Certain Welded Carbon Steel Pipe and Tube from Turkey: Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review, 3896-3897 [2010-1343]
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3896
Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–851]
jlentini on DSKJ8SOYB1PROD with NOTICES
Certain Preserved Mushrooms from
the People’s Republic of China: Notice
of Court Decision Not in Harmony with
Final Results of Administrative Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce
SUMMARY: On January 5, 2010, the
United States Court of International
Trade (CIT) sustained the Department of
Commerce’s (the Department’s) results
of redetermination pursuant to the CIT’s
remand in Gerber Food (Yunnan) Co.,
Ltd. and Green Fresh (Zhangzhou) Co.,
Ltd. v. United States, Court No. 04–
00454 (May 5, 2009) (Gerber v. United
States Remand Order). See
Redetermination Pursuant to Court
Remand, dated July 24, 2009 (Remand
Redetermination) (found at https://
ia.ita.doc.gov/remands); and Gerber
Food (Yunnan) Co., Ltd. and Green
Fresh (Zhangzhou) Co., Ltd. v. United
States, Slip Op. 10–2 (January 5, 2010)
(Gerber v. United States II) . 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 results of the administrative review
of the antidumping duty order on
certain preserved mushrooms from the
People’s Republic of China (PRC)
covering the period of review (POR) of
February 1, 2002, through January 31,
2003. See Certain Preserved Mushrooms
from the People’s Republic of China:
Final Results of Sixth Antidumping
Duty New Shipper Review and Final
Results and Partial Rescission of the
Fourth Antidumping Duty
Administrative Review, 69 FR 54635
(September 9, 2004) (Final Results).
FOR FURTHER INFORMATION CONTACT:
Brian Smith, AD/CVD Operations,
Office 2, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington, DC, 20230; telephone (202)
482–1766.
SUPPLEMENTARY INFORMATION:
Background
On September 9, 2004, the
Department published its final results in
the antidumping duty administrative
review of certain preserved mushrooms
from the PRC covering the POR of
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16:23 Jan 22, 2010
Jkt 220001
February 1, 2002, through January 31,
2003 (fourth administrative review). See
Final Results. In the Final Results, the
Department applied total adverse facts
available (AFA) in calculating the cash
deposit and assessment rates for
respondent Gerber Food (Yunnan) Co.,
Ltd. (Gerber), and partial AFA in
calculating the cash deposit and
assessment rates for respondent Green
Fresh (Zhangzhou) Co., Ltd. (Green
Fresh). See Final Results, 69 FR at
54637–54638. The Department found
that Gerber and Green Fresh were
involved in a business arrangement/
scheme, commencing during the period
of the prior (third) administrative
review, that resulted in the
circumvention of the proper payment of
cash deposits on certain POR entries of
subject merchandise made by Gerber. As
either total or partial AFA, the
Department applied the PRC–wide-rate
of 198.63 percent to both companies.
Gerber and Green Fresh challenged the
Department’s resorting to the
application of AFA to determine their
cash deposit and assessment rates in the
Final Results.
In light of the CIT’s analysis in its
decisions in the litigation covering the
third administrative review (see Gerber
Food (Yunnan) Co., Ltd. and Green
Fresh (Zhangzhou) Co., Ltd. v. United
States, Slip Op. 08–97 (September 16,
2008) (Gerber v. United States I), which
concerned the same parties and many of
the same issues as those in the fourth
administrative review, and the factual
similarity between the administrative
records of the third and fourth
administrative reviews, the Government
of the United States requested a
voluntary remand, which the CIT
granted on May 5, 2009. See Gerber v.
United States Remand Order. Pursuant
to this remand order and consistent
with the Court’s analysis in Gerber v.
United States I, the Department issued
its final results of redetermination on
July 24, 2009. In this redetermination,
the Department recalculated the margin
for Gerber using a rate other than the
PRC–wide rate as partial AFA with
respect to only those sales of subject
merchandise made by Gerber during the
POR which were exported to the United
States using the invoices of Green Fresh.
The Department also recalculated the
margin for Green Fresh exclusive of the
application of AFA. The Department’s
redetermination resulted in changes to
the Final Results weighted–average
margins for Gerber from 198.63 percent
to 22.84 percent, and for Green Fresh
from 42.90 percent to 15.83 percent. See
Remand Determination at 1, and 4–7.
