Raw Flexible Magnets From the People's Republic of China: Initiation of Countervailing Duty New Shipper Review, 22741-22742 [2010-10170]
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Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices
wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
properly suspended for antidumping
duties. The Department also confirmed
by examining CBP data that Jingzhou
Meihou’s entry was made during the
POR as specified by the Department’s
regulations. See 19 CFR
351.214(g)(1)(i)(B). After examining CBP
data, the Department requested
additional information from Jingzhou
Meihou. See letter to Jingzhou Meihou
regarding, ‘‘Request for Antidumping
and Countervailing Duty New Shipper
Review of Raw Flexible Magnets from
the People’s Republic of China,’’ dated
April 8, 2010. On April 12, 2010,
Jingzhou Meihou submitted its response
to the Department’s request for
additional information. See Jingzhou
Meihou’s letter regarding, ‘‘Request for
More Information regarding Initiation of
Antidumping and Countervailing Duty
new Shipper Reviews of raw Flexible
Magnets from the People’s Republic of
China,’’ dated April 12, 2010.
Pursuant to 19 CFR 351.221(c)(1)(i),
the Department will publish the notice
of initiation of a new shipper review no
later than the last day of the month
following the anniversary month or
semiannual anniversary month of the
order. Thus, the deadline for publishing
this notice of initiation is April 30,
2010.
Initiation of New Shipper Reviews
Pursuant to section 751(a)(2)(B) of the
Act and 19 CFR 351.214(d)(1), the
Department finds that Jingzhou Meihou
meets the threshold requirements for
initiation of a new shipper review of its
shipment of magnets from the PRC. See
Memorandum to the File through
Abdelali Elouaradia, Director, AD/CVD
Operations, Office 4: Initiation of AD
New Shipper Review of Jingzhou
Meihou.: Raw Flexible Magnets from the
People’s Republic of China, dated
concurrently with this notice; and
Jingzhou Meihou Checklist.
The POR for the new shipper review
of Jingzhou Meihou is September 1,
2009, through February 28, 2010. See 19
CFR 351.214(g)(1)(i)(B). The Department
intends to issue the preliminary results
of this review no later than 180 days
from the date of initiation, and the final
results of this review no later than 270
days from the date of initiation. See
section 751(a)(2)(B)(iv) of the Act.
It is the Department’s usual practice,
in cases involving non–market economy
countries, to require that a company
seeking to establish eligibility for an
antidumping duty rate separate from the
country–wide rate provide evidence of
de jure and de facto absence of
government control over the company’s
export activities. Accordingly, we will
issue a questionnaire to Jingzhou
VerDate Mar<15>2010
13:41 Apr 29, 2010
Jkt 220001
Meihou, which will include a separate
rate section. The review of Jingzhou
Meihou will proceed if the response
provides sufficient indication that
Jingzhou Meihou is not subject to either
de jure or de facto government control
with respect to its exports of magnets.
We will instruct CBP to allow, at the
option of the importer, the posting, until
the completion of the review, of a bond
or security in lieu of a cash deposit for
certain entries of the subject
merchandise from Jingzhou Meihou in
accordance with section 751(a)(2)(B)(iii)
of the Act and 19 CFR 351.214(e).
Because Jingzhou Meihou certified that
it both produces and exports the subject
merchandise, the sales of which form
the basis for its new shipper review
request, we will instruct CBP to permit
the use of a bond only for entries of
subject merchandise which the
respondent both produced and
exported.
Interested parties requiring access to
proprietary information in this new
shipper review should submit
applications for disclosure under
administrative protective order in
accordance with 19 CFR 351.305 and
351.306.
This initiation and notice are
published in accordance with section
751(a)(2)(B) of the Act and 19 CFR
351.214 and 351.221(c)(1)(i).
Dated: April 26, 2010.
Edward C. Yang,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2010–10176 Filed 4–29–10; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–923]
Raw Flexible Magnets From the
People’s Republic of China: Initiation
of Countervailing Duty New Shipper
Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: April 30, 2010.
