Barbed Wire and Barbless Fencing Wire From Argentina: Final Results of Sunset Review and Revocation of Order, 50775-50776 [E9-23695]

Download as PDF Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Notices Assessment The Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries. We have calculated importer–specific per unit duty assessment rates based on the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of the sales. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review if any importer–specific assessment rate calculated in the final results of this review is above de minimis (i.e., less than 0.50 percent). The Department intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of review. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003. See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This clarification will apply to entries of subject merchandise during the POR produced by companies included in these final results of review for which the reviewed companies did not know their merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all–others rate established in the less–than-fair–value (LTFV) investigation if there is no rate for the intermediate company(ies) involved in the transaction. PWALKER on DSK8KYBLC1PROD with NOTICES Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, consistent with section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the reviewed company, Aragonesas, will be the rate shown above; (2) if the exporter is not a firm covered in this review, but was covered in a previous review or the original LTFV investigation, the cash deposit rate will continue to be the company– specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original LTFV investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) if neither the exporter nor the manufacturer is a firm covered in this or any previous review VerDate Nov<24>2008 19:32 Sep 30, 2009 Jkt 217001 conducted by the Department, the cash deposit rate will continue to be the ‘‘All Others’’ rate established in the original LTFV investigation, which is 24.83 percent. See Chlorinated Isos Order. These deposit requirements shall remain in effect until further notice. Notification to Importers 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. Notification to Interested Parties This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing these final results of review in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: September 24, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. Appendix Issues in Decision Memorandum: Comment 1: Whether the Department Should Eliminate from the G&A Ratio the Accrued Expenses Relating to the Asset Impairments and Restructuring Charges Comment 2: Whether the Department was Correct to Revise Aragonesas’ G&A Expense Allocation Relating to G&A Services Provided by its Parent Company Comment 3: Whether the Department, in Calculating the G&A and the R&D Amounts to be Included in Aragonesas’ Costs, Should First Eliminate from TOTCOM that Portion of TOTCOM that Relates to the Major Input Rule Adjustment for Chlorine PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 50775 Comment 4:Whether the Department Should Set U.S. Warranty Expenses to Zero Comment 5:Whether There Are Clerical Errors in the Department’s Program or Calculations Comment 6:Whether the Department Should Refrain from Zeroing for the Final Results [FR Doc. E9–23705 Filed 9–30–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–357–405] Barbed Wire and Barbless Fencing Wire From Argentina: Final Results of Sunset Review and Revocation of Order AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 3, 2009, the Department of Commerce (Department) initiated the sunset review of the antidumping duty order on barbed wire and barbless fencing wire from Argentina. Because the domestic interested parties did not participate in this sunset review, the Department is revoking this antidumping duty order. FOR FURTHER INFORMATION CONTACT: Steve Bezirganian, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–1131. SUPPLEMENTARY INFORMATION: Background On November 13, 1985, the Department issued an antidumping duty order on barbed wire and barbless fencing wire from Argentina. See Antidumping Duty Order: Barbed Wire and Barbless Fencing Wire From Argentina, 50 FR 46808 (Nov. 13, 1985). On September 20, 2004, the Department published its most recent continuation of the order. See Continuation of Antidumping Duty Order: Barbed Wire and Barbless Fencing Wire From Argentina, 69 FR 56190 (Sep. 20, 2004). On August 3, 2009, the Department initiated a sunset review of this order. See Initiation of Five-Year (‘‘Sunset’’) Review, 74 FR 38401 (Aug. 3, 2009). We did not receive a notice of intent to participate from domestic interested parties in this sunset review by the E:\FR\FM\01OCN1.SGM 01OCN1 50776 Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Notices deadline date. As a result, in accordance with 19 CFR 351.218(d)(1)(iii)(A), the Department determined that no domestic interested party intends to participate in the sunset review, and on August 21, 2009, we notified the International Trade Commission, in writing, that we intended to issue a final determination revoking this antidumping duty order. See 19 CFR 