New Pneumatic Off-the-Road Tires from the People's Republic of China: Initiation of New Shipper Review, 56575-56576 [E9-26292]

Download as PDF srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 74, No. 210 / Monday, November 2, 2009 / Notices In accordance with section 351.213(b) of the regulations, an interested party, as defined by section 771(9) of the Act may request in writing that the Secretary conduct an administrative review. For both antidumping and countervailing duty reviews, the interested party must specify the individual producers or exporters covered by an antidumping finding or an antidumping or countervailing duty order or suspension agreement for which it is requesting a review. In addition, a domestic interested party or an interested party described in section 771(9)(B) of the Act must state why it desires the Secretary to review those particular producers or exporters.2 If the interested party intends for the Secretary to review sales of merchandise by an exporter (or a producer if that producer also exports merchandise from other suppliers) which were produced in more than one country of origin and each country of origin is subject to a separate order, then the interested party must state specifically, on an order–by-order basis, which exporter(s) the request is intended to cover. Please note that, for any party the Department was unable to locate in prior segments, the Department will not accept a request for an administrative review of that party absent new information as to the party’s location. Moreover, if the interested party who files a request for review is unable to locate the producer or exporter for which it requested the review, the interested party must provide an explanation of the attempts it made to locate the producer or exporter at the same time it files its request for review, in order for the Secretary to determine if the interested party’s attempts were reasonable, pursuant to 19 CFR 351.303(f)(3)(ii). As explained in Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), the Department has clarified its practice with respect to the collection of final antidumping duties on imports of merchandise where intermediate firms are involved. The public should be aware of this clarification in determining whether to request an administrative review of merchandise subject to antidumping findings and orders. See also the Import 2 If the review request involves a non-market economy and the parties subject to the review request do not qualify for separate rates, all other exporters of subject merchandise from the nonmarket economy country who do not have a separate rate will be covered by the review as part of the single entity of which the named firms are a part. VerDate Nov<24>2008 17:03 Oct 30, 2009 Jkt 220001 Administration web site at http:// www.trade.gov/ia. Six copies of the request should be submitted to the Assistant Secretary for Import Administration, International Trade Administration, Room 1870, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW, Washington, DC 20230. The Department also asks parties to serve a copy of their requests to the Office of Antidumping/ Countervailing Operations, Attention: Sheila Forbes, in room 3065 of the main Commerce Building. Further, in accordance with section 351.303(f)(l)(i) of the regulations, a copy of each request must be served on every party on the Department’s service list. The Department will publish in the Federal Register a notice of ‘‘Initiation of Administrative Review of Antidumping or Countervailing Duty Orders, Findings, or Suspended Investigations’’ for requests received by the last day of November 2009. If the Department does not receive, by the last day of November 2009, a request for review of entries covered by an order, finding, or suspended investigation listed in this notice and for the period identified above, the Department will instruct the CBP to assess antidumping or countervailing duties on those entries at a rate equal to the cash deposit of (or bond for) estimated antidumping or countervailing duties required on those entries at the time of entry, or withdrawal from warehouse, for consumption and to continue to collect the cash deposit previously ordered. For the first administrative review of any order, there will be no assessment of antidumping or countervailing duties on entries of subject merchandise entered, or withdrawn from warehouse, for consumption during the relevant provisional-measures ‘‘gap’’ period, of the order, if such a gap period is applicable to the period of review. This notice is not required by statute but is published as a service to the international trading community. Dated: October 26, 2009. