Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 16426-16427 [2010-7398]
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Federal Register / Vol. 75, No. 62 / Thursday, April 1, 2010 / Notices
Written comments and
recommendations for the proposed
information collection should be sent on
or before May 3, 2010 to Nicholas A.
Fraser, OMB Desk Officer, via e-mail to
Nicholas_A._Fraser@omb.eop.gov or by
fax to 202–395–5167, marked to the
attention of Nicholas A. Fraser.
Dated: March 25, 2010.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief
Information Officer.
[FR Doc. 2010–7256 Filed 3–31–10; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
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.
Background
Each year during the anniversary
month of the publication of an
antidumping or countervailing duty
order, finding, or suspension of
investigation, an interested party, as
defined in section 771(9) of the Tariff
Act of 1930, as amended (‘‘the Act’’),
may request, in accordance with section
351.213 of the Department of Commerce
(‘‘the Department’’) regulations, that the
Department conduct an administrative
review of that antidumping or
countervailing duty order, finding, or
suspended investigation.
Respondent Selection
In the event the Department limits the
number of respondents for individual
examination for administrative review
initiated pursuant to requests made for
the orders identified below, the
Department intends to select
respondents based on U.S. Customs and
Border Protection (‘‘CBP’’) data for U.S.
imports during the period of review
(‘‘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
the initiation notice and make our
decision regarding respondent selection
within 20 days of publication of the
initiation Federal Register notice.
Therefore, we encourage all parties
interested in commenting on respondent
selection to submit their APO
applications on the date of publication
of the initiation notice, or as soon
thereafter as possible. The Department
invites comments regarding the CBP
data and respondent selection within 10
calendar days of publication of the
Federal Register initiation notice.
Opportunity to Request a Review: Not
later than the last day of April 2010,1
interested parties may request
administrative review of the following
orders, findings, or suspended
investigations, with anniversary dates in
April for the following periods:
Period of review
mstockstill on DSKH9S0YB1PROD with NOTICES
Antidumping Duty Proceedings
France: Sorbitol, A–427–001 .......................................................................................................................................................
India: 1-Hydroxyethylidene-1, 1–Diphosphonic Acid (HEDP) A–533–847 ..................................................................................
Norway: Fresh and Chilled Atlantic Salmon, A–403–801 ...........................................................................................................
The People’s Republic of China:
Activated Carbon, A–570–904 .............................................................................................................................................
Certain Steel Threaded Rod, A–570–932 ............................................................................................................................
Frontseating Service Valves, A–570–933 ............................................................................................................................
1-Hydroxyethylidene-1, 1–Diphosphonic Acid (HEDP), A–570–934 ...................................................................................
Magnesium Metal, A–570–896 .............................................................................................................................................
Non-Malleable Cast Iron Pipe Fittings, A–570–875 .............................................................................................................
Russia: Magnesium Metal, A–821–819 .......................................................................................................................................
Countervailing Duty Proceedings
Norway: Fresh and Chilled Atlantic Salmon, C–403–802 ...........................................................................................................
4/1/09–3/31/10
4/23/09–3/31/10
4/1/09–3/31/10
4/1/09–3/31/10
10/8/08–3/31/10
10/22/08–3/31/10
4/23/09–3/31/10
4/1/09–3/31/10
4/1/09–3/31/10
4/1/09–3/31/10
1/1/09–12/31/09
Suspension Agreements
None.
In accordance with 19 CFR
351.213(b), an interested party as
defined by section 771(9) of the Act may
request in writing that the Secretary
conduct an administrative review. For
both antidumping and countervailing
duty reviews, the interested party must
specify the individual producers or
exporters covered by an antidumping
finding or an antidumping or
countervailing duty order or suspension
agreement for which it is requesting a
review. In addition, a domestic
interested party or an interested
described in section 771(9)(B) of the Act
must state why it desires the Secretary
to review those particular producers or
exporters.2 If the interested party
intends for the Secretary to review sales
of merchandise by an exporter (or a
producer if that producer also exports
merchandise from other suppliers)
which were produced in more than one
country of origin and each country of
origin is subject to a separate order, then
the interested party must state
specifically, on an order-by-order basis,
which exporter(s) the request is
intended to cover.
Please note that, for any party the
Department was unable to locate in
prior segments, the Department will not
accept a request for an administrative
review of that party absent new
information as to the party’s location.
