Hand Trucks and Certain Parts Thereof from the People's Republic of China: Notice of Rescission of Antidumping Duty New Shipper Review, 31911 [E9-15825]

Download as PDF Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Notices single copy requests at the above address. Basic data developed during the environmental assessment are on file and may be reviewed by contacting Kalven L. Trice, State Conservationist. No administrative action on implementation of the proposal will be taken until 30 days after the date of this publication in the Federal Register. Dated: June 22, 2009. Kalven L. Trice, State Conservationist. [FR Doc. E9–15711 Filed 7–2–09; 8:45 am] BILLING CODE 3410–16–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–891] Hand Trucks and Certain Parts Thereof from the People’s Republic of China: Notice of Rescission of Antidumping Duty New Shipper Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to a request from ABC Tools MFG. CORP (ABC Tools), the Department of Commerce (the Department) published a Federal Register notice announcing the initiation of a new shipper review of the antidumping duty order on hand trucks and certain parts thereof from the People’s Republic of China (PRC) for the period December 1, 2007, through November 30, 2008. On June 3, 2009, ABC Tools withdrew its request for a new shipper review and therefore, we are rescinding this new shipper review with respect to ABC Tools. EFFECTIVE DATE: July 6, 2009. FOR FURTHER INFORMATION CONTACT: David Cordell or Robert James, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0408 or (202) 482– 0649 respectively. SUPPLEMENTARY INFORMATION: mstockstill on PROD1PC66 with NOTICES Background On December 22, 2009, the Department received a timely request from ABC Tools in accordance with section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(c), for a new shipper review of the antidumping duty order on hand trucks and certain parts thereof from the PRC. On January 22, 2009, the Department found that the request for VerDate Nov<24>2008 17:06 Jul 02, 2009 Jkt 217001 review with respect to ABC Tools met all of the regulatory requirements set forth in 19 CFR 351.214(b) and initiated an antidumping duty new shipper review. See Hand Trucks and Certain Parts Thereof from the People’s Republic of China: Initiation of New Shipper Review, 74 FR 5144 (January 29, 2009) (Initiation Notice). On June 3, 2009, ABC Tools withdrew its request for a new shipper review. Rescission of New Shipper Review Section 351.214(f)(1) of the Department’s regulations provides that the Department may rescind a new shipper review if the party that requested the review withdraws its request for review within 60 days of the date of publication of the notice of initiation of the requested review. Although ABC Tools withdrew its request after the 60-day deadline, we find it reasonable to extend the deadline because we have not yet committed significant resources to the ABC Tools new shipper review (e.g., we have not issued our preliminary results). Further, in this instance, no other company would be affected by a rescission, and we have received no objections from any party to ABC Tools’ withdrawal of its request for this new shipper review. Based upon the above, we are rescinding the new shipper review of the antidumping duty order on hand trucks and certain parts from PRC with respect to ABC Tools. As the Department is rescinding this new shipper review, we are not calculating a company–specific rate for ABC Tools, and ABC Tools will remain part of the PRC–wide entity. Notifications Because ABC Tools is still under review as part of the PRC–wide entity in the ongoing administrative review, the Department will not order liquidation of entries for ABC Tools. The Department intends to issue liquidation instructions for the PRC–wide entity which will cover any entries by ABC Tools, 15 days after publication of the final results of the ongoing administrative review. This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 31911 This notice also serves as the only reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destructions of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a). 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. We are issuing and publishing this determination and notice in accordance with section 777(i) of the Act and 19 CFR 351.214(f)(3). Dated: June 29, 2009. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. E9–15825 Filed 7–2–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–549–822] Certain Frozen and Canned Warmwater Shrimp from Thailand: Notice of Court Decision Not in Harmony With Final Determination of Sales at Less Than Fair Value AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On June 24, 2009, the United States Court of International Trade (CIT) sustained the Department of Commerce’s (the Department’s) second redetermination pursuant to the CIT’s remand in Thai I–Mei Frozen Foods Co., Ltd. v. United States, Court No. 05– 00197 (Jun. 24, 2009) (Thai I–Mei III). See Final Results of Redetermination Pursuant to Court Remand, dated March 18, 2009 (found at https://ia.ita.doc.gov/ remands). Consistent with the decision of the United States Court of Appeals for the Federal Circuit (CAFC) in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), the Department is notifying the public that the final judgment in this case is not in harmony with the Department’s final determination in the less–than-fair– value (LTFV) investigation of certain frozen warmwater shrimp from Thailand. See Notice of Final Determination of Sales at Less Than Fair Value and Negative Final Determination of Critical Circumstances: Certain Frozen and E:\FR\FM\06JYN1.SGM 06JYN1

