Initiation of Antidumping and Countervailing Duty Administrative Reviews, Request for Revocation in Part, and Deferral of Initiation of Administrative Review, 4770-4774 [2010-1898]

Download as PDF 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 jlentini on DSKJ8SOYB1PROD with NOTICES 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 VerDate Nov<24>2008 18:51 Jan 28, 2010 Jkt 220001 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: PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 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 E:\FR\FM\29JAN1.SGM 29JAN1 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. jlentini on DSKJ8SOYB1PROD with NOTICES 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. VerDate Nov<24>2008 18:51 Jan 28, 2010 Jkt 220001 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 http://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 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 4771 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 http:// 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. E:\FR\FM\29JAN1.SGM 29JAN1 4772 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. jlentini on DSKJ8SOYB1PROD with NOTICES 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.. VerDate Nov<24>2008 18:51 Jan 28, 2010 Jkt 220001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\29JAN1.SGM 29JAN1 12/01/08 - 11/30/09 12/1/08 - 11/30/09 12/1/08 - 11/30/09 12/1/08 - 11/30/090 12/1/08 - 11/30/09 12/1/08 - 11/30/09 12/1/08 - 11/30/09 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 jlentini on DSKJ8SOYB1PROD with NOTICES 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 VerDate Nov<24>2008 18:51 Jan 28, 2010 Jkt 220001 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 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 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 E:\FR\FM\29JAN1.SGM 29JAN1 4774 Federal Register / Vol. 75, No. 19 / Friday, January 29, 2010 / Notices 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 jlentini on DSKJ8SOYB1PROD with NOTICES 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. VerDate Nov<24>2008 18:51 Jan 28, 2010 Jkt 220001 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: http://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 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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]


-----------------------------------------------------------------------

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 http://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 http://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