Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Partial Rescission of Countervailing Duty Administrative Review, 846-847 [E9-31416]

Download as PDF 846 Federal Register / Vol. 75, No. 3 / Wednesday, January 6, 2010 / Notices entries of subject merchandise without regard to antidumping duties, in accordance with 19 CFR 351.106(c)(2). We intend to instruct CBP to liquidate entries containing subject merchandise exported by the PRC-wide entity at the PRC-wide rate we determine in the final results of this review. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of review. 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publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For CPZ, the cash deposit rate will be 24.62 percent, as listed above; (2) for previously investigated or reviewed PRC and nonPRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (3) for all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the PRCwide rate of 92.84 percent; and 4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. The deposit requirements shall remain in effect until further notice. jlentini on DSKJ8SOYB1PROD with NOTICES Notification to Importers This notice also 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 the antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties This notice also serves as a reminder to parties subject to administrative protective orders (‘‘APOs’’) of their responsibility concerning the return or destruction of proprietary information disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment VerDate Nov<24>2008 16:28 Jan 05, 2010 Jkt 220001 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. Disclosure We will disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). We are issuing and publishing the final results and notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: December 28, 2009. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. Appendix I Comment 1: Country of Origin Comment 2: Surrogate Value for Steel Bar Comment 3: Surrogate Value for Wire Rod Comment 4: Surrogate Value for Tube Steel Comment 5: Calculation of Factors of Production for Tube Steel and Steel Bar Comment 6: Assessment Rate Calculation [FR Doc. E9–31417 Filed 1–5–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–913] Certain New Pneumatic Off-the-Road Tires From the People’s Republic of China: Partial Rescission of Countervailing Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is rescinding, in part, the administrative review of the countervailing duty order on Certain New Pneumatic Off-the-Road Tires (OTR Tires) from the People’s Republic of China (PRC) for the period December 17, 2007 through December 31, 2008, with respect to the following six companies: 1. Aeolus Tyre Co. Ltd. (Aeolus) 2. Guizhou Tire Co. Ltd. (GTC) 3. Jiangsu Feichi Co., Ltd. (Feichi) 4. Shandong Huitong Tyre Co., Ltd. (Huitong) 5. Tianjin Wanda Tyre Co., Ltd. (Wanda) 6. Triangle Tyre Co., Ltd. (Triangle). This partial rescission is based on GPX International Tire Corporation’s PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 (GPX) withdrawal of its request for a review. DATES: Effective Date: January 6, 2010. FOR FURTHER INFORMATION CONTACT: Andrew Huston, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–4261. SUPPLEMENTARY INFORMATION: Background The Department published a notice of opportunity to request an administrative review of the countervailing duty order on OTR Tires from the PRC. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 74 FR 45179 (September 1, 2009). GPX timely requested an administrative review of the countervailing duty order on OTR Tires from the PRC for the period December 17, 2007 through December 31, 2008. In accordance with section 751(a)(1) of the Tariff Act of 1930, as amended, (the Act) and 19 CFR 351.221(c)(1)(i), the Department published a notice initiating an administrative review of the countervailing duty order. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 74 FR 54956 (October 26, 2009). Rescission, in Part, 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). GPX, the only party to request a review of Aeolus, GTC, Feichi, Huitong, Wanda and Triangle, timely withdrew its request for a review within the 90-day deadline. Therefore, in accordance with 19 CFR 351.213(d)(1), the Department is rescinding this administrative review of the countervailing duty order with respect to these six companies. This administrative review will continue with respect to Hebei Starbright Tire Co., Ltd., Hanghzou Zhongce Rubber Co., Ltd. and Tianjin United Tire & Rubber International Co. Assessment The Department will instruct U.S. Customs and Border Protection (CBP) to assess countervailing duties on all appropriate entries. For Aeolus, GTC, E:\FR\FM\06JAN1.SGM 06JAN1 Federal Register / Vol. 75, No. 3 / Wednesday, January 6, 2010 / Notices Feichi, Huitong, Wanda and Triangle, countervailing duties shall be assessed, if applicable, at rates equal to the cash deposit or bonding rate of the estimated countervailing duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice. Notification Regarding Administrative Protective Order This notice serves as a final reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment 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 Act, and 19 CFR 351.213(d)(4). Dated: December 30, 2009. Susan