351.218(d)(1)(iii)(B)(2). Scope of the Order The merchandise covered by this order is barbed wire and barbless fencing wire from Argentina, which is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) item number 7313.00.00. The HTSUS number is provided for convenience and customs purposes. The written product description remains dispositive. Determination To Revoke Pursuant to section 751(c)(3)(A) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.218(d)(1)(iii)(B)(3), if no domestic interested party files a notice of intent to participate, the Department shall, within 90 days after the initiation of the review, issue a final determination revoking the order. Because the domestic interested parties did not file a notice of intent to participate in this sunset review, the Department finds that no domestic interested party is participating in this sunset review. Therefore, consistent with 19 CFR 351.222(i)(1)(i) and section 751(c)(3)(A) of the Act, we are revoking this antidumping duty order. The effective date of revocation is September 20, 2009, the fifth anniversary of the date of publication in the Federal Register of the most recent notice of continuation of this antidumping duty order. PWALKER on DSK8KYBLC1PROD with NOTICES Effective Date of Revocation Pursuant to section 751(c)(3)(A) of the Act and 19 CFR 351.222(i)(2)(i), the Department will issue instructions to U.S. Customs and Border Protection, 15 days after publication of the notice, to terminate the suspension of liquidation of the merchandise subject to this order entered, or withdrawn from warehouse, on or after September 20, 2009. Entries of subject merchandise prior to the effective date of revocation will continue to be subject to suspension of liquidation and antidumping duty deposit requirements. The Department will complete any pending administrative reviews of this order and will conduct administrative reviews of subject merchandise entered prior to the effective date of revocation in response to appropriately filed requests for review. This five-year (sunset) review and notice are in accordance with sections 751(c) and 777(i)(1) of the Act. Dated: September 24, 2009. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. E9–23695 Filed 9–30–09; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Docket 45–2008] Foreign-Trade Zone 72—Indianapolis, IN; Termination of Review of Application for Subzone GETRAG Transmission Manufacturing LLC (Automotive Transmissions), Tipton, IN Notice is hereby given of termination of review of an application submitted by the Indianapolis Airport Authority, grantee of FTZ 72, requesting specialpurpose subzone status for the automotive transmission manufacturing plant of GETRAG Transmission Manufacturing LLC, located in Tipton, Indiana. The application was filed on August 8, 2008 (73 FR 48194, 8–18–08). The termination is a result of changed circumstances, and the case has been closed without prejudice. DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (‘‘Sunset’’) Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In accordance with section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department of Commerce (‘‘the Department’’) is automatically initiating a five-year review (‘‘Sunset Review’’) of the antidumping duty order listed below. The International Trade Commission (‘‘the Commission’’) is publishing concurrently with this notice its notice of Institution of Five-Year Review which covers the same order. DATES: Effective Date: October 1, 2009. FOR FURTHER INFORMATION CONTACT: The Department official identified in the Initiation of Review section below at AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Ave., NW., Washington, DC 20230. For information from the Commission contact Mary Messer, Office of Investigations, U.S. International Trade Commission at (202) 205–3193. SUPPLEMENTARY INFORMATION: Background Dated: September 24, 2009. Pierre V. Duy, Acting Executive Secretary. [FR Doc. E9–23697 Filed 9–30–09; 8:45 am] The Department’s procedures for the conduct of Sunset Reviews are set forth in its Procedures for Conducting FiveYear (‘‘Sunset’’) Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516 (March 20, 1998) and 70 FR 62061 (October 28, 2005). Guidance on methodological or analytical issues relevant to the Department’s conduct of Sunset Reviews is set forth in the Department’s Policy Bulletin 98.3—Policies Regarding the Conduct of Five-Year (‘‘Sunset’’) Reviews of Antidumping and Countervailing Duty Orders: Policy Bulletin, 63 FR 18871 (April 16, 1998). BILLING CODE 3510–DS–P Initiation of Review In accordance with 19 CFR 351.218(c), we are initiating the Sunset Review of the following antidumping duty order: DOC Case No. ITC Case No. Country Product A–337–804 ....... 731–TA–776 ..... Chile ................. A–533–813 ....... 731–TA–777 ..... India .................. A–560–802 ....... 731–TA–778 ..... Indonesia .......... Certain Preserved Mushrooms (2nd Review). Certain Preserved Mushrooms (2nd Review). Certain Preserved Mushrooms (2nd Review). VerDate Nov<24>2008 19:32 Sep 30, 2009 Jkt 217001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 Department contact Brandon Farlander (202) 482–0182. Brandon Farlander (202) 482–0182. Brandon Farlander (202) 482–0182. E:\FR\FM\01OCN1.SGM 01OCN1

