Hot-Rolled Carbon Steel Products from India: Extension of Time Limit for Preliminary Results of Countervailing Duty Administrative Review, 42857-42858 [E9-20501]

Download as PDF Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices 20 days of publication of this notice. The Department invites comments regarding the CBP data and respondent selection within ten days of publication of this Federal Register notice. Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. Instructions for filing such applications may be found on the Department’s website at http://ia.ita.doc.gov/apo. pwalker on DSK8KYBLC1PROD with NOTICES Separate Rates In order to obtain separate–rate status in NME investigations, exporters and producers must submit a separate–rate status application. See our practice, described in Policy Bulletin 05.1: Separate–Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non–Market Economy Countries, dated April 5, 2005 (‘‘Separate Rates and Combination Rates Bulletin’’), available on the Department’s website at http:// ia.ita.doc.gov/policy/bull05–1.pdf. Based on our experience in processing the separate–rate applications in previous antidumping duty investigations, we have modified the application for this investigation to make it more administrable and easier for applicants to complete. See, e.g., Initiation of Antidumping Duty Investigation: Certain New Pneumatic Off–the-Road Tires From the People’s Republic of China, 72 FR 43591, 43594– 95 (August 6, 2007). The specific requirements for submitting the separate–rate application in this investigation are outlined in detail in the application itself, which will be available on the Department’s website at http://ia.ita.doc.gov/ia–highlights-and– news.html on the date of publication of this initiation notice in the Federal Register. The separate–rate application will be due 60 days after publication of this initiation notice. For exporters and producers who submit a separate–rate status application and subsequently are selected as mandatory respondents, these exporters and producers will no longer be eligible for consideration for separate rate status unless they respond to all parts of the questionnaire as mandatory respondents. As noted in the ‘‘Respondent Selection’’ section above, the Department requires that respondents submit a response to both the quantity and value questionnaire and the separate rate application by the respective deadlines in order to receive consideration for separate–rate status. The quantity and value questionnaire will be available on the Department’s website at http://ia.ita.doc.gov/ia– highlights-and–news.html on the date of VerDate Nov<24>2008 22:52 Aug 24, 2009 Jkt 217001 the publication of this initiation notice in the Federal Register. Use of Combination Rates in an NME Investigation The Department will calculate combination rates for certain respondents that are eligible for a separate rate in this investigation. The Separate Rates and Combination Rates Bulletin states: {w}hile continuing the practice of assigning separate rates only to exporters, all separate rates that the Department will now assign in its NME investigations will be specific to those producers that supplied the exporter during the period of investigation. Note, however, that one rate is calculated for the exporter and all of the producers which supplied subject merchandise to it during the period of investigation. This practice applies both to mandatory respondents receiving an individually calculated separate rate as well as the pool of non– investigated firms receiving the weighted–average of the individually calculated rates. This practice is referred to as the application of ‘‘combination rates’’ because such rates apply to specific combinations of exporters and one or more producers. The cash– deposit rate assigned to an exporter will apply only to merchandise both exported by the firm in question and produced by a firm that supplied the exporter during the period of investigation. See Separate Rates and Combination Rates Bulletin at 6 (emphasis added). Distribution of Copies of the Petitions In accordance with section 732(b)(3)(A) of the Act and 19 CFR 351.202(f), copies of the public versions of the Petitions have been provided to the representatives of the Governments of the PRC and Mexico. Because of the large number of producers/exporters identified in the AD PRC Petition, the Department considers the service of the public version of the AD PRC Petition to the foreign producers/exporters satisfied by the delivery of the public version to the Government of the PRC, consistent with 19 CFR 351.203(c)(2). ITC Notification We have notified the ITC of our initiations, as required by section 732(d) of the Act. Preliminary Determinations by the ITC The ITC will preliminarily determine, no later than September 14, 2009, PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 42857 whether there is a reasonable indication that imports of magnesia carbon bricks from the PRC and Mexico are materially injuring, or threatening material injury to a U.S. industry. A negative ITC determination with respect to any country will result in the investigation being terminated for that country; otherwise, these investigations will proceed according to statutory and regulatory time limits. This notice is issued and published pursuant to section 777(i) of the Act. Dated: August 18, 2009. Carole Showers, Acting Deputy Assistant Secretary for Policy and Negotiations. Appendix I Scope of the Investigations Imports covered by this petition consist of certain chemically bonded (resin or pitch), magnesia carbon bricks with a magnesia component of at least 70 percent magnesia (‘‘MgO’’) by weight, regardless of the source of raw materials for the MgO, with carbon levels ranging from trace amounts to 30 percent by weight, regardless of enhancements, (for example, magnesia carbon bricks can be enhanced with coating, grinding, tar impregnation or coking, high temperature heat treatments, anti–slip treatments or metal casing) and regardless of whether or not anti–oxidants are present (for example, antioxidants can be added to the mix from trace amounts to 15 percent by weight as various metals, metal alloys, and metal carbides). Certain magnesia carbon bricks that are the subject of this investigation are currently classifiable under subheadings 6902.10.10.00, 6902.10.50.00, 6815.91.00.00, and 6815.99 of the Harmonized Tariff Schedule of the United States (HTSUS). While HTSUS subheadings are provided for convenience and customs purposes, the written description is dispositive. [FR Doc. E9–20494 Filed 8–24–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [C–533–821] Hot–Rolled Carbon Steel Products from India: Extension of Time Limit for Preliminary Results of Countervailing Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. FOR FURTHER INFORMATION CONTACT: Gayle Longest, AD/CVD Operations, E:\FR\FM\25AUN1.SGM 25AUN1 42858 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, Room 4014, 14th Street and Constitution Ave., NW, Washington, DC 20230, telephone: (202) 482–3338. SUPPLEMENTARY INFORMATION: Background On February 2, 2009, the U.S. Department of Commerce (‘‘the Department’’) published a notice of initiation of the administrative review of the countervailing duty order on hot– rolled carbon steel products from India covering the period January 1, 2008, through December 31, 2008. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 74 FR 5821 (February 2, 2009). The preliminary results are currently due no later than September 2, 2009. Extension of Time Limit for Preliminary Results pwalker on DSK8KYBLC1PROD with NOTICES Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), requires the Department to make a preliminary determination within 245 days after the last day of the anniversary month of an order for which a review is requested. Section 751(a)(3)(A) of the Act further states that if it is not practicable to complete the review within the time period specified, the administering authority may extend the 245-day period to issue its preliminary results to up to 365 days. Due to the complexity of the issues in this administrative review, such as the number of programs under review during the POR, we have determined that it is not practicable to complete the preliminary results within the 245-day period. Therefore, in accordance with section 751(a)(3)(A) of the Act, we are extending the time period for issuing the preliminary results of the review by 120 days. The preliminary results are now due no later than December 31, 2009. The final results continue to be due 120 days after publication of the preliminary results. This notice is issued and published in accordance with section 751(a)(3)(A) of the Act. Dated: August 19, 2009. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. E9–20501 Filed 8–24–09; 8:45 am] BILLING CODE 3510–DS–S VerDate Nov<24>2008 00:58 Aug 25, 2009 Jkt 217001 DEPARTMENT OF COMMERCE International Trade Administration [C–570–955] Certain Magnesia Carbon Bricks from the People’s Republic of China: Initiation of Countervailing Duty Investigation AGENCY: Import Administration, International Trade Administration, Department of Commerce DATES: Effective Date: August 25, 2009. FOR FURTHER INFORMATION CONTACT: Justin Neuman, Toni Page, or Nicholas Czajkowski; AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, D.C. 20230; telephone: (202) 482–0486, (202) 482–1398, or (202) 482–1395 respectively. SUPPLEMENTARY INFORMATION: The Petitions On July 29, 2009, the Department of Commerce (the Department) received countervailing duty (CVD) and antidumping (AD) petitions concerning imports of certain magnesia carbon bricks (magnesia carbon bricks) from the People’s Republic of China (PRC) filed in proper form by Resco Products, Inc. (Petitioner), domestic producers of magnesia carbon bricks. See ‘‘Petition for the Imposition of Countervailing Duties: Certain Magnesia Carbon Bricks from the People’s Republic of China’’ (CVD PRC Petition). On August 3, 2009, the Department spoke via telephone with petitioner to request additional information and clarification of certain areas of the CVD petition involving countervailable subsidy allegations. See Memorandum from Mark Hoadley, Program Manager, AD/CVD Operations, Office 6, to the File, ‘‘CVD Petition for Investigation of Magnesia Carbon Bricks from the People’s Republic of China (PRC): Phone Call with Counsel for Petitioner’’ dated August 4, 2009. Based on the Department’s requests, the Petitioner timely filed additional information on August 7, 2009. On August 4 and 12, 2009, the Department issued additional requests for information and clarification of certain areas of the CVD PRC Petition. Based on the Department’s requests, Petitioner timely filed additional information pertaining to the CVD PRC Petition on August 10 and 14, 2009, (hereinafter, Supplement to the CVD PRC Petition dated August 10, 2009 and Second Supplement to the CVD PRC Petition, dated August 14, 2009). PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), Petitioner alleges that producers/exporters of magnesia carbon bricks in the PRC received countervailable subsidies within the meaning of section 701 and 771(5) of the Act, and that imports from these exporters/producers materially injure, or threaten material injury to, an industry in the United States. The Department finds that Petitioner filed this CVD PRC Petition on behalf of the domestic industry because it is an interested party as defined in section 771(9)(C) of the Act, and Petitioner has demonstrated sufficient industry support with respect to the countervailing duty investigation that it is requesting the Department to initiate (see ‘‘Determination of Industry Support for the CVD Petition’’ below). Period of Investigation The anticipated period of investigation (POI) is calendar year 2008. See 19 CFR 351.204(b)(2). Scope of Investigation The products covered by this investigation are magnesia carbon bricks from the PRC. For a full description of the scope of the investigation, please see the ‘‘Scope of Investigation’’ in Appendix I to this notice. Comments on Scope of Investigation During our review of the CVD PRC Petition, we discussed the scope with Petitioner to ensure that it is an accurate reflection of the products for which the domestic industry is seeking relief. Moreover, as discussed in the preamble to the regulations (See Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997)), we are setting aside a period for interested parties to raise issues regarding product coverage. The Department encourages all interested parties to submit such comments by September 8, 2009.1 Comments should be addressed to Import Administration’s APO/Dockets Unit, Room 1870, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. The period of scope consultations is intended to provide the Department with ample opportunity to consider all comments and to consult with parties prior to the issuance of the preliminary determinations. 1 September 8, 2009 is the first business day after twenty calendar days from the signature date of this notice. E:\FR\FM\25AUN1.SGM 25AUN1

