Initiation of Antidumping and Countervailing Duty Administrative Reviews, Request for Revocation in Part, and Deferral of Initiation of Administrative Review, 4770-4774 [2010-1898]
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4770
Federal Register / Vol. 75, No. 19 / Friday, January 29, 2010 / Notices
Prods., Inc. v. United States, Ct. No. 06–
00089, Slip Op. 07–40 (Ct. Int’l Trade
March 16, 2007) (‘‘Gleason I’’).
On first remand, the Department
reevaluated its position and determined
that both models of welding carts were
subject to the Order. The trial court
affirmed the first remand results for
model number 93851 in April 2008, but
remanded the matter to Commerce to
reexamine its findings for model 43615.
See Gleason Indus. Prods., Inc. v.
United States, 556 F. Supp. 2d 1344,
1347–49 (Ct. Int’l Trade 2008) (‘‘Gleason
II’’). Commerce subsequently issued a
second set of remand results in July
2008 in which it concluded that model
43615 lies outside of the scope of the
antidumping duty order on hand trucks
from the PRC. The trial court sustained
Commerce’s second remand results on
October 22, 2008. See Gleason III. The
United States Court of Appeals for the
Federal Circuit subsequently affirmed
the CIT’s judgment in November 2009.
See Gleason Indus. Prods. Inc. v. United
States, Ct. No. 2009–1150 (Fed. Cir.
November 4, 2009).
Timken Notice
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In its decision in Timken Co., v.
United States, 893 F. 2d 337, 341 (Fed.
Cir. 1990) (‘‘Timken’’), the United States
Court of Appeals for the Federal Circuit
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. The Court’s decision in
Gleason III on October 22, 2008,
constitutes a final decision of that court
that is not in harmony with the
Department’s scope ruling. This notice
is effective as of November 1, 2008 and
is published in fulfillment of the
publication requirements of Timken.
Accordingly, the Department will issue
revised instructions to U.S. Customs
and Border Protection if the Court’s
decision is not appealed or if it is
affirmed on appeal.
This notice is issued and published in
accordance with section 516A(c)(1) of
the Act.
Dated: January 22, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2010–1866 Filed 1–28–10; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XT74
Fisheries of the Exclusive Economic
Zone Off Alaska; Recordkeeping and
Reporting Requirements; Public
Workshops
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a technical workshop.
SUMMARY: NMFS, the Alaska Region, the
Alaska Department of Fish and Game,
and the International Pacific Halibut
Commission will present a technical
workshop to instruct customers how to
use the eLandings Extensible Markup
Language interface.
DATES: The workshop will be held on
February 5, 2010, 9 a.m. to 5 p.m.,
Pacific Standard Time.
ADDRESSES: The workshop will be held
at the Silver Cloud Inn Lake Union,
1150 Fairview Avenue North, Seattle,
WA.
FOR FURTHER INFORMATION CONTACT:
Susan Hall, 907–586–7462.
This is a
technical workshop intended for
seafood industry software development
and information technology staff, thirdparty system developers, seafood
operations managers, and information
technology consultants. The Extensible
Markup Language (XML) interface is
designed to facilitate an exchange of
landings and production data between
eLandings and the organizations’
operational systems to facilitate onetime data entry.
There will be a morning and an
afternoon session. The morning session
will include an overview of the
eLandings and the XML interface, as
well as some hands-on experience
importing XML documents. The
afternoon session will consist of handson programming, tutorials
demonstrating tools, and useful
techniques for interface development.
The agenda and workshop materials
are under development but may be
reviewed at: https://elandings.alaska.
gov/confluence/display/tr/Agenda.
Due to the inclusion of hands-on
tutorials in both sessions, attendees
should bring a laptop with wireless
Internet capability. Programmers
attending the afternoon session can
review the Resources page at https://
elandings.alaska.gov/confluence/
display/tr/Resources and prepare their
SUPPLEMENTARY INFORMATION:
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development environment with the
tools, which we will demonstrate at the
workshop.
Special Accommodations
These workshops will be physically
accessible to people with disabilities.
Requests for sign language
interpretation or other auxiliary aids
should be directed to Susan Hall, 907–
586–7462, at least five working days
prior to the meeting date.
Dated: January 26, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–1875 Filed 1–26–10; 4:15 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews, Request for Revocation in
Part, and Deferral of Initiation of
Administrative Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) has received requests
to conduct administrative reviews of
various antidumping and countervailing
duty orders and findings with December
anniversary dates. In accordance with
our regulations, we are initiating those
administrative reviews. The Department
also received requests to revoke one
antidumping duty order in part and to
defer the initiation of an administrative
review for the same antidumping duty
order.
EFFECTIVE DATE: January 29, 2010.
FOR FURTHER INFORMATION CONTACT:
Sheila E. Forbes, Office of AD/CVD
Operations, Customs Unit, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230,
telephone: (202) 482–4697.