Agencies

[Federal Register Volume 74, Number 189 (Thursday, October 1, 2009)]
[Notices]
[Pages 50775-50776]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23695]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-357-405]


Barbed Wire and Barbless Fencing Wire From Argentina: Final 
Results of Sunset Review and Revocation of Order

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

SUMMARY: On August 3, 2009, the Department of Commerce (Department) 
initiated the sunset review of the antidumping duty order on barbed 
wire and barbless fencing wire from Argentina. Because the domestic 
interested parties did not participate in this sunset review, the 
Department is revoking this antidumping duty order.

FOR FURTHER INFORMATION CONTACT: Steve Bezirganian, AD/CVD Operations, 
Office 7, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street & Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-1131.

SUPPLEMENTARY INFORMATION:

Background

    On November 13, 1985, the Department issued an antidumping duty 
order on barbed wire and barbless fencing wire from Argentina. See 
Antidumping Duty Order: Barbed Wire and Barbless Fencing Wire From 
Argentina, 50 FR 46808 (Nov. 13, 1985). On September 20, 2004, the 
Department published its most recent continuation of the order. See 
Continuation of Antidumping Duty Order: Barbed Wire and Barbless 
Fencing Wire From Argentina, 69 FR 56190 (Sep. 20, 2004). On August 3, 
2009, the Department initiated a sunset review of this order. See 
Initiation of Five-Year (``Sunset'') Review, 74 FR 38401 (Aug. 3, 
2009).
    We did not receive a notice of intent to participate from domestic 
interested parties in this sunset review by the

[[Page 50776]]

deadline date. As a result, in accordance with 19 CFR 
351.218(d)(1)(iii)(A), the Department determined that no domestic 
interested party intends to participate in the sunset review, and on 
August 21, 2009, we notified the International Trade Commission, in 
writing, that we intended to issue a final determination revoking this 
antidumping duty order. See 19 CFR 351.218(d)(1)(iii)(B)(2).

Scope of the Order

    The merchandise covered by this order is barbed wire and barbless 
fencing wire from Argentina, which is currently classifiable under 
Harmonized Tariff Schedule of the United States (HTSUS) item number 
7313.00.00. The HTSUS number is provided for convenience and customs 
purposes. The written product description remains dispositive.

Determination To Revoke

    Pursuant to section 751(c)(3)(A) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.218(d)(1)(iii)(B)(3), if no domestic 
interested party files a notice of intent to participate, the 
Department shall, within 90 days after the initiation of the review, 
issue a final determination revoking the order. Because the domestic 
interested parties did not file a notice of intent to participate in 
this sunset review, the Department finds that no domestic interested 
party is participating in this sunset review. Therefore, consistent 
with 19 CFR 351.222(i)(1)(i) and section 751(c)(3)(A) of the Act, we 
are revoking this antidumping duty order. The effective date of 
revocation is September 20, 2009, the fifth anniversary of the date of 
publication in the Federal Register of the most recent notice of 
continuation of this antidumping duty order.

Effective Date of Revocation

    Pursuant to section 751(c)(3)(A) of the Act and 19 CFR 
351.222(i)(2)(i), the Department will issue instructions to U.S. 
Customs and Border Protection, 15 days after publication of the notice, 
to terminate the suspension of liquidation of the merchandise subject 
to this order entered, or withdrawn from warehouse, on or after 
September 20, 2009. Entries of subject merchandise prior to the 
effective date of revocation will continue to be subject to suspension 
of liquidation and antidumping duty deposit requirements. The 
Department will complete any pending administrative reviews of this 
order and will conduct administrative reviews of subject merchandise 
entered prior to the effective date of revocation in response to 
appropriately filed requests for review.
    This five-year (sunset) review and notice are in accordance with 
sections 751(c) and 777(i)(1) of the Act.

    Dated: September 24, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-23695 Filed 9-30-09; 8:45 am]
BILLING CODE 3510-DS-P