Agencies

[Federal Register Volume 74, Number 163 (Tuesday, August 25, 2009)]
[Notices]
[Pages 42857-42858]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20501]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-821]


Hot-Rolled Carbon Steel Products from India: Extension of Time 
Limit for Preliminary Results of Countervailing Duty Administrative 
Review

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

FOR FURTHER INFORMATION CONTACT: Gayle Longest, AD/CVD Operations,

[[Page 42858]]

Office 3, Import Administration, International Trade Administration, 
U.S. Department of Commerce, Room 4014, 14th Street and Constitution 
Ave., NW, Washington, DC 20230, telephone: (202) 482-3338.

SUPPLEMENTARY INFORMATION:

Background

    On February 2, 2009, the U.S. Department of Commerce (``the 
Department'') published a notice of initiation of the administrative 
review of the countervailing duty order on hot-rolled carbon steel 
products from India covering the period January 1, 2008, through 
December 31, 2008. See Initiation of Antidumping and Countervailing 
Duty Administrative Reviews and Request for Revocation in Part, 74 FR 
5821 (February 2, 2009). The preliminary results are currently due no 
later than September 2, 2009.

Extension of Time Limit for Preliminary Results

    Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (``the 
Act''), requires the Department to make a preliminary determination 
within 245 days after the last day of the anniversary month of an order 
for which a review is requested. Section 751(a)(3)(A) of the Act 
further states that if it is not practicable to complete the review 
within the time period specified, the administering authority may 
extend the 245-day period to issue its preliminary results to up to 365 
days.
    Due to the complexity of the issues in this administrative review, 
such as the number of programs under review during the POR, we have 
determined that it is not practicable to complete the preliminary 
results within the 245-day period. Therefore, in accordance with 
section 751(a)(3)(A) of the Act, we are extending the time period for 
issuing the preliminary results of the review by 120 days. The 
preliminary results are now due no later than December 31, 2009. The 
final results continue to be due 120 days after publication of the 
preliminary results.
    This notice is issued and published in accordance with section 
751(a)(3)(A) of the Act.

    Dated: August 19, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-20501 Filed 8-24-09; 8:45 am]
BILLING CODE 3510-DS-S