SUPPLEMENTARY INFORMATION:
Background
The Department has received timely
requests, in accordance with 19 CFR
351.213(b), for administrative reviews of
various antidumping and countervailing
duty orders and findings with December
anniversary dates. The Department also
received a timely request to revoke in
part the antidumping duty order on
Honey from Argentina with respect to
one exporter. In addition, the
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Federal Register / Vol. 75, No. 19 / Friday, January 29, 2010 / Notices
Department received a request to defer
for one year the initiation of the
December 1, 2008 through November
30, 2009 administrative review of the
antidumping duty order on Honey from
Argentina with respect to another
exporter in accordance with 19 CFR
351.213(c). The Department received no
objections to this request from any party
cited in 19 CFR 351.213(c)(1)(ii).
Notice of No Sales
Under 19 CFR 351.213(d)(3), the
Department may rescind a review where
there are no exports, sales, or entries of
subject merchandise during the
respective period of review (‘‘POR’’)
listed below. If a producer or exporter
named in this notice of initiation had no
exports, sales, or entries during the
POR, it should notify the Department
within 30 days of publication of this
notice in the Federal Register. The
Department will consider rescinding the
review only if the producer or exporter,
as appropriate, submits a properly filed
and timely statement certifying that it
had no exports, sales, or entries of
subject merchandise during the POR.
All submissions must be made in
accordance with 19 CFR 351.303 and
are subject to verification in accordance
with section 782(i) of the Tariff Act of
1930, as amended (‘‘the Act’’). Six copies
of the submission should be submitted
to the Assistant Secretary for Import
Administration, International Trade
Administration, Room 1870, U.S.
Department of Commerce, 14th Street
and Constitution Avenue, NW,
Washington, DC 20230. Further, in
accordance with 19 CFR 351.303(f)(1)(i),
a copy of each request must be served
on every party on the Department’s
service list.
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Respondent Selection
In the event the Department limits the
number of respondents for individual
examination for administrative reviews,
the Department intends to select
respondents based on U.S. Customs and
Border Protection (‘‘CBP’’) data for U.S.
imports during the POR. We intend to
release the CBP data under
Administrative Protective Order
(‘‘APO’’) to all parties having an APO
within five days of publication of this
initiation notice and to make our
decision regarding respondent selection
within 20 days of publication of this
Federal Register notice. The
Department invites comments regarding
the CBP data and respondent selection
within 10 calendar days of publication
of this Federal Register notice.
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Separate Rates
In proceedings involving non–market
economy (‘‘NME’’) countries, the
Department begins with a rebuttable
presumption that all companies within
the country are subject to government
control and, thus, should be assigned a
single antidumping duty deposit rate. It
is the Department’s policy to assign all
exporters of merchandise subject to an
administrative review in an NME
country this single rate unless an
exporter can demonstrate that it is
sufficiently independent so as to be
entitled to a separate rate.
To establish whether a firm is
sufficiently independent from
government control of its export
activities to be entitled to a separate
rate, the Department analyzes each
entity exporting the subject
merchandise under a test arising from
the Final Determination of Sales at Less
Than Fair Value: Sparklers from the
People’s Republic of China, 56 FR 20588
(May 6, 1991), as amplified by Final
Determination of Sales at Less Than
Fair Value: Silicon Carbide from the
People’s Republic of China, 59 FR 22585
(May 2,1994). In accordance with the
separate–rates criteria, the Department
assigns separate rates to companies in
NME cases only if respondents can
demonstrate the absence of both de jure
and de facto government control over
export activities.
All firms listed below that wish to
qualify for separate–rate status in the
administrative reviews involving NME
countries must complete, as
appropriate, either a separate–rate
application or certification, as described
below. For these administrative reviews,
in order to demonstrate separate–rate
eligibility, the Department requires
entities for whom a review was
requested, that were assigned a separate
rate in the most recent segment of this
proceeding in which they participated,
to certify that they continue to meet the
criteria for obtaining a separate rate. The
Separate Rate Certification form will be
available on the Department’s website at
https://www.trade.gov/ia on the date of
publication of this Federal Register
notice. In responding to the
certification, please follow the
‘‘Instructions for Filing the Certification’’
in the Separate Rate Certification.
Separate Rate Certifications are due to
the Department no later than 30
calendar days after publication of this
Federal Register notice. The deadline
and requirement for submitting a
Certification applies equally to NME–
owned firms, wholly foreign–owned
firms, and foreign sellers who purchase
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and export subject merchandise to the
United States.
Entities that currently do not have a
separate rate from a completed segment
of the proceeding1 should timely file a
Separate Rate Application to
demonstrate eligibility for a separate
rate in this proceeding. In addition,
companies that received a separate rate
in a completed segment of the
proceeding that have subsequently
made changes, including, but not
limited to, changes to corporate
structure, acquisitions of new
companies or facilities, or changes to
their official company name,2 should
timely file a Separate Rate Application
to demonstrate eligibility for a separate
rate in this proceeding. The Separate
Rate Application will be available on
the Department’s website at https://
www.trade.gov/ia on the date of
publication of this Federal Register
notice. In responding to the Separate
Rate Status Application, refer to the
instructions contained in the
application. Separate Rate Status
Applications are due to the Department
no later than 60 calendar days of
publication of this Federal Register
notice. The deadline and requirement
for submitting a Separate Rate Status
Application applies equally to NME–
owned firms, wholly foreign–owned
firms, and foreign sellers that purchase
and export subject merchandise to the
United States.
