Certain Hot-Rolled Carbon Steel Flat Products from India: Extension of Time Limit for Final Results of Countervailing Duty Administrative Review, 18152 [2010-8158]

Download as PDF 18152 Federal Register / Vol. 75, No. 68 / Friday, April 9, 2010 / Notices and again remanded the case to the Department. On April 3, 2008, the Department issued its final results of redetermination pursuant to Agro Dutch II. The remand redetermination explained that, in accordance with the CIT’s instructions, the Department analyzed the information on the record and made its determination for certain Agro Dutch sales on the basis of facts available without imputing an adverse inference. The Department’s redetermination resulted in a change to the Final Results weighted–average margin for Agro Dutch from 27.80 percent to 1.54 percent. The CIT sustained the Department’s remand redetermination on May 8, 2008. See Agro Dutch III. On May 23, 2008, consistent with the decision in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990), the Department notified the public that the CIT’s decision was not in harmony with the Department’s Final Results. See Certain Preserved Mushrooms from India: Notice of Court Decision Not in Harmony with Final Results of Administrative Review, 73 FR 30051 (May 23, 2008). Subsequent to the CIT’s judgment upholding Commerce’s remand redetermination, in October 2008, the CIT exercised its equitable power to order reliquidation of some of Agro Dutch’s entries. Specifically, the CIT amended the effective date of the injunction retroactively to the date the CIT granted the injunction (i.e., October 1, 2002) and ordered that Agro Dutch’s entries of subject merchandise that were liquidated on or after October 1, 2002, pursuant to the Department’s Final Results, be reliquidated in accordance with the CIT’s judgment in Agro Dutch III. See Agro Dutch IV. The Government appealed the CIT’s decision in Agro Dutch IV to the CAFC and on December 15, 2009, the CAFC affirmed the CIT’s decision. See Agro Dutch V. Because there is now a final and conclusive court decision in this case, the Department is amending the final results of the 2000–2001 administrative review. srobinson on DSKHWCL6B1PROD with NOTICES Amended Final Results of Review We are amending the final results of the 2000–2001 administrative review of the antidumping duty order on certain preserved mushrooms from India to reflect the results of our remand redetermination. Specifically, the Department’s redetermination resulted in changes to the Final Results weighted–average margin for Agro Dutch from 27.80 percent to 1.54 percent. VerDate Nov<24>2008 17:07 Apr 08, 2010 Jkt 220001 Assessment The Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries for this review in accordance with these amended final results of review. Additionally, pursuant to the CIT’s decision in Agro Dutch IV, as affirmed by the CAFC, the Department will instruct CBP to reliquidate, in accordance with these amended final results of review, Agro Dutch’s entries of subject merchandise that were liquidated on or after October 1, 2002, pursuant to the Final Results. We intend to issue the assessment instructions to CBP 15 days after the date of publication of these amended final results of review. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: April 2, 2010. John M. Andersen, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. 2010–8164 Filed 4–8–10; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [C–533–821] Certain Hot–Rolled Carbon Steel Flat Products from India: Extension of Time Limit for Final Results of Countervailing Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. FOR FURTHER INFORMATION CONTACT: Gayle Longest, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, Room 4014, 14th Street and Constitution Ave., NW, Washington, DC 20230, telephone: (202) 482–3338. SUPPLEMENTARY INFORMATION: Background On January 11, 2010, the U.S. Department of Commerce (‘‘the Department’’) published a notice of preliminary results of the administrative review of the countervailing duty order on certain hot–rolled carbon steel flat products from India covering the period January 1, 2008, through December 31, 2008. See Certain Hot–Rolled Carbon Steel Flat Products From India: Preliminary Results of Countervailing Duty Administrative Review, 75 FR 1496 (January 11, 2010). Therefore, the final PO 00000 Frm 00009 Fmt 4703 Sfmt 9990 results were originally due no later than May 11, 2010. As explained in the memorandum from the Deputy Assistant Secretary for Import Administration, the Department has exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from February 5, through February 12, 2010. Thus, all deadlines in this segment of the proceeding have been extended by seven days. The revised deadline for the final results of this review is now May 18, 2010. See Memorandum to the Record from Ronald Lorentzen, DAS for Import Administration, regarding ‘‘Tolling of Administrative Deadlines As a Result of the Government Closure During the Recent Snowstorm,’’ dated February 12, 2010. Extension of Time Limit for Final Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), requires the Department to make a final determination within 120 days after the date on which the preliminary results is published. Section 751(a)(3)(A) of the Act further states that if it is not practicable to complete the review within the time period specified, the administering authority may extend the 120-day period to issue its final results to up to 180 days. Due to the issues in this administrative review, such as the number and complexity of programs under review during the POR, we have determined that it is not practicable to complete the final results within the 120-day period. Therefore, in accordance with section 751(a)(3)(A) of the Act, we are extending the time period for issuing the final results of the review by 60 days. The final results are now due no later than July 17, 2010. However, because July 17, 2010, falls on a weekend, the actual due date will be the first business day following the weekend, i.e., July 19, 2010. This notice is issued and published in accordance with section 751(a)(3)(A) of the Act. Dated: April 5, 2010. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2010–8158 Filed 4–8–10; 8:45 am] BILLING CODE 3510–DS–S E:\FR\FM\09APN1.SGM 09APN1