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. E9–26345 Filed 10–30–09; 8:45 am] BILLING CODE 3510–DS–S PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 56575 DEPARTMENT OF COMMERCE International Trade Administration A–570–912 New Pneumatic Off-the-Road Tires from the People’s Republic of China: Initiation of New Shipper Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: November 2, 2009. SUMMARY: The Department of Commerce (the ‘‘Department’’) has determined that a request for a new shipper review of the antidumping duty order on new pneumatic off-the-road tires from the People’s Republic of China (‘‘PRC’’), received on September 30, 2009, meets the statutory and regulatory requirements for initiation. The period of review (‘‘POR’’) of this new shipper review is February 20, 2008, through August 31, 2009. FOR FURTHER INFORMATION CONTACT: John Hollwitz or Charles Riggle, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–2336 and (202) 482–0650, respectively. SUPPLEMENTARY INFORMATION: Background The notice announcing the antidumping duty order on new pneumatic off-;the-road tires from the PRC was published in the Federal Register on September 4, 2008. See Certain New Pneumatic Off-the-Road Tires From the People’s Republic of China: Notice of Amended Final Affirmative Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 73 FR 51624 (September 4, 2008). On September 30, 2009, we received a timely request for a new shipper review from Yituo Orient Good Friend Tyre Co., Ltd. (‘‘Yituo’’) in accordance with 19 CFR 351.214(c) and 351.214(d). Yituo has certified that it produced all of the new pneumatic off– the-road tires it exported which is the basis for its request for a new shipper review. Pursuant to the requirements set forth in 19 CFR 351.214(b)(2)(i)(d), 19 CFR 351.214(b)(2)(ii) and 19CFR 351.214(b)2(iii), in its request for a new shipper review, Yituo, as an exporter and producer, certified that (1) it did not export new pneumatic off-the-road tires to the United States during the period of investigation (‘‘POI’’); (2) since the initiation of the investigation, Yituo has E:\FR\FM\02NON1.SGM 02NON1 56576 Federal Register / Vol. 74, No. 210 / Monday, November 2, 2009 / Notices srobinson on DSKHWCL6B1PROD with NOTICES never been affiliated with any company that exported subject merchandise to the United States during the POI; and (3) its export activities were not controlled by the central government of the PRC. In accordance with 19 CFR 351.214(b)(2)(iv), Yituo submitted documentation establishing the following: (1) the date on which it first shipped new pneumatic off-;the-road tires for export to the United States and the date on which the new pneumatic off-the-road tires were first entered, or withdrawn from warehouse, for consumption; (2) the volume of its first shipment; and (3) the date of its first sale to an unaffiliated customer in the United States. Initiation of New Shipper Review Pursuant to section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the ‘‘Act’’) and 19 CFR 351.214(d)(1), we find that the request submitted by Yituo meets the threshold requirements for initiation of a new shipper review for shipments of new pneumatic off-theroad tires from the PRC produced and exported by Yituo. See Memorandum to the File through Wendy Frankel, Office Director, New Shipper Initiation Checklist, dated concurrently with this notice. The POR is February 20, 2008, through August 31, 2009. See 19 CFR 351.214(g)(1)(i)(A). The Department will conduct this review according to the deadlines set forth in section 751(a)(2)(B)(iv) of the Act. It is the Department’s usual practice, in cases involving non-market economies, to require that a company seeking to establish eligibility for an antidumping duty rate separate from the country-wide rate provide evidence of de jure and de facto absence of government control over the company’s export activities. Accordingly, we will issue questionnaires to Yituo, which will include separate rate sections. The review will proceed if the response provides sufficient indication that Yituo is not subject to either de jure or de facto government control with respect to its export of new pneumatic off-the-road tires. We will instruct U.S. Customs and Border Protection to allow, at the option of the importer, the posting, until the completion of the review, of a bond or security in lieu