The CIT affirmed this redetermination
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on January 5, 2010. See Gerber v. United
States II at 3.
Timken Notice
In its decision in Timken, 893 F.2d at
341, the CAFC held that, pursuant to
section 516A(e) of the Tariff Act of
1930, as amended (the Act), the
Department must publish a notice of a
court decision that is not ‘‘in harmony’’
with a Department determination and
must suspend liquidation of entries
pending a ‘‘conclusive’’ court decision.
The CIT’s decision in Gerber v. United
States II constitutes a final decision of
that court that is not in harmony with
the Department’s Final Results. This
notice is published in fulfillment of the
publication requirements of Timken.
Accordingly, the Department will
continue the suspension of liquidation
of the subject merchandise pending the
expiration of the period of appeal or, if
appealed, pending a final and
conclusive court decision. In the event
the CIT’s ruling is not appealed or, if
appealed, upheld by the CAFC, the
Department will instruct U.S. Customs
and Border Protection to assess
antidumping duties on entries of the
subject merchandise during the POR
from Gerber and Green Fresh based on
the revised assessment rates calculated
by the Department. This notice of court
decision is effective January 15, 2010.
This notice is issued and published in
accordance with section 516A(c)(1) of
the Act.
Dated: January 19, 2010.
Ronald K. Lorentzen
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2010–1340 Filed 1–22–04; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–501]
Certain Welded Carbon Steel Pipe and
Tube from Turkey: Extension of Time
Limit for Preliminary Results of
Antidumping Duty Administrative
Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT: Joy
Zhang, or Christopher Hargett, AD/CVD
Operations, Office 3, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, Room 4014, 14th Street and
Constitution Ave., NW, Washington, DC
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25JAN1
Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Notices
20230, telephone: (202) 482–1168 or
(202) 482–4161, respectively.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF COMMERCE
Background
Transportation And Related Equipment
Technical Advisory Committee; Notice
of Partially Closed Meeting
Bureau of Industry and Security
On June 24, 2009, the U.S.
Department of Commerce (‘‘the
Department’’) published a notice of
initiation of the administrative review of
the antidumping duty order on certain
welded carbon steel pipe and tube from
Turkey covering the period May 1, 2008,
through April 30, 2009. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews and Request for
Revocation in Part, 74 FR 30052 (June
24, 2009). The preliminary results are
currently due no later than January 31,
2010.
Extension of Time Limit for Preliminary
Results
jlentini on DSKJ8SOYB1PROD 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 120 days.
We determine that completion of the
preliminary results of this review within
the 245-day period is not practicable for
the following reason. The respondent
claimed that during the period of
review, there were significant changes
in the total cost of manufacturing due to
significant changes in the cost of the
primary raw material, hot–rolled sheet.
This requires the Department to gather
and analyze a significant amount of
information pertaining to the company’s
sales practices and manufacturing costs.
Given the complexity of this issue, and
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 May 31, 2010. 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: January 19, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2010–1343 Filed 1–22–10; 8:45 am]
BILLING CODE 3510–DS–S
VerDate Nov<24>2008
16:23 Jan 22, 2010
Jkt 220001
The Transportation and Related
Equipment Technical Advisory
Committee will meet on February 10,
2010, 9:30 a.m., in the Herbert C.
Hoover Building, Room 6087B, 14th
Street between Constitution &
Pennsylvania Avenues, NW.,
Washington, DC. The Committee
advises the Office of the Assistant
Secretary for Export Administration
with respect to technical questions that
affect the level of export controls
applicable to transportation and related
equipment or technology.
Public Session
1. Welcome and Introductions.
2. Review Status of Working Groups.
3. Proposals from the Public.
Closed Session
4. Discussion of matters determined to
be exempt from the provisions relating
to public meetings found in 5 U.S.C.
app. 2 sections 10(a)(1) and 10(a)(3).
The open session will be accessible
via teleconference to 20 participants on
a first come, first serve basis. To join the
conference, submit inquiries to Ms.
Yvette Springer at
Yspringer@bis.doc.gov no later than
February 3, 2010. A limited number of
seats will be available during the public
session of the meeting. Reservations are
not accepted. To the extent time
permits, members of the public may
present oral statements to the
Committee. The public may submit
written statements at any time before or
after the meeting. However, to facilitate
distribution of publicpresentation
materials to Committee members, the
Committee suggests that presenters
forward the public presentation
materials prior to the meeting to Ms.