H. Kuhbach, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. E9–31416 Filed 1–5–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–947] jlentini on DSKJ8SOYB1PROD with NOTICES Certain Steel Grating From the People’s Republic of China: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination AGENCY: Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: January 6, 2010. SUMMARY: The Department of Commerce (‘‘the Department’’) preliminarily determines that certain steel grating (‘‘steel grating’’) from the People’s Republic of China (‘‘PRC’’) are being, or are likely to be, sold in the United States at less than fair value (‘‘LTFV’’), as provided in section 733 of the Tariff Act of 1930, as amended (‘‘Act’’). The VerDate Nov<24>2008 16:28 Jan 05, 2010 Jkt 220001 estimated margins of sales at LTFV are shown in the ‘‘Preliminary Determination’’ section of this notice. Interested parties are invited to comment on this preliminary determination. FOR FURTHER INFORMATION CONTACT: Thomas Martin or Zhulieta Willbrand, AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–3936 or (202) 482– 3147, respectively. SUPPLEMENTARY INFORMATION: Background On May 29, 2009, Fisher & Ludlow and Alabama Metal Industries Corporation (hereafter referred to as ‘‘Petitioners’’) filed an antidumping duty petition on PRC imports of steel grating. See the Petitions for the Imposition of Antidumping and Countervailing Duties: Certain Steel Grating from the PRC (‘‘the Petition’’). The Department initiated an antidumping duty investigation of steel grating on June 25, 2009. See Certain Steel Grating from the People’s Republic of China: Initiation of Antidumping Duty Investigation, 74 FR 30273 (June 25, 2009) (‘‘Initiation Notice’’). On July 15, 2009, the United States International Trade Commission (‘‘ITC’’) issued its affirmative preliminary determination that there is a reasonable indication that an industry in the United States is threatened with material injury by reason of imports from the PRC of steel grating. The ITC’s determination was published in the Federal Register on July 20, 2009. See Certain Steel Grating from China, 74 FR 35204 (July 20, 2009); see also Certain Steel Grating from China: Investigation Nos. 701–TA–465 and 731–TA–1161 (Preliminary), USITC Publication 4087 (July 2009). On July 9, 2009, we received comments from Petitioners regarding product characteristics. On July 16, 2009, we received rebuttal comments from Ningbo Jiulong Machinery Manufacturing Co., Ltd. (‘‘Ningbo Jiulong’’) regarding product characteristics. On July 23, 2009, we received additional comments from Petitioners regarding product characteristics. In the Initiation Notice, the Department stated that it intended to select respondents based on quantity and value (‘‘Q&V’’) questionnaires. See Initiation Notice, 74 FR at 30277. On June 19, 2009, the Department requested Q&V information from the sixteen PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 847 companies that Petitioners identified as potential exporters or producers of steel grating from the PRC. See Petition at Vol 1., Exhibit 5. Additionally, the Department also posted the Q&V questionnaire for this investigation on its Web site at http://ia.ita.doc.gov/iahighlights-and-news.html. The Department received timely Q&V responses from six exporters that shipped merchandise under investigation to the United States during the period of investigation (‘‘POI’’), and from one company that stated it had no shipments of merchandise under investigation to the United States during the POI. On July 31, 2009, the Department selected Shanghai DAHE Grating Co., Ltd. (‘‘Shanghai DAHE’’) and Ningbo Jiulong Machinery Manufacturing Co., Ltd. (‘‘Ningbo Jiulong’’) as mandatory respondents in this investigation. See Memorandum to the File, from Thomas Martin, International Trade Compliance Analyst, through Robert Bolling, Program Manager, to Abdelali Elouaradia, Director, Office 4, regarding Selection of Respondents for the Antidumping Investigation of Certain Steel Grating from the People’s Republic of China, dated July 31, 2009 (‘‘Respondent Selection Memo’’). On July 31, 2009, the Department issued its antidumping duty questionnaire to Shanghai DAHE and Ningbo Jiulong. On August 18, 2009, Shanghai DAHE filed a letter stating that it would not participate as a mandatory respondent in this investigation. See Letter to the Department from Shanghai DAHE, dated August 12, 2009. On August 21, 2009, Ningbo Jiulong submitted a timely response to section A of the Department’s antidumping questionnaire. On September 22, 2009, timely responses to sections C and D of the Department’s antidumping questionnaire were submitted by Ningbo Jiulong. Between August 7, 2009, and September 9, 2009, we received timely filed separate-rate applications from four companies: Sinosteel Yantai Steel Grating Co., Ltd. (‘‘Sinosteel’’); Ningbo Haitian International Co., Ltd. (‘‘Ningbo Haitian’’); Shenyang Yuanda Aluminum Industry Engineering Co., Ltd. (‘‘Shenyang Yuanda’’); and Yantai Xinke Steel Structure Co., Ltd. (‘‘Yantai Xinke’’). The Department issued supplemental questionnaires and received responses from Sinosteel, Ningbo Haitian, and Yantai Xinke, between September 2009 and November 2009. From September 2009 through December 2009, Petitioners submitted comments to the Department regarding Ningbo Jiulong’s E:\FR\FM\06JAN1.SGM 06JAN1