Moreover, if the interested party who
files a request for review is unable to
locate the producer or exporter for
which it requested the review, the
interested party must provide an
explanation of the attempts it made to
locate the producer or exporter at the
same time it files its request for review,
in order for the Secretary to determine
if the interested party’s attempts were
1 Or the next business day, if the deadline falls
on a weekend, federal holiday or any other day
when the Department is closed.
2 If the review request involves a non-market
economy country and the parties subject to the
review request do not qualify for separate rates, all
other exporters of subject merchandise from the
non-market economy country who do not have a
separate rate will be covered by the review as part
of the single entity of which the named firms are
a part.
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16:51 Mar 31, 2010
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mstockstill on DSKH9S0YB1PROD with NOTICES
Federal Register / Vol. 75, No. 62 / Thursday, April 1, 2010 / Notices
reasonable, pursuant to 19 CFR
351.303(f)(3)(ii) of the regulations.
As explained in Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003), the Department
has clarified its practice with respect to
the collection of final antidumping
duties on imports of merchandise where
intermediate firms are involved. The
public should be aware of this
clarification in determining whether to
request an administrative review of
merchandise subject to antidumping
findings and orders. See also the Import
Administration web site at https://
ia.ita.doc.gov.
Six copies of the request should be
submitted to the Assistant Secretary for
Import Administration, International
Trade Administration, Room 1870, U.S.
Department of Commerce, 14th Street
and Constitution Avenue, NW.,
Washington, DC 20230. The Department
also asks parties to serve a copy of their
requests to the Office of Antidumping/
Countervailing Duty Operations,
Attention: Sheila Forbes, in room 3065
of the main Commerce Building.
Further, in accordance with section
351.303(f)(l)(i) of the Department’s
regulations, a copy of each request must
be served on every party on the
Department’s service list.
The Department will publish in the
Federal Register a notice of ‘‘Initiation
of Administrative Review of
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation’’ for requests received by
the last day of April 2010. If the
Department does not receive, by the last
day of April 2010, a request for review
of entries covered by an order, finding,
or suspended investigation listed in this
notice and for the period identified
above, the Department will instruct CBP
to assess antidumping or countervailing
duties on those entries at a rate equal to
the cash deposit of (or bond for)
estimated antidumping or
countervailing duties required on those
entries at the time of entry, or
withdrawal from warehouse, for
consumption and to continue to collect
the cash deposit previously ordered.
For the first administrative review of
any order, there will be no assessment
of antidumping or countervailing duties
on entries of subject merchandise
entered, or withdrawn from warehouse,
for consumption during the relevant
provisional-measures ‘‘gap’’ period, of
the order, if such a gap period is
applicable to the POR.
This notice is not required by statute
but is published as a service to the
international trading community.
VerDate Nov<24>2008
16:51 Mar 31, 2010
Jkt 220001
Dated: March 26, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2010–7398 Filed 3–31–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–848]
Freshwater Crawfish Tail Meat From
the People’s Republic of China: Notice
of Decision of the Court of
International Trade Not in Harmony
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On February 9, 2010, the
Court of International Trade (CIT or
Court) sustained the final results of
redetermination made by the
Department of Commerce (the
Department) regarding the 2005–2006
administrative review of the
antidumping duty order on freshwater
crawfish tail meat from the People’s
Republic of China (PRC). See
Washington International Insurance
Company v. United States, Court No.
08–00156, Slip Op. 10–16 (February 9,
2010) (Wash. Int’l Ins. Co. II). Pursuant
to the Court’s remand order, in its
redetermination the Department
continued to apply to Xuzhou Jinjiang
Foodstuffs Co., Ltd. (Xuzhou) a total
adverse facts available (AFA) rate, but
changed this rate from the 223.01
percent applied in the contested
administrative review to 188.52 percent.
Consistent with the decision of the
United States Court of Appeals for the
Federal Circuit (Federal Circuit) in
Timken Co. v. United States, 893 F.2d
337 (Fed. Cir. 1990) (Timken), the
Department is publishing this notice of
the CIT’s decision which is not in
harmony with the Department’s final
results in the 2005–2006 antidumping
duty administrative review of
freshwater crawfish tail meat from the
PRC.