For exporters and producers who
submit a separate–rate status
application or certification and
subsequently are selected as mandatory
respondents, these exporters and
producers will no longer be eligible for
separate–rate status unless they respond
to all parts of the questionnaire as
mandatory respondents.
INITIATION OF REVIEWS:
In accordance with 19 CFR
351.221(c)(1)(i), we are initiating
administrative reviews of the following
antidumping and countervailing duty
orders and findings. We intend to issue
the final results of these reviews not
later than December 31, 2010. Also in
accordance with 19 CFR 351.213(c), we
are deferring for one year the initiation
1 Such entities include entities that have not
participated in the proceeding, entities that were
preliminarily granted a separate rate in any
currently incomplete segment of the proceedings
(e.g., an ongoing administrative review, new
shipper review, etc.) and entities that lost their
separate rate in the most recently complete segment
of the proceeding in which they participated.
2 Only changes to the official company name,
rather than trade names, need to be addressed via
a Separate Rate Application. Information regarding
new trade names may be submitted via a Separate
Rate Application.
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Federal Register / Vol. 75, No. 19 / Friday, January 29, 2010 / Notices
of the December 1, 2008 through
November 30, 2009, administrative
review of the antidumping duty order
on Honey from Argentina with respect
to one exporter.
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Antidumping Duty Proceedings
Period to be Reviewed
ARGENTINA: Honey.
A–357–812 .................................................................................................................................................................
AGLH S.A..
Algodonera Avellaneda S.A..
Alimentos Naturales–Natural Foods.
Alma Pura.
Bomare S.A. (Bodegas Miguel Armengol).
Compania Apicola Argentina S.A..
Compania Inversora Platense S.A..
El Mana S.A..
HoneyMax S.A..
Interrupcion S.A..
Mielar S.A..
Miel Ceta SRL.
Nexco S.A..
Patagonik S.A..
Productos Afer S.A..
Seabird Argentina S.A..
TransHoney S.A..
INDIA: Carbazole Violet Pigment 23.
A–533–838 .................................................................................................................................................................
Meghmani Pigments.
INDIA: Certain Hot–Rolled Carbon Steel Flat Products.
A–533–820 .................................................................................................................................................................
Essar Steel Limited.
Ispat Industries Limited.
JSW Steel Limited.
Tata Steel Limited.
JAPAN: Welded Large Diameter Line Pipe.
A–588–857 .................................................................................................................................................................
JFE Steel Corporation.
Nippon Steel Corporation.
Sumitomo Corporation.
Sumitomo Metal Industries, Ltd. (aka Sumitomo Metals Pipe & Tube Company).
THE PEOPLE’S REPUBLIC OF CHINA: Certain Cased Pencils3.
A–570–827 .................................................................................................................................................................
China First Pencil Co., Ltd., and its affiliated companies Shanghai First Writing Instruments Co., Ltd.,
Fang Zheng Co., Ltd., Shanghai Great Wall Pencil Co., Ltd., and China First Pencil Huadian Co.,
Ltd..
Orient International Holding Shanghai Foreign Trade Co., Ltd..
Shanghai Three Star Stationery Industry Co., Ltd..
Beijing Fila Dixon Stationery Company, Ltd. a/k/a Beijing Dixon Ticonderoga Stationery Company, Ltd.
a/k/a Beijing Dixon Stationery Company, Ltd. and Dixon Ticonderoga Company.
Shandong Rongxin Import & Export Co., Ltd..
THE PEOPLE’S REPUBLIC OF CHINA: Hand Trucks and Parts Thereof4.
A–570–891 .................................................................................................................................................................
Qingdao Huazhan Hardware and Machinery Co., Ltd..
New–Tec Integration (Xiamen) Co., Ltd..
Sunshine International Corp..
Yangjiang Shunhe Industrial Co..
Zhejiang Yinmao Import and Export Co..
Century Distribution Systems, Inc..
THE PEOPLE’S REPUBLIC OF CHINA: Honey5.
A–570–863 .................................................................................................................................................................
Ahcof Industrial Development Corp., Ltd..
Alfred L. Wolff (Beijing) Co., Ltd..
Anhui Honghui Foodstuff (Group) Co., Ltd..
Anhui Honghui Import & Export Trade Co., Ltd..
Anhui Cereals Oils and Foodstuffs I/E (Group) Corporation.
Anhui Native Produce Imp & Exp Corp..
APM Global Logistics (Shanghai) Co..
Baiste Trading Co., Ltd..
Cheng Du Wai Yuan Bee Products Co., Ltd..
Chengdu Stone Dynasty Art Stone.
Dongtai Peak Honey Industry Co., Ltd..
Eurasia Bee’s Products Co., Ltd..
Fresh Honey Co., Ltd. (formerly Mgl. Yun Shen).
Golden Tadco Int’l.
Hangzhou Golden Harvest Health Industry Co., Ltd..
Haoliluck Co., Ltd..
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12/1/08 - 11/30/09
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Federal Register / Vol. 75, No. 19 / Friday, January 29, 2010 / Notices
Antidumping Duty Proceedings
4773
Period to be Reviewed
Hengjide Healthy Products Co. Ltd..
Hubei Yusun Co., Ltd..
Inner Mongolia Altin Bee–Keeping.
Inner Mongolia Youth Trade Development Co., Ltd..