Agencies

[Federal Register Volume 75, Number 68 (Friday, April 9, 2010)]
[Notices]
[Page 18152]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8158]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-821]


Certain Hot-Rolled Carbon Steel Flat Products from India: 
Extension of Time Limit for Final Results of Countervailing Duty 
Administrative Review

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

FOR FURTHER INFORMATION CONTACT: Gayle Longest, AD/CVD Operations, 
Office 3, Import Administration, International Trade Administration, 
U.S. Department of Commerce, Room 4014, 14th Street and Constitution 
Ave., NW, Washington, DC 20230, telephone: (202) 482-3338.

SUPPLEMENTARY INFORMATION:

Background

    On January 11, 2010, the U.S. Department of Commerce (``the 
Department'') published a notice of preliminary results of the 
administrative review of the countervailing duty order on certain hot-
rolled carbon steel flat products from India covering the period 
January 1, 2008, through December 31, 2008. See Certain Hot-Rolled 
Carbon Steel Flat Products From India: Preliminary Results of 
Countervailing Duty Administrative Review, 75 FR 1496 (January 11, 
2010). Therefore, the final results were originally due no later than 
May 11, 2010. As explained in the memorandum from the Deputy Assistant 
Secretary for Import Administration, the Department has exercised its 
discretion to toll deadlines for the duration of the closure of the 
Federal Government from February 5, through February 12, 2010. Thus, 
all deadlines in this segment of the proceeding have been extended by 
seven days. The revised deadline for the final results of this review 
is now May 18, 2010. See Memorandum to the Record from Ronald 
Lorentzen, DAS for Import Administration, regarding ``Tolling of 
Administrative Deadlines As a Result of the Government Closure During 
the Recent Snowstorm,'' dated February 12, 2010.

Extension of Time Limit for Final Results

    Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (``the 
Act''), requires the Department to make a final determination within 
120 days after the date on which the preliminary results is published. 
Section 751(a)(3)(A) of the Act further states that if it is not 
practicable to complete the review within the time period specified, 
the administering authority may extend the 120-day period to issue its 
final results to up to 180 days.
    Due to the issues in this administrative review, such as the number 
and complexity of programs under review during the POR, we have 
determined that it is not practicable to complete the final results 
within the 120-day period. Therefore, in accordance with section 
751(a)(3)(A) of the Act, we are extending the time period for issuing 
the final results of the review by 60 days. The final results are now 
due no later than July 17, 2010. However, because July 17, 2010, falls 
on a weekend, the actual due date will be the first business day 
following the weekend, i.e., July 19, 2010.
    This notice is issued and published in accordance with section 
751(a)(3)(A) of the Act.

    Dated: April 5, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2010-8158 Filed 4-8-10; 8:45 am]
BILLING CODE 3510-DS-S