing steels; (7) tool steels; and (8) silicon manganese steel or silicon electric steel. The merchandise subject to the order is currently classifiable under the HTSUS under subheadings: 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7225.40.3050, 7225.40.7000, 7225.50.6000, 7225.99.0090, 7226.91.5000, 7226.91.7000, 7226.91.8000, 7226.99.0000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise covered by the order is dispositive. Rescission of Review If a party that requested a review withdraws the request within 90 days of the date of publication of the notice of initiation of the requested review, the Secretary will rescind the review, in whole or in part, pursuant to 19 CFR 351.213(d)(1). In this case, DSM withdrew its request for an administrative review within 90 days from the date of initiation. No other interested party requested a review of DSM. Therefore, consistent with 19 CFR 351.213(d)(1), and because DSM is the sole respondent in this review, we are rescinding this review of the countervailing duty order on certain cut-to-length carbon-quality steel plate from Korea. Assessment The Department intends to issue assessment instructions to U.S. Customs and Border Protection (CBP) 15 days after the publication of this notice. The Department will direct CBP to assess countervailing duties at the cash deposit rate in effect on the date of entry for entries during the period January 1, 2008, through December 31, 2008. E:\FR\FM\04JNN1.SGM 04JNN1

Agencies

[Federal Register Volume 74, Number 106 (Thursday, June 4, 2009)]
[Notices]
[Pages 26842-26843]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13067]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-357-813]


Honey From Argentina: Rescission of Countervailing Duty 
Administrative Review

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

DATES: Effective Date: June 4, 2009.

FOR FURTHER INFORMATION CONTACT: Martha Douthit, AD/CVD Operations, 
Office 6, Import Administration, International Trade Administration, 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-5050.

Background

    On December 1, 2008, the Department published a notice of 
opportunity to request an administrative review of the countervailing 
duty order on honey from Argentina. See Antidumping or Countervailing 
Duty Order, Finding, or Suspended Investigation; Opportunity To Request 
Administrative Review, 73 FR 72764 (December 1, 2008). On December 31, 
2008, the American Honey Producers Association and the Sioux Honey 
Association (petitioners) timely requested an administrative review of 
the countervailing duty order on honey from Argentina for the period 
January 1, 2008 through December 31, 2008. In accordance with 19 CFR 
351.221(c)(1)(i), the Department published a notice initiating an 
administrative review of the countervailing duty order on honey from 
Argentina. See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Requests for Revocation in Part, 74 FR 5821 
(February 2, 2009).

Rescission of Countervailing Duty Administrative Review

    The Department's regulations provide that the Department will 
rescind an administrative review if the party that requested the review 
withdraws its request for review within 90 days of the date of 
publication of the notice of initiation. See 19 CFR 351.213(d)(1). On 
February 27, 2009, petitioners submitted a letter withdrawing their 
request of the review within the 90-day deadline. No other party 
requested a review of the order. Therefore, the Department is 
rescinding this administrative review of the countervailing duty order 
on honey from Argentina for the period January 1, 2008 through December 
31, 2008. The Department intends to issue appropriate assessment 
instructions to U.S. Customs and Border Protection 15 days after the 
date of publication of this notice.

Notification Regarding Administrative Protective Order

    This notice serves as a final reminder to parties subject to 
administrative protection orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3) of the Department's 
regulations, which continues to govern business proprietary information 
in this segments of the proceeding. Timely written notification of the 
return/destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and terms of an APO is a violation which is subject to 
sanction.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 
CFR 351.213(d)(4).


[[Page 26843]]


    Dated: May 29, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-13067 Filed 6-3-09; 8:45 am]
BILLING CODE 3510-DS-P