SUMMARY: The Department of Commerce
(the Department) has determined that a
request for a new shipper review of the
countervailing duty (CVD) order on raw
flexible magnets (RFM) from the
People’s Republic of China (the PRC)
meets the statutory and regulatory
requirements for initiation. The period
of review (POR) for the new shipper
review is January 1, 2009, through
February 28, 2010.
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
22741
FOR FURTHER INFORMATION CONTACT:
Kristen Johnson, AD/CVD Operations,
Office 3, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington, DC 20230, telephone: (202)
482–4793.
SUPPLEMENTARY INFORMATION:
Background
The CVD order on RFM from the PRC
was published on September 17, 2008.
See Raw Flexible Magnets from the
People’s Republic of China:
Countervailing Duty Order, 73 FR 53849
(September 17, 2008). On March 29,
2010, pursuant to section 751(a)(2)(B)(i)
of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.214(c), the
Department received a timely request
for new shipper review from Jingzhou
Meihou Flexible Magnet Company, Ltd.
(Jingzhou Meihou). The company’s
business proprietary version, however,
was not properly bracketed. The
Department, therefore, rejected that
submission and requested that Jingzhou
Meihou resubmit the request, which
would be considered timely for
consideration of a new shipper review.
See Memorandum to the File from
Kristen Johnson, Trade Analyst, AD/
CVD Operations, Office 3, regarding
‘‘Jingzhou Meihou’s New Shipper
Review Submission Rejected,’’ dated
April 1, 2010.1 On April 5, 2010,
Jingzhou Meihou resubmitted its new
shipper review request. Jingzhou
Meihou certified that it is both the
exporter and producer of the subject
merchandise upon which its request for
a new shipper review is based. On April
23, 2010, Magnum Magnetics
Corporation (Petitioner) submitted
comments regarding the request for new
shipper review by Jingzhou Meihou.
The Department is currently evaluating
the comments submitted by Petitioner
and will address the comments during
the new shipper review.
Pursuant to section 751(a)(2)(B)(i)(I) of
the Act and 19 CFR 351.214(b)(2)(i),
Jingzhou Meihou certified that it did not
export RFM to the United States during
the period of investigation (POI).2
Further, pursuant to section
751(a)(2)(B)(i)(II) of the Act and 19 CFR
351.214(b)(2)(iii)(A), Jingzhou Meihou
certified that, since the initiation of the
investigation, it has never been affiliated
with any PRC exporter or producer who
exported RFM to the United States
1 This public document and all other public
Departmental documents are available on the public
record located within the Central Records Unit
(CRU), Room 1117 of the Commerce building.
2 The CVD POI was January 1, 2006, through
December 31, 2006.
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22742
Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices
wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
during the POI, including those not
individually examined during the
investigation.
In addition to the certifications
described above, pursuant to 19 CFR
351.214(b)(2)(iv), Jingzhou Meihou
submitted documentation establishing
the following: (1) the date on which
Jingzhou Meihou first shipped RFM for
export to the United States and the date
on which the RFM were first entered, or
withdrawn from warehouse, for
consumption; (2) the volume of its first
shipment;3 and (3) the date of its first
sale to an unaffiliated customer in the
United States. Jingzhou Meihou also
certified that, in accordance with 19
CFR 351.214(b)(2)(v), it has informed
the Government of the People’s
Republic of China that it will be
required to provide a full response to
the Department’s questionnaire.
The Department conducted a U.S.
Customs and Border Protection (CBP)
database query and confirmed that the
shipment of subject merchandise from
Jingzhou Meihou entered the United
States for consumption and liquidation
of such entry was properly suspended
for countervailing duties. After
examining the CBP data, the Department
requested additional information from
Jingzhou Meihou. See letter to Jingzhou
Meihou regarding, ‘‘Request for
Antidumping and Countervailing Duty
New Shipper Review of Raw Flexible
Magnets from the People’s Republic of
China,’’ dated April 8, 2010. On April
12, 2010, Jingzhou Meihou submitted its
response to the Department’s request for
additional information. See Jingzhou
Meihou’s letter regarding, ‘‘Request for
More Information regarding Initiation of
Antidumping and Countervailing Duty
New Shipper Reviews of Raw Flexible
Magnets from the People’s Republic of
China,’’ dated April 12, 2010.
Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B) of the
Act and 19 CFR 351.214, the
Department finds that Jingzhou Meihou
meets the threshold requirements for
initiation of a new shipper review of its
shipment of RFM from the PRC. See
Memorandum to the File through
Melissa G. Skinner, Director, AD/CVD
Operations, Office 3, from Kristen
Johnson, Trade Analyst, AD/CVD
Operations, Office 3, regarding
‘‘Initiation of CVD New Shipper Review
of Jingzhou Meihou: Raw Flexible
Magnets from the People’s Republic of
China,’’ dated concurrently with this
notice.
3 This shipment constitutes the only shipment
that Jingzhou Meihou has made to the United
States.
VerDate Mar<15>2010
13:41 Apr 29, 2010
Jkt 220001
The Department’s regulations state, in
19 CFR 351.214(g)(2), that the POR for
a CVD new shipper review will be the
same period as that specified in 19 CFR
351.213.(e)(2), which states that the
Department normally will cover entries
of subject merchandise during the most
recently completed calendar year.
However, the Department noted in the
Preamble to its Final Regulations that
the regulations continue to ‘‘provide the
Department with sufficient flexibility to
resolve any problems that may arise by
modifying the standard review period.’’
See Antidumping Duties; Countervailing
Duties; Final Rule, 62 FR 27320 (May
19, 1997) (Preamble). The Department’s
regulations permit a party to file a
request for a new shipper review during
the six month period preceding the
anniversary month and the six month
period preceding the semiannual
anniversary month. If a calendar year
standard is utilized, as noted in the
Department’s regulations, Jingzhou
Meihou’s entry would not be covered in
the review. Therefore, the review period
for this new shipper review will be
January 1, 2009, through February 28,
2010.
Pursuant to 19 CFR 351.221(c)(1)(i),
the Department will publish the notice
of initiation of a new shipper review no
later than the last day of the month
following the anniversary month or
semiannual anniversary month of the
order. Thus, the deadline for publishing
this notice of initiation is April 30,
2010.
The Department intends to issue the
preliminary results of this review no
later than 180 days after the date of
initiation, and the final results of this
review no later than 90 days after the
date on which the preliminary results
are issued. See 19 CFR 351.214(i).
We will instruct CBP to allow, at the
option of the importer, the posting, until
the completion of the review, of a bond
or security in lieu of a cash deposit for
certain entries of the subject
merchandise from Jingzhou Meihou in
accordance with section 751(a)(2)(B)(iii)
of the Act and 19 CFR 351.214(e).
Because Jingzhou Meihou certified that
it both produces and exports the subject
merchandise, the sales of which form
the basis for its new shipper review
request, we will instruct CBP to permit
the use of a bond only for entries of
subject merchandise which the
respondent both produced and
exported.
Interested parties requiring access to
proprietary information in this new
shipper review should submit
applications for disclosure under
administrative protective order in
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
accordance with 19 CFR 351.305 and
351.306.
This initiation and notice are
published in accordance with section
751(a)(2)(B) of the Act and 19 CFR
351.214 and 351.221(c)(1)(i).
Dated: April 22, 2010.
Edward C. Yang,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2010–10170 Filed 4–29–10; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–912]
New Pneumatic Off–the-Road Tires
From the People’s Republic of China:
Rescission of New Shipper Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: April 30, 2010.
SUMMARY: In response to a request from
Yituo Orient Good Friend Tyre Co., Ltd.,
(‘‘OGF’’), the Department of Commerce
(the ‘‘Department’’) published on
November 2, 2009, a Federal Register
notice announcing the initiation of a
new shipper review of the antidumping
duty order on new pneumatic off–theroad tires (‘‘OTR tires’’) from the
People’s Republic of China (‘‘PRC’’) for
the period February 20, 2008, through
August 31, 2009. On March 22, 2010,
OGF withdrew its request for a new
shipper review. Therefore, we are
rescinding this new shipper review with
respect to OGF.