Agencies

[Federal Register Volume 74, Number 127 (Monday, July 6, 2009)]
[Notices]
[Page 31911]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15825]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-891]


Hand Trucks and Certain Parts Thereof from the People's Republic 
of China: Notice of Rescission of Antidumping Duty New Shipper Review

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

SUMMARY: In response to a request from ABC Tools MFG. CORP (ABC Tools), 
the Department of Commerce (the Department) published a Federal 
Register notice announcing the initiation of a new shipper review of 
the antidumping duty order on hand trucks and certain parts thereof 
from the People's Republic of China (PRC) for the period December 1, 
2007, through November 30, 2008. On June 3, 2009, ABC Tools withdrew 
its request for a new shipper review and therefore, we are rescinding 
this new shipper review with respect to ABC Tools.

EFFECTIVE DATE: July 6, 2009.

FOR FURTHER INFORMATION CONTACT: David Cordell or Robert James, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0408 
or (202) 482-0649 respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 22, 2009, the Department received a timely request from 
ABC Tools in accordance with section 751(a)(2)(B)(i) of the Tariff Act 
of 1930, as amended (the Act), and 19 CFR 351.214(c), for a new shipper 
review of the antidumping duty order on hand trucks and certain parts 
thereof from the PRC. On January 22, 2009, the Department found that 
the request for review with respect to ABC Tools met all of the 
regulatory requirements set forth in 19 CFR 351.214(b) and initiated an 
antidumping duty new shipper review. See Hand Trucks and Certain Parts 
Thereof from the People's Republic of China: Initiation of New Shipper 
Review, 74 FR 5144 (January 29, 2009) (Initiation Notice). On June 3, 
2009, ABC Tools withdrew its request for a new shipper review.

Rescission of New Shipper Review

    Section 351.214(f)(1) of the Department's regulations provides that 
the Department may rescind a new shipper review if the party that 
requested the review withdraws its request for review within 60 days of 
the date of publication of the notice of initiation of the requested 
review. Although ABC Tools withdrew its request after the 60-day 
deadline, we find it reasonable to extend the deadline because we have 
not yet committed significant resources to the ABC Tools new shipper 
review (e.g., we have not issued our preliminary results). Further, in 
this instance, no other company would be affected by a rescission, and 
we have received no objections from any party to ABC Tools' withdrawal 
of its request for this new shipper review. Based upon the above, we 
are rescinding the new shipper review of the antidumping duty order on 
hand trucks and certain parts from PRC with respect to ABC Tools. As 
the Department is rescinding this new shipper review, we are not 
calculating a company-specific rate for ABC Tools, and ABC Tools will 
remain part of the PRC-wide entity.

Notifications

    Because ABC Tools is still under review as part of the PRC-wide 
entity in the ongoing administrative review, the Department will not 
order liquidation of entries for ABC Tools. The Department intends to 
issue liquidation instructions for the PRC-wide entity which will cover 
any entries by ABC Tools, 15 days after publication of the final 
results of the ongoing administrative review.
    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as the only reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destructions of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a). 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.
    We are issuing and publishing this determination and notice in 
accordance with section 777(i) of the Act and 19 CFR 351.214(f)(3).

    Dated: June 29, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-15825 Filed 7-2-09; 8:45 am]
BILLING CODE 3510-DS-S

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