FOR FURTHER INFORMATION CONTACT: Jeff
Pedersen or Howard Smith at (202) 482–
2769 or (202) 482–5193, respectively;
AD/CVD Operations, Office 4, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In the final results of the 2005–2006
antidumping duty administrative review
PO 00000
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16427
of freshwater crawfish tail meat from the
PRC, the Department found that Xuzhou
failed to report all of its US sales of
subject merchandise and assigned
Xuzhou the highest rate in the
proceeding as total AFA, i.e., the PRC–
wide rate of 223.01 percent. See
Freshwater Crawfish Tail Meat From the
People’s Republic of China: Final
Results and Partial Rescission of the
2005–2006 Antidumping Duty
Administrative Review and Rescission
of 2005–2006 New Shipper Reviews, 73
FR 20249 (April 15, 2008).
The surety of certain U.S. imports of
subject merchandise from Xuzhou
during the 2005–2006 period of review,
Washington International Insurance
Company, moved for judgment upon the
agency record. On July 29, 2009, the CIT
remanded the case for the Department to
reconsider whether circumstances
warranted partial or total AFA and for
determination of an AFA rate that more
closely reflects Xuzhou’s then–current
market practices during the period of
review. See Washington International
Insurance Company v. United States,
Court No. 08–00156, Slip Op. 09–78
(July 29, 2009).
On October 26, 2009, the Department
issued its final results of
redetermination, and again found that
the extensiveness of the unreported
subject merchandise sales necessitated
the application of total AFA. The
Department then calculated an AFA rate
of 188.52 percent using a methodology
similar to that employed in the final
results of the 2005–2006 administrative
review.
On February 9, 2010, the CIT held
that substantial evidence supported the
Department’s application of total AFA.
See Wash. Int’l Ins. Co. II. Further, the
CIT sustained the remand AFA rate as
rationally related to the record of
Xuzhou’s actual trading practices and
based on the Department’s reasonable
interpretation of the record.
Notification
In its decision in Timken, 893 F.2d at
341, 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 the Department’s determination.
The Court’s decision in Washington Int’l
Ins. Co. II, regarding the appropriate
AFA rate to assign to Xuzhou,
constitutes a final decision of that court
that is not in harmony with the
Department’s decision to apply an AFA
rate of 223.01 percent to Xuzhou in the
2005–2006 administrative review.
Therefore, publication of this notice
fulfills the Department’s obligation
E:\FR\FM\01APN1.SGM
01APN1
]]>Agencies
[Federal Register Volume 75, Number 62 (Thursday, April 1, 2010)]
[Notices]
[Pages 16426-16427]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7398]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty Order, Finding, or Suspended
Investigation; Opportunity To Request Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
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.
Background
Each year during the anniversary month of the publication of an
antidumping or countervailing duty order, finding, or suspension of
investigation, an interested party, as defined in section 771(9) of the
Tariff Act of 1930, as amended (``the Act''), may request, in
accordance with section 351.213 of the Department of Commerce (``the
Department'') regulations, that the Department conduct an
administrative review of that antidumping or countervailing duty order,
finding, or suspended investigation.
Respondent Selection
In the event the Department limits the number of respondents for
individual examination for administrative review initiated pursuant to
requests made for the orders identified below, the Department intends
to select respondents based on U.S. Customs and Border Protection
(``CBP'') data for U.S. imports during the period of review (``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 the initiation notice and make our decision regarding respondent
selection within 20 days of publication of the initiation Federal
Register notice. Therefore, we encourage all parties interested in
commenting on respondent selection to submit their APO applications on
the date of publication of the initiation notice, or as soon thereafter
as possible. The Department invites comments regarding the CBP data and
respondent selection within 10 calendar days of publication of the
Federal Register initiation notice.
Opportunity to Request a Review: Not later than the last day of
April 2010,\1\ interested parties may request administrative review of
the following orders, findings, or suspended investigations, with
anniversary dates in April for the following periods:
---------------------------------------------------------------------------
\1\ Or the next business day, if the deadline falls on a
weekend, federal holiday or any other day when the Department is
closed.
------------------------------------------------------------------------
Period of review
------------------------------------------------------------------------
Antidumping Duty Proceedings
France: Sorbitol, A-427-001......................... 4/1/09-3/31/10
India: 1-Hydroxyethylidene-1, 1-Diphosphonic Acid 4/23/09-3/31/10
(HEDP) A-533-847...................................