Jiangsu Cereals, Oils Foodstuffs Import Export (Group) Corp..
Jiangsu Light Industry Products Imp & Exp (Group) Corp..
Jiangsu Kanghong Natural Healthfoods Co., Ltd..
Jiangsu Light Industry Products Imp & Exp (Group) Corp..
Jilin Province Juhui Import.
Maersk Logistics (China) Company Ltd..
Nefelon Limited Company.
Ningbo Shengye Electric Appliance.
Ningbo Shunkang Health Food Co., Ltd..
Ningxia Yuehai Trading Co., Ltd..
Product Source Marketing Ltd..
Qingdao Aolan Trade Co., Ltd..
QHD Sanhai Honey Co., Ltd..
Qinhuangdao Municipal Dafeng Industrial Co., Ltd..
Renaissance India Mannite.
Shaanxi Youthsun Co., Ltd..
Shanghai Bloom International Trading Co., Ltd..
Shanghai Foreign Trade Co., Ltd..
Shanghai Hui Ai Mal Tose Co., Ltd..
Shanghai Taiside Trading Co., Ltd..
Shine Bal Co., Ltd..
Sichuan–Dujiangyan Dubao Bee Industrial Co., Ltd..
Silverstream International Co., Ltd..
Suzhou Shanding Honey Product Co., Ltd..
Tianjin Eulia Honey Co., Ltd..
Wuhan Bee Healthy Co., Ltd..
Wuhan Shino–Food Trade Co., Ltd..
Wuhu Fenglian Co., Ltd..
Wuhu Qinshi Tangye.
Wuhu Qinshgi Tangye.
Xinjiang Jinhui Food Co., Ltd..
Zhejiang Willing Foreign Trading Co..
THE PEOPLE’S REPUBLIC OF CHINA: Malleable Cast Iron Pipe Fittings.
A–570–881 .................................................................................................................................................................
Mueller Comercial de Mexico, S. de R.L. de C.V..
COUNTERVAILING DUTY PROCEEDINGS.
ARGENTINA: Honey.
C–357–813 ................................................................................................................................................................
INDIA: Carbazole Violet Pigment 23.
C–533–839 ................................................................................................................................................................
Meghmani Pigments.
SUSPENSION AGREEMENTS.
None.
DEFERRAL OF INITIATION OF ADMINISTRAIVE REVIEW.
ARGENTINA: Honey.
A–357–812 .................................................................................................................................................................
Asociacion de Cooperativas Argentinas.
12/1/08 - 11/30/09
1/1/09 - 12/31/09
1/1/08 - 12/31/08
12/1/08 - 11/30/09
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3 If one of the above named companies does not qualify for a separate rate, all other exporters of Certain Cased Pencils from the People’s Republic of China (‘‘PRC’’) who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of
which the named exporters are a part.
4 If one of the above named companies does not qualify for a separate rate, all other exporters of Hand Trucks and Parts Thereof from the
PRC who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part.
5 If one of the above named companies does not qualify for a separate rate, all other exporters of Honey from the PRC who have not qualified
for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part.
6 If the above named company does not qualify for a separate rate, all other exporters of Malleable Cast Iron Pipe Fittings from the PRC who
have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are
a part.
During any administrative review
covering all or part of a period falling
between the first and second or third
and fourth anniversary of the
publication of an antidumping duty
order under 19 CFR 351.211 or a
determination under 19 CFR
351.218(f)(4) to continue an order or
suspended investigation (after sunset
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review), the Secretary, if requested by a
domestic interested party within 30
days of the date of publication of the
notice of initiation of the review, will
determine, consistent with FAG Italia
v.United States, 291 F.3d 806 (Fed. Cir.
2002), as appropriate, whether
antidumping duties have been absorbed
by an exporter or producer subject to the
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review if the subject merchandise is
sold in the United States through an
importer that is affiliated with such
exporter or producer. The request must
include the name(s) of the exporter or
producer for which the inquiry is
requested.
For the first administrative review of
any order, there will be no assessment
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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 POR.
Interested parties must submit
applications for disclosure under
administrative protective orders in
accordance with 19 CFR 351.305. On
January 22, 2008, the Department
published Antidumping and
Countervailing Duty Proceedings:
Documents Submission Procedures;
APO Procedures, 73 FR 3634 (January
22, 2008). Those procedures apply to
administrative reviews included in this
notice of initiation. Parties wishing to
participate in any of these
administrative reviews should ensure
that they meet the requirements of these
procedures (e.g., the filing of separate
letters of appearance as discussed in 19
CFR 351.101(d)).
These initiations and this notice are
in accordance with section 751(a) of the
Tariff Act of l930, as amended (19 USC
1675(a)), and 19 CFR 351.221(c)(1)(i).
Dated: January 22, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2010–1898 Filed 1–28–10; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XT13
Takes of Marine Mammals Incidental to
Specified Activities; St. George Reef
Light Station Restoration and
Maintenance on Northwest Seal Rock,
in the Northeast Pacific Ocean
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AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of incidental
harassment authorization.
SUMMARY: In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA) as
amended, notification is hereby given
that NMFS has issued an Incidental
Harassment Authorization (IHA) to the
St. George Reef Lighthouse Preservation
Society (SGRLPS), to incidentally
harass, by Level B harassment only, four
species of marine mammals during the
specified activity.