of a cash deposit for each entry of the subject merchandise from Yituo in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Yituo certified that it both produced and exported the subject merchandise, the sale of which is the basis for this new shipper review request, we will apply the bonding privilege to Yituo only for subject VerDate Nov<24>2008 17:03 Oct 30, 2009 Jkt 220001 merchandise which Yituo both produced and exported. Interested parties requiring access to proprietary information in this new shipper review should submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 19 CFR 351.306. This initiation and notice are in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 19 CFR 351.221(c)(1)(i). Dated: October 27, 2009. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. E9–26292 Filed 10–30–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration (C–570–946) Pre-Stressed Concrete Steel Wire Strand from the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of pre-stressed concrete steel wire strand (PC strand) from the People’s Republic of China (PRC). For information on the estimated subsidy rates, see the ‘‘Suspension of Liquidation’’ section of this notice. EFFECTIVE DATE: November 2, 2009. FOR FURTHER INFORMATION CONTACT: Robert Copyak or Jolanta Lawska, AD/ CVD Operations, Office 3, Operations, Import Administration, U.S. Department of Commerce, Room 4014, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–2209 and (202) 482–8362, respectively. SUPPLEMENTARY INFORMATION: Case History On May 27, 2009, the Department received a petition in proper form by the petitioners.1 This investigation was initiated on June 16, 2009. See PreStressed Concrete Steel Wire Strand From the People’s Republic of China: 1 Petitioners are American Spring Wire Corp., Insteel Wire Products Company, and Sumiden Wire Products Corp. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Initiation of Countervailing Duty Investigation, 74 FR 29670 (June 23, 2009) (Initiation), and accompanying Initiation Checklist.2 On August 12, 2009, we postponed the deadline for the preliminary determination by 65 days to no later than October 24, 2009.3 See PreStressed Concrete Steel Wire Strand From the Peoples Republic of China: Notice of Postponement of Preliminary Determination in the Countervailing Duty Investigation, 74 FR 40567 (August 12, 2009). Due to the large number of producers and exporters of PC strand in the PRC, we determined that it was not possible to investigate individually each producer or exporter and, therefore, selected two producers/exporters of PC strand to be mandatory respondents: Fasten Group Import & Export Co., Ltd. (Fasten I&E) and Xinhua Metal Products Company (Xinhua). See Memorandum through Melissa G. Skinner, Director, Operations, Office 3, to John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, regarding ‘‘Respondent Selection,’’ (July 2, 2009).4 On July 2, 2009, we issued the initial countervailing duty (CVD) questionnaire to the Government of the People’s Republic of China (GOC) and the mandatory respondents. On August 4, 2009, Xinhua submitted its initial questionnaire response. On August 24, 2009, the GOC and Fasten I&E submitted its initial questionnaire responses.5 Regarding the GOC, we issued supplemental questionnaires on September 2, 8, 15, 18, 22, and 29, 2009, to which the GOC submitted responses on September 29, 2009, and October 13, 15, and 19. Regarding the Fasten Companies, we issued supplemental questionnaires on September 11, and 14 2009, as well as October 1, 2, 9, and 16, 2009, to which the Fasten Companies responded on September 14, 22, 24, 2009, and October 13, 15, and 19, 2009. In the September 11, 2009, supplemental questionnaire the Department instructed the Fasten 2 A public version of this and all public Departmental memoranda is on file in the Central Records Unit (CRU), room 1117 in the main building of the Commerce Department. 3 October 24, 2009, falls on a weekend. Therefore the actual signature date is October 26, 2009. 4 A public version of this memorandum is available in the CRU. 5 Included with the initial questionnaire of Fasten I&E were questionnaire responses from the Fasten Group Corporation (Fasten Corp.), Jiangyin Fasten Steel (Fasten Steel), Jiangyin Hongyu Metal Products Co., Ltd. (Hongyu Metal), and Jiangyin Walsin Steel Cable Co., Ltd. (Walsin). In this preliminary determination, we refer to the aforementioned companies and Jiangyin Hongsheng Co., Ltd. (Hongsheng) as the Fasten Companies. E:\FR\FM\02NON1.SGM 02NON1