Agencies

[Federal Register Volume 75, Number 3 (Wednesday, January 6, 2010)]
[Notices]
[Pages 846-847]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-31416]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-913]


Certain New Pneumatic Off-the-Road Tires From the People's 
Republic of China: Partial Rescission of Countervailing Duty 
Administrative Review

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

SUMMARY: The Department of Commerce (the Department) is rescinding, in 
part, the administrative review of the countervailing duty order on 
Certain New Pneumatic Off-the-Road Tires (OTR Tires) from the People's 
Republic of China (PRC) for the period December 17, 2007 through 
December 31, 2008, with respect to the following six companies:
    1. Aeolus Tyre Co. Ltd. (Aeolus)
    2. Guizhou Tire Co. Ltd. (GTC)
    3. Jiangsu Feichi Co., Ltd. (Feichi)
    4. Shandong Huitong Tyre Co., Ltd. (Huitong)
    5. Tianjin Wanda Tyre Co., Ltd. (Wanda)
    6. Triangle Tyre Co., Ltd. (Triangle).
    This partial rescission is based on GPX International Tire 
Corporation's (GPX) withdrawal of its request for a review.

DATES: Effective Date: January 6, 2010.

FOR FURTHER INFORMATION CONTACT: Andrew Huston, AD/CVD Operations, 
Office 6, Import Administration, International Trade Administration, 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-4261.

SUPPLEMENTARY INFORMATION:

Background

    The Department published a notice of opportunity to request an 
administrative review of the countervailing duty order on OTR Tires 
from the PRC. See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative Review, 
74 FR 45179 (September 1, 2009). GPX timely requested an administrative 
review of the countervailing duty order on OTR Tires from the PRC for 
the period December 17, 2007 through December 31, 2008.
    In accordance with section 751(a)(1) of the Tariff Act of 1930, as 
amended, (the Act) and 19 CFR 351.221(c)(1)(i), the Department 
published a notice initiating an administrative review of the 
countervailing duty order. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Requests for Revocation 
in Part, 74 FR 54956 (October 26, 2009).

Rescission, in Part, 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). GPX, 
the only party to request a review of Aeolus, GTC, Feichi, Huitong, 
Wanda and Triangle, timely withdrew its request for a review within the 
90-day deadline. Therefore, in accordance with 19 CFR 351.213(d)(1), 
the Department is rescinding this administrative review of the 
countervailing duty order with respect to these six companies. This 
administrative review will continue with respect to Hebei Starbright 
Tire Co., Ltd., Hanghzou Zhongce Rubber Co., Ltd. and Tianjin United 
Tire & Rubber International Co.

Assessment

    The Department will instruct U.S. Customs and Border Protection 
(CBP) to assess countervailing duties on all appropriate entries. For 
Aeolus, GTC,

[[Page 847]]

Feichi, Huitong, Wanda and Triangle, countervailing duties shall be 
assessed, if applicable, at rates equal to the cash deposit or bonding 
rate of the estimated countervailing duties required at the time of 
entry, or withdrawal from warehouse, for consumption, in accordance 
with 19 CFR 351.212(c)(1)(i). The Department intends to issue 
appropriate assessment instructions directly to CBP 15 days after 
publication of this notice.

Notification Regarding Administrative Protective Order

    This notice serves as a final reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern 
business proprietary information in this segment 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 Act, and 19 CFR 351.213(d)(4).

    Dated: December 30, 2009.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-31416 Filed 1-5-10; 8:45 am]
BILLING CODE 3510-DS-P