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DATES: This authorization is effective
from January 27, 2010, through April 30,
2010.
ADDRESSES: A copy of the IHA and the
application are available by writing to P.
Michael Payne, Chief, Permits,
Conservation and Education Division,
Office of Protected Resources, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910–3225. A copy of the application
may be obtained by writing to this
address, by telephoning the contact
listed here (FOR FURTHER
INFORMATION CONTACT) or online
at: https://www.nmfs.noaa.gov/pr/
permits/incidental.htm#applications
Documents cited in this notice may be
viewed, by appointment, during regular
business hours, at the aforementioned
address.
FOR FURTHER INFORMATION CONTACT:
Jeannine Cody (301) 713–2289, ext. 113
or Monica DeAngelis, NMFS Southwest
Region, (562) 980–3232.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(D) of the MMPA (16
U.S.C. 1371 (a)(5)(D)) directs the
Secretary of Commerce to authorize,
upon request, the incidental, but not
intentional, taking by harassment of
small numbers of marine mammals of a
species or population stock, for periods
of not more than one year, by United
States citizens who engage in a specified
activity (other than commercial fishing)
within a specific geographic region if
certain findings are made and, a notice
of a proposed authorization is provided
to the public for review.
Authorization for incidental taking of
small numbers of marine mammals shall
be granted if NMFS finds that the taking
will have a negligible impact on the
species or stock(s), and will not have an
unmitigable adverse impact on the
availability of the species or stock(s) for
subsistence uses. The authorization
must set forth the permissible methods
of taking, other means of effecting the
least practicable adverse impact on the
species or stock and its habitat, and
monitoring and reporting of such
takings. NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as ‘‘an
impact resulting from the specified
activity that cannot be reasonably
expected to, and is not reasonably likely
to, adversely affect the species or stock
through effects on annual rates of
recruitment or survival.’’
Section 101(a)(5)(D) of the MMPA
established an expedited process by
which citizens of the United States can
apply for an authorization to
incidentally take small numbers of
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marine mammals by harassment.
Section 101(a)(5)(D) of the MMPA
establishes a 45–day time limit for
NMFS’ review of an application
followed by a 30–day public notice and
comment period on any proposed
authorizations for the incidental
harassment of small numbers of marine
mammals. Within 45 days of the close
of the public comment period, NMFS
must either issue or deny the
authorization.
Except with respect to certain
activities not pertinent here, the MMPA
defines ‘‘harassment’’ as:
any act of pursuit, torment, or annoyance
which (i) has the potential to injure a marine
mammal or marine mammal stock in the wild
[Level A harassment]; or (ii) has the potential
to disturb a marine mammal or marine
mammal stock in the wild by causing
disruption of behavioral patterns, including,
but not limited to, migration, breathing,
nursing, breeding, feeding, or sheltering
[Level B harassment].
Summary of Request
NMFS received an application from
the SGRLPS for the taking by
harassment, of marine mammals
incidental to conducting helicopter
operations, lighthouse restoration, and
light maintenance activities on the St.
George Reef Lighthouse Station (Station)
in Del Norte County in California.
SGRLPS aims to restore and preserve
the Station which is listed in the
National Park Service’s National
Register of Historic Places. The group
must also perform annual maintenance
on the Station’s optical light system to
renew a U.S. Coast Guard (USCG)
Private Aid to Navigation (PATON)
permit. The Station is located on
Northwest Seal Rock (NWSR) (41° 50′
24″ N, 124° 22′ 06″ W) approximately
nine kilometers (km) (6.0 miles (mi))
offshore of Crescent City, California in
the northeast Pacific Ocean.
Acoustic and visual stimuli generated
by helicopter landings/takeoffs, noise
generated during restoration activities
(e.g., painting, plastering, welding, and
glazing) and maintenance activities (e.g.,
bulb replacement and automation of the
light system), and human presence, may
have the potential to cause the
pinnipeds hauled out on NWSR to flush
into the surrounding water or to cause
a short-term behavioral disturbance.
These types of disturbances are the
principal means of marine mammal
taking associated with these activities
and the SGRLPS has requested an
authorization to take 204 California sea
lions (Zalophus californianus); 36
Pacific Harbor seals (Phoca vitulina);
172 Steller sea lions (Eumetopias
jubatus); and six northern fur seals
E:\FR\FM\29JAN1.SGM
29JAN1
]]>Agencies
[Federal Register Volume 75, Number 19 (Friday, January 29, 2010)]
[Notices]
[Pages 4770-4774]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1898]
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DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, Request for Revocation in Part, and Deferral of Initiation of
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') has received
requests to conduct administrative reviews of various antidumping and
countervailing duty orders and findings with December anniversary
dates. In accordance with our regulations, we are initiating those
administrative reviews. The Department also received requests to revoke
one antidumping duty order in part and to defer the initiation of an
administrative review for the same antidumping duty order.
EFFECTIVE DATE: January 29, 2010.
FOR FURTHER INFORMATION CONTACT: Sheila E. Forbes, Office of AD/CVD
Operations, Customs Unit, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230, telephone: (202) 482-
4697.