Norway: Fresh and Chilled Atlantic Salmon, A-403-801 4/1/09-3/31/10
The People's Republic of China:
Activated Carbon, A-570-904..................... 4/1/09-3/31/10
Certain Steel Threaded Rod, A-570-932........... 10/8/08-3/31/10
Frontseating Service Valves, A-570-933.......... 10/22/08-3/31/10
1-Hydroxyethylidene-1, 1-Diphosphonic Acid 4/23/09-3/31/10
(HEDP), A-570-934..............................
Magnesium Metal, A-570-896...................... 4/1/09-3/31/10
Non-Malleable Cast Iron Pipe Fittings, A-570-875 4/1/09-3/31/10
Russia: Magnesium Metal, A-821-819.................. 4/1/09-3/31/10
Countervailing Duty Proceedings
Norway: Fresh and Chilled Atlantic Salmon, C-403-802 1/1/09-12/31/09
------------------------------------------------------------------------
Suspension Agreements
None.
In accordance with 19 CFR 351.213(b), an interested party as
defined by section 771(9) of the Act may request in writing that the
Secretary conduct an administrative review. For both antidumping and
countervailing duty reviews, the interested party must specify the
individual producers or exporters covered by an antidumping finding or
an antidumping or countervailing duty order or suspension agreement for
which it is requesting a review. In addition, a domestic interested
party or an interested described in section 771(9)(B) of the Act must
state why it desires the Secretary to review those particular producers
or exporters.\2\ If the interested party intends for the Secretary to
review sales of merchandise by an exporter (or a producer if that
producer also exports merchandise from other suppliers) which were
produced in more than one country of origin and each country of origin
is subject to a separate order, then the interested party must state
specifically, on an order-by-order basis, which exporter(s) the request
is intended to cover.
---------------------------------------------------------------------------
\2\ If the review request involves a non-market economy country
and the parties subject to the review request do not qualify for
separate rates, all other exporters of subject merchandise from the
non-market economy country who do not have a separate rate will be
covered by the review as part of the single entity of which the
named firms are a part.
---------------------------------------------------------------------------
Please note that, for any party the Department was unable to locate
in prior segments, the Department will not accept a request for an
administrative review of that party absent new information as to the
party's location. Moreover, if the interested party who files a request
for review is unable to locate the producer or exporter for which it
requested the review, the interested party must provide an explanation
of the attempts it made to locate the producer or exporter at the same
time it files its request for review, in order for the Secretary to
determine if the interested party's attempts were
[[Page 16427]]
reasonable, pursuant to 19 CFR 351.303(f)(3)(ii) of the regulations.
As explained in Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), the
Department has clarified its practice with respect to the collection of
final antidumping duties on imports of merchandise where intermediate
firms are involved. The public should be aware of this clarification in
determining whether to request an administrative review of merchandise
subject to antidumping findings and orders. See also the Import
Administration web site at https://ia.ita.doc.gov.
Six copies of the request should be submitted to the Assistant
Secretary for Import Administration, International Trade
Administration, Room 1870, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230. The Department also
asks parties to serve a copy of their requests to the Office of
Antidumping/Countervailing Duty Operations, Attention: Sheila Forbes,
in room 3065 of the main Commerce Building. Further, in accordance with
section 351.303(f)(l)(i) of the Department's regulations, a copy of
each request must be served on every party on the Department's service
list.
The Department will publish in the Federal Register a notice of
``Initiation of Administrative Review of Antidumping or Countervailing
Duty Order, Finding, or Suspended Investigation'' for requests received
by the last day of April 2010. If the Department does not receive, by
the last day of April 2010, a request for review of entries covered by
an order, finding, or suspended investigation listed in this notice and
for the period identified above, the Department will instruct CBP to
assess antidumping or countervailing duties on those entries at a rate
equal to the cash deposit of (or bond for) estimated antidumping or
countervailing duties required on those entries at the time of entry,
or withdrawal from warehouse, for consumption and to continue to
collect the cash deposit previously ordered.
For the first administrative review of any order, there will be no
assessment of antidumping or countervailing duties on entries of
subject merchandise entered, or withdrawn from warehouse, for
consumption during the relevant provisional-measures ``gap'' period, of
the order, if such a gap period is applicable to the POR.
This notice is not required by statute but is published as a
service to the international trading community.
Dated: March 26, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-7398 Filed 3-31-10; 8:45 am]
BILLING CODE 3510-DS-P