Agencies

[Federal Register Volume 74, Number 210 (Monday, November 2, 2009)]
[Notices]
[Pages 56575-56576]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26292]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-912


New Pneumatic Off-the-Road Tires from the People's Republic of 
China: Initiation of New Shipper Review

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

EFFECTIVE DATE: November 2, 2009.
SUMMARY: The Department of Commerce (the ``Department'') has determined 
that a request for a new shipper review of the antidumping duty order 
on new pneumatic off-the-road tires from the People's Republic of China 
(``PRC''), received on September 30, 2009, meets the statutory and 
regulatory requirements for initiation. The period of review (``POR'') 
of this new shipper review is February 20, 2008, through August 31, 
2009.

FOR FURTHER INFORMATION CONTACT: John Hollwitz or Charles Riggle, AD/
CVD Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
2336 and (202) 482-0650, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The notice announcing the antidumping duty order on new pneumatic 
off-;the-road tires from the PRC was published in the Federal Register 
on September 4, 2008. See Certain New Pneumatic Off-the-Road Tires From 
the People's Republic of China: Notice of Amended Final Affirmative 
Determination of Sales at Less Than Fair Value and Antidumping Duty 
Order, 73 FR 51624 (September 4, 2008). On September 30, 2009, we 
received a timely request for a new shipper review from Yituo Orient 
Good Friend Tyre Co., Ltd. (``Yituo'') in accordance with 19 CFR 
351.214(c) and 351.214(d). Yituo has certified that it produced all of 
the new pneumatic off-the-road tires it exported which is the basis for 
its request for a new shipper review.
    Pursuant to the requirements set forth in 19 CFR 
351.214(b)(2)(i)(d), 19 CFR 351.214(b)(2)(ii) and 19CFR 
351.214(b)2(iii), in its request for a new shipper review, Yituo, as an 
exporter and producer, certified that (1) it did not export new 
pneumatic off-the-road tires to the United States during the period of 
investigation (``POI''); (2) since the initiation of the investigation, 
Yituo has

[[Page 56576]]

never been affiliated with any company that exported subject 
merchandise to the United States during the POI; and (3) its export 
activities were not controlled by the central government of the PRC.
    In accordance with 19 CFR 351.214(b)(2)(iv), Yituo submitted 
documentation establishing the following: (1) the date on which it 
first shipped new pneumatic off-;the-road tires for export to the 
United States and the date on which the new pneumatic off-the-road 
tires were first entered, or withdrawn from warehouse, for consumption; 
(2) the volume of its first shipment; and (3) the date of its first 
sale to an unaffiliated customer in the United States.

Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Tariff Act of 1930, as 
amended (the ``Act'') and 19 CFR 351.214(d)(1), we find that the 
request submitted by Yituo meets the threshold requirements for 
initiation of a new shipper review for shipments of new pneumatic off-
the-road tires from the PRC produced and exported by Yituo. See 
Memorandum to the File through Wendy Frankel, Office Director, New 
Shipper Initiation Checklist, dated concurrently with this notice. The 
POR is February 20, 2008, through August 31, 2009. See 19 CFR 
351.214(g)(1)(i)(A). The Department will conduct this review according 
to the deadlines set forth in section 751(a)(2)(B)(iv) of the Act.
    It is the Department's usual practice, in cases involving non-
market economies, to require that a company seeking to establish 
eligibility for an antidumping duty rate separate from the country-wide 
rate provide evidence of de jure and de facto absence of government 
control over the company's export activities. Accordingly, we will 
issue questionnaires to Yituo, which will include separate rate 
sections. The review will proceed if the response provides sufficient 
indication that Yituo is not subject to either de jure or de facto 
government control with respect to its export of new pneumatic off-the-
road tires.
    We will instruct U.S. Customs and Border Protection to allow, at 
the option of the importer, the posting, until the completion of the 
review, of a bond or security in lieu of a cash deposit for each entry 
of the subject merchandise from Yituo in accordance with section 
751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Yituo 
certified that it both produced and exported the subject merchandise, 
the sale of which is the basis for this new shipper review request, we 
will apply the bonding privilege to Yituo only for subject merchandise 
which Yituo both produced and exported.
    Interested parties requiring access to proprietary information in 
this new shipper review should submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305 and 
19 CFR 351.306.
    This initiation and notice are in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 19 CFR 351.221(c)(1)(i).

    Dated: October 27, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-26292 Filed 10-30-09; 8:45 am]
BILLING CODE 3510-DS-S