SUPPLEMENTARY INFORMATION:
Background
The Department has received timely requests, in accordance with 19
CFR 351.213(b), for administrative reviews of various antidumping and
countervailing duty orders and findings with December anniversary
dates. The Department also received a timely request to revoke in part
the antidumping duty order on Honey from Argentina with respect to one
exporter. In addition, the
[[Page 4771]]
Department received a request to defer for one year the initiation of
the December 1, 2008 through November 30, 2009 administrative review of
the antidumping duty order on Honey from Argentina with respect to
another exporter in accordance with 19 CFR 351.213(c). The Department
received no objections to this request from any party cited in 19 CFR
351.213(c)(1)(ii).
Notice of No Sales
Under 19 CFR 351.213(d)(3), the Department may rescind a review
where there are no exports, sales, or entries of subject merchandise
during the respective period of review (``POR'') listed below. If a
producer or exporter named in this notice of initiation had no exports,
sales, or entries during the POR, it should notify the Department
within 30 days of publication of this notice in the Federal Register.
The Department will consider rescinding the review only if the producer
or exporter, as appropriate, submits a properly filed and timely
statement certifying that it had no exports, sales, or entries of
subject merchandise during the POR. All submissions must be made in
accordance with 19 CFR 351.303 and are subject to verification in
accordance with section 782(i) of the Tariff Act of 1930, as amended
(``the Act''). Six copies of the submission should be submitted to the
Assistant Secretary for Import Administration, International Trade
Administration, Room 1870, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230. Further, in accordance
with 19 CFR 351.303(f)(1)(i), a copy of each request must be served on
every party on the Department's service list.
Respondent Selection
In the event the Department limits the number of respondents for
individual examination for administrative reviews, the Department
intends to select respondents based on U.S. Customs and Border
Protection (``CBP'') data for U.S. imports during the POR. We intend to
release the CBP data under Administrative Protective Order (``APO'') to
all parties having an APO within five days of publication of this
initiation notice and to make our decision regarding respondent
selection within 20 days of publication of this Federal Register
notice. The Department invites comments regarding the CBP data and
respondent selection within 10 calendar days of publication of this
Federal Register notice.
Separate Rates
In proceedings involving non-market economy (``NME'') countries,
the Department begins with a rebuttable presumption that all companies
within the country are subject to government control and, thus, should
be assigned a single antidumping duty deposit rate. It is the
Department's policy to assign all exporters of merchandise subject to
an administrative review in an NME country this single rate unless an
exporter can demonstrate that it is sufficiently independent so as to
be entitled to a separate rate.
To establish whether a firm is sufficiently independent from
government control of its export activities to be entitled to a
separate rate, the Department analyzes each entity exporting the
subject merchandise under a test arising from the Final Determination
of Sales at Less Than Fair Value: Sparklers from the People's Republic
of China, 56 FR 20588 (May 6, 1991), as amplified by Final
Determination of Sales at Less Than Fair Value: Silicon Carbide from
the People's Republic of China, 59 FR 22585 (May 2,1994). In accordance
with the separate-rates criteria, the Department assigns separate rates
to companies in NME cases only if respondents can demonstrate the
absence of both de jure and de facto government control over export
activities.
All firms listed below that wish to qualify for separate-rate
status in the administrative reviews involving NME countries must
complete, as appropriate, either a separate-rate application or
certification, as described below. For these administrative reviews, in
order to demonstrate separate-rate eligibility, the Department requires
entities for whom a review was requested, that were assigned a separate
rate in the most recent segment of this proceeding in which they
participated, to certify that they continue to meet the criteria for
obtaining a separate rate. The Separate Rate Certification form will be
available on the Department's website at https://www.trade.gov/ia on the
date of publication of this Federal Register notice. In responding to
the certification, please follow the ``Instructions for Filing the
Certification'' in the Separate Rate Certification. Separate Rate
Certifications are due to the Department no later than 30 calendar days
after publication of this Federal Register notice. The deadline and
requirement for submitting a Certification applies equally to NME-owned
firms, wholly foreign-owned firms, and foreign sellers who purchase and
export subject merchandise to the United States.
Entities that currently do not have a separate rate from a
completed segment of the proceeding\1\ should timely file a Separate
Rate Application to demonstrate eligibility for a separate rate in this
proceeding. In addition, companies that received a separate rate in a
completed segment of the proceeding that have subsequently made
changes, including, but not limited to, changes to corporate structure,
acquisitions of new companies or facilities, or changes to their
official company name,\2\ should timely file a Separate Rate
Application to demonstrate eligibility for a separate rate in this
proceeding. The Separate Rate Application will be available on the
Department's website at https://www.trade.gov/ia on the date of
publication of this Federal Register notice. In responding to the
Separate Rate Status Application, refer to the instructions contained
in the application. Separate Rate Status Applications are due to the
Department no later than 60 calendar days of publication of this
Federal Register notice. The deadline and requirement for submitting a
Separate Rate Status Application applies equally to NME-owned firms,
wholly foreign-owned firms, and foreign sellers that purchase and
export subject merchandise to the United States.
---------------------------------------------------------------------------
\1\ Such entities include entities that have not participated in
the proceeding, entities that were preliminarily granted a separate
rate in any currently incomplete segment of the proceedings (e.g.,
an ongoing administrative review, new shipper review, etc.) and
entities that lost their separate rate in the most recently complete
segment of the proceeding in which they participated.