Springer via email.
The Assistant Secretary for
Administration, with the concurrence of
the delegate of the General Counsel,
formally determined on November 9,
2009, pursuant to section 10(d) of the
Federal Advisory Committee Act, as
amended (5 U.S.C. app. 2 section
(10)(d)), that the portion of the meeting
dealing with matters the disclosure of
portion of the meeting dealing with
matters the disclosure of which would
be likely to frustrate significantly
implementation of an agency action as
described in 5 U.S.C. 552b(c)(9)(B) shall
be exempt from the provisions relating
to public meetings found in 5 U.S.C.
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3897
app. 2 section 10(a)1 and 10(a)(3). The
remaining portions of the meeting will
be open to the public.
For more information, call Yvette
Springer at (202) 482–2813.
Dated: January 19, 2010.
Yvette Springer,
Committee Liaison Officer.
[FR Doc. 2010–1346 Filed 1–22–10; 8:45 am]
BILLING CODE 3510–JT–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN: 0648–XT94
Mid-Atlantic Fishery Management
Council; Public Meetings
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic
andAtmospheric Administration
(NOAA), Commerce.
ACTION: Notice of public meetings.
SUMMARY: The Mid-Atlantic Fishery
Management Council (Council) and its
Executive Committee will hold public
meetings.
DATES: The meetings will be held
Tuesday, February 9, 2010 through
Thursday, February 11, 2010. See
SUPPLEMENTARY INFORMATION for specific
dates and times.
ADDRESSES: The meetings will be held at
the Hyatt Regency Chesapeake Bay
Hotel, 100 Heron Blvd, Cambridge, MD
21613; telephone: (410) 901–1234
Council address: Mid-Atlantic Fishery
Management Council, 300 S. New St.,
Room 2115, Dover, DE 19904;
telephone: (302) 674–2331.
FOR FURTHER INFORMATION CONTACT:
Daniel T. Furlong, Executive Director,
Mid-Atlantic Fishery Management
Council; telephone: (302) 674–2331 ext.
19.
SUPPLEMENTARY INFORMATION:
Tuesday, February 9, 2010
9 a.m. until 10 a.m. -- The Executive
Committee will meet.
10 a.m. -- The Council will convene.
10 a.m. until 11 a.m. -- The Council
will receive the Standardized Bycatch
Reporting Methodology (SBRM) Annual
Report.
11 a.m. until 12 p.m. -- The Council
will hear a presentation on the peer
review of the Albatross/Bigelow vessel
calibration data and analyses including
summary results and recommendations.
1 p.m. until 5:30 p.m. -- There will be
a Council Workshop on the Research
Set-Aside (RSA) Program.
E:\FR\FM\25JAN1.SGM
25JAN1
]]>Agencies
[Federal Register Volume 75, Number 15 (Monday, January 25, 2010)]
[Notices]
[Pages 3896-3897]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1343]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-501]
Certain Welded Carbon Steel Pipe and Tube from Turkey: Extension
of Time Limit for Preliminary Results of Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT: Joy Zhang, or Christopher Hargett, AD/
CVD Operations, Office 3, Import Administration, International Trade
Administration, U.S. Department of Commerce, Room 4014, 14th Street and
Constitution Ave., NW, Washington, DC
[[Page 3897]]
20230, telephone: (202) 482-1168 or (202) 482-4161, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 24, 2009, the U.S. Department of Commerce (``the
Department'') published a notice of initiation of the administrative
review of the antidumping duty order on certain welded carbon steel
pipe and tube from Turkey covering the period May 1, 2008, through
April 30, 2009. See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 74 FR 30052
(June 24, 2009). The preliminary results are currently due no later
than January 31, 2010.
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 120
days.
We determine that completion of the preliminary results of this
review within the 245-day period is not practicable for the following
reason. The respondent claimed that during the period of review, there
were significant changes in the total cost of manufacturing due to
significant changes in the cost of the primary raw material, hot-rolled
sheet. This requires the Department to gather and analyze a significant
amount of information pertaining to the company's sales practices and
manufacturing costs. Given the complexity of this issue, and 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 May 31, 2010.
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: January 19, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-1343 Filed 1-22-10; 8:45 am]
BILLING CODE 3510-DS-S