\2\ Only changes to the official company name, rather than trade
names, need to be addressed via a Separate Rate Application.
Information regarding new trade names may be submitted via a
Separate Rate Application.
---------------------------------------------------------------------------
For exporters and producers who submit a separate-rate status
application or certification and subsequently are selected as mandatory
respondents, these exporters and producers will no longer be eligible
for separate-rate status unless they respond to all parts of the
questionnaire as mandatory respondents.
INITIATION OF REVIEWS:
In accordance with 19 CFR 351.221(c)(1)(i), we are initiating
administrative reviews of the following antidumping and countervailing
duty orders and findings. We intend to issue the final results of these
reviews not later than December 31, 2010. Also in accordance with 19
CFR 351.213(c), we are deferring for one year the initiation
[[Page 4772]]
of the December 1, 2008 through November 30, 2009, administrative
review of the antidumping duty order on Honey from Argentina with
respect to one exporter.
------------------------------------------------------------------------
Antidumping Duty Proceedings Period to be Reviewed
------------------------------------------------------------------------
ARGENTINA: Honey..........................
A-357-812................................. 12/01/08 - 11/30/09
AGLH S.A..........................
Algodonera Avellaneda S.A.........
Alimentos Naturales-Natural Foods.
Alma Pura.........................
Bomare S.A. (Bodegas Miguel
Armengol)........................
Compania Apicola Argentina S.A....
Compania Inversora Platense S.A...
El Mana S.A.......................
HoneyMax S.A......................
Interrupcion S.A..................
Mielar S.A........................
Miel Ceta SRL.....................
Nexco S.A.........................
Patagonik S.A.....................
Productos Afer S.A................
Seabird Argentina S.A.............
TransHoney S.A....................
INDIA: Carbazole Violet Pigment 23........
A-533-838................................. 12/1/08 - 11/30/09
Meghmani Pigments.................
INDIA: Certain Hot-Rolled Carbon Steel
Flat Products............................
A-533-820................................. 12/1/08 - 11/30/09
Essar Steel Limited...............
Ispat Industries Limited..........
JSW Steel Limited.................
Tata Steel Limited................
JAPAN: Welded Large Diameter Line Pipe....
A-588-857................................. 12/1/08 - 11/30/090
JFE Steel Corporation.............
Nippon Steel Corporation..........
Sumitomo Corporation..............
Sumitomo Metal Industries, Ltd.
(aka Sumitomo Metals Pipe & Tube
Company).........................
THE PEOPLE'S REPUBLIC OF CHINA: Certain
Cased Pencils\3\.........................
A-570-827................................. 12/1/08 - 11/30/09
China First Pencil Co., Ltd., and
its affiliated companies Shanghai
First Writing Instruments Co.,
Ltd., Fang Zheng Co., Ltd.,
Shanghai Great Wall Pencil Co.,
Ltd., and China First Pencil
Huadian Co., Ltd.................
Orient International Holding
Shanghai Foreign Trade Co., Ltd..
Shanghai Three Star Stationery
Industry Co., Ltd................
Beijing Fila Dixon Stationery
Company, Ltd. a/k/a Beijing Dixon
Ticonderoga Stationery Company,
Ltd. a/k/a Beijing Dixon
Stationery Company, Ltd. and
Dixon Ticonderoga Company........
Shandong Rongxin Import & Export
Co., Ltd.........................
THE PEOPLE'S REPUBLIC OF CHINA: Hand
Trucks and Parts Thereof\4\..............
A-570-891................................. 12/1/08 - 11/30/09
Qingdao Huazhan Hardware and
Machinery Co., Ltd...............
New-Tec Integration (Xiamen) Co.,
Ltd..............................
Sunshine International Corp.......
Yangjiang Shunhe Industrial Co....
Zhejiang Yinmao Import and Export
Co...............................
Century Distribution Systems, Inc.
THE PEOPLE'S REPUBLIC OF CHINA: Honey\5\..
A-570-863................................. 12/1/08 - 11/30/09
Ahcof Industrial Development
Corp., Ltd.......................
Alfred L. Wolff (Beijing) Co.,
Ltd..............................
Anhui Honghui Foodstuff (Group)
Co., Ltd.........................
Anhui Honghui Import & Export
Trade Co., Ltd...................
Anhui Cereals Oils and Foodstuffs
I/E (Group) Corporation..........
Anhui Native Produce Imp & Exp
Corp.............................
APM Global Logistics (Shanghai)
Co...............................
Baiste Trading Co., Ltd...........
Cheng Du Wai Yuan Bee Products
Co., Ltd.........................
Chengdu Stone Dynasty Art Stone...
Dongtai Peak Honey Industry Co.,
Ltd..............................
Eurasia Bee's Products Co., Ltd...
Fresh Honey Co., Ltd. (formerly
Mgl. Yun Shen)...................
Golden Tadco Int'l................
Hangzhou Golden Harvest Health
Industry Co., Ltd................
Haoliluck Co., Ltd................
[[Page 4773]]
Hengjide Healthy Products Co. Ltd.
Hubei Yusun Co., Ltd..............
Inner Mongolia Altin Bee-Keeping..
Inner Mongolia Youth Trade
Development Co., Ltd.............
Jiangsu Cereals, Oils Foodstuffs
Import Export (Group) Corp.......
Jiangsu Light Industry Products
Imp & Exp (Group) Corp...........
Jiangsu Kanghong Natural
Healthfoods Co., Ltd.............
Jiangsu Light Industry Products
Imp & Exp (Group) Corp...........
Jilin Province Juhui Import.......
Maersk Logistics (China) Company
Ltd..............................
Nefelon Limited Company...........
Ningbo Shengye Electric Appliance.
Ningbo Shunkang Health Food Co.,
Ltd..............................
Ningxia Yuehai Trading Co., Ltd...
Product Source Marketing Ltd......
Qingdao Aolan Trade Co., Ltd......
QHD Sanhai Honey Co., Ltd.........
Qinhuangdao Municipal Dafeng
Industrial Co., Ltd..............
Renaissance India Mannite.........
Shaanxi Youthsun Co., Ltd.........
Shanghai Bloom International
Trading Co., Ltd.................
Shanghai Foreign Trade Co., Ltd...
Shanghai Hui Ai Mal Tose Co., Ltd.
Shanghai Taiside Trading Co., Ltd.
Shine Bal Co., Ltd................
Sichuan-Dujiangyan Dubao Bee
Industrial Co., Ltd..............
Silverstream International Co.,
Ltd..............................
Suzhou Shanding Honey Product Co.,
Ltd..............................
Tianjin Eulia Honey Co., Ltd......
Wuhan Bee Healthy Co., Ltd........
Wuhan Shino-Food Trade Co., Ltd...
Wuhu Fenglian Co., Ltd............
Wuhu Qinshi Tangye................
Wuhu Qinshgi Tangye...............
Xinjiang Jinhui Food Co., Ltd.....
Zhejiang Willing Foreign Trading
Co...............................
THE PEOPLE'S REPUBLIC OF CHINA: Malleable
Cast Iron Pipe Fittings..................
A-570-881................................. 12/1/08 - 11/30/09
Mueller Comercial de Mexico, S. de
R.L. de C.V......................
Countervailing Duty Proceedings...
ARGENTINA: Honey..........................
C-357-813................................. 1/1/09 - 12/31/09
INDIA: Carbazole Violet Pigment 23........
C-533-839................................. 1/1/08 - 12/31/08
Meghmani Pigments.................
Suspension Agreements.............
None......................................
Deferral of Initiation of
Administraive Review.............
ARGENTINA: Honey..........................
A-357-812................................. 12/1/08 - 11/30/09
Asociacion de Cooperativas
Argentinas.......................
------------------------------------------------------------------------
\3\ If one of the above named companies does not qualify for a separate
rate, all other exporters of Certain Cased Pencils from the People's
Republic of China (``PRC'') who have not qualified for a separate rate
are deemed to be covered by this review as part of the single PRC
entity of which the named exporters are a part.
\4\ If one of the above named companies does not qualify for a separate
rate, all other exporters of Hand Trucks and Parts Thereof from the
PRC who have not qualified for a separate rate are deemed to be
covered by this review as part of the single PRC entity of which the
named exporters are a part.
\5\ If one of the above named companies does not qualify for a separate
rate, all other exporters of Honey from the PRC who have not qualified
for a separate rate are deemed to be covered by this review as part of
the single PRC entity of which the named exporters are a part.
\6\ If the above named company does not qualify for a separate rate, all
other exporters of Malleable Cast Iron Pipe Fittings from the PRC who
have not qualified for a separate rate are deemed to be covered by
this review as part of the single PRC entity of which the named
exporters are a part.
During any administrative review covering all or part of a period
falling between the first and second or third and fourth anniversary of
the publication of an antidumping duty order under 19 CFR 351.211 or a
determination under 19 CFR 351.218(f)(4) to continue an order or
suspended investigation (after sunset review), the Secretary, if
requested by a domestic interested party within 30 days of the date of
publication of the notice of initiation of the review, will determine,
consistent with FAG Italia v.United States, 291 F.3d 806 (Fed. Cir.
2002), as appropriate, whether antidumping duties have been absorbed by
an exporter or producer subject to the review if the subject
merchandise is sold in the United States through an importer that is
affiliated with such exporter or producer. The request must include the
name(s) of the exporter or producer for which the inquiry is requested.
For the first administrative review of any order, there will be no
assessment
[[Page 4774]]
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 POR.
Interested parties must submit applications for disclosure under
administrative protective orders in accordance with 19 CFR 351.305. On
January 22, 2008, the Department published Antidumping and
Countervailing Duty Proceedings: Documents Submission Procedures; APO
Procedures, 73 FR 3634 (January 22, 2008). Those procedures apply to
administrative reviews included in this notice of initiation. Parties
wishing to participate in any of these administrative reviews should
ensure that they meet the requirements of these procedures (e.g., the
filing of separate letters of appearance as discussed in 19 CFR
351.101(d)).
These initiations and this notice are in accordance with section
751(a) of the Tariff Act of l930, as amended (19 USC 1675(a)), and 19
CFR 351.221(c)(1)(i).
Dated: January 22, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-1898 Filed 1-28-10; 8:45 am]
BILLING CODE 3510-DS-S