FOR FURTHER INFORMATION CONTACT: John
Hollwitz or Charles Riggle, AD/CVD
Operations, Office 8, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–2336 and (202)
482–0650, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 30, 2009, the
Department received a timely request
from OGF in accordance with section
751(a)(2)(B)(i) of the Tariff Act of 1930,
as amended (the ‘‘Act’’), and 19 CFR
351.214(c), for a new shipper review of
the antidumping duty order on OTR
tires from the PRC. On November 2,
2009, the Department found that the
request for review with respect to OGF
met all of the regulatory requirements
set forth in 19 CFR 351.214(b) and
E:\FR\FM\30APN1.SGM
30APN1
]]>Agencies
[Federal Register Volume 75, Number 83 (Friday, April 30, 2010)]
[Notices]
[Pages 22741-22742]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-10170]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-923]
Raw Flexible Magnets From the People's Republic of China:
Initiation of Countervailing Duty New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: April 30, 2010.
SUMMARY: The Department of Commerce (the Department) has determined
that a request for a new shipper review of the countervailing duty
(CVD) order on raw flexible magnets (RFM) from the People's Republic of
China (the PRC) meets the statutory and regulatory requirements for
initiation. The period of review (POR) for the new shipper review is
January 1, 2009, through February 28, 2010.
FOR FURTHER INFORMATION CONTACT: Kristen Johnson, AD/CVD Operations,
Office 3, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230, telephone: (202) 482-4793.
SUPPLEMENTARY INFORMATION:
Background
The CVD order on RFM from the PRC was published on September 17,
2008. See Raw Flexible Magnets from the People's Republic of China:
Countervailing Duty Order, 73 FR 53849 (September 17, 2008). On March
29, 2010, pursuant to section 751(a)(2)(B)(i) of the Tariff Act of
1930, as amended (the Act), and 19 CFR 351.214(c), the Department
received a timely request for new shipper review from Jingzhou Meihou
Flexible Magnet Company, Ltd. (Jingzhou Meihou). The company's business
proprietary version, however, was not properly bracketed. The
Department, therefore, rejected that submission and requested that
Jingzhou Meihou resubmit the request, which would be considered timely
for consideration of a new shipper review. See Memorandum to the File
from Kristen Johnson, Trade Analyst, AD/CVD Operations, Office 3,
regarding ``Jingzhou Meihou's New Shipper Review Submission Rejected,''
dated April 1, 2010.\1\ On April 5, 2010, Jingzhou Meihou resubmitted
its new shipper review request. Jingzhou Meihou certified that it is
both the exporter and producer of the subject merchandise upon which
its request for a new shipper review is based. On April 23, 2010,
Magnum Magnetics Corporation (Petitioner) submitted comments regarding
the request for new shipper review by Jingzhou Meihou. The Department
is currently evaluating the comments submitted by Petitioner and will
address the comments during the new shipper review.
---------------------------------------------------------------------------
\1\ This public document and all other public Departmental
documents are available on the public record located within the
Central Records Unit (CRU), Room 1117 of the Commerce building.
---------------------------------------------------------------------------
Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR
351.214(b)(2)(i), Jingzhou Meihou certified that it did not export RFM
to the United States during the period of investigation (POI).\2\
Further, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR
351.214(b)(2)(iii)(A), Jingzhou Meihou certified that, since the
initiation of the investigation, it has never been affiliated with any
PRC exporter or producer who exported RFM to the United States
[[Page 22742]]
during the POI, including those not individually examined during the
investigation.
---------------------------------------------------------------------------
\2\ The CVD POI was January 1, 2006, through December 31, 2006.
---------------------------------------------------------------------------
In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(iv), Jingzhou Meihou submitted documentation
establishing the following: (1) the date on which Jingzhou Meihou first
shipped RFM for export to the United States and the date on which the
RFM were first entered, or withdrawn from warehouse, for consumption;
(2) the volume of its first shipment;\3\ and (3) the date of its first
sale to an unaffiliated customer in the United States. Jingzhou Meihou
also certified that, in accordance with 19 CFR 351.214(b)(2)(v), it has
informed the Government of the People's Republic of China that it will
be required to provide a full response to the Department's
questionnaire.
---------------------------------------------------------------------------
\3\ This shipment constitutes the only shipment that Jingzhou
Meihou has made to the United States.
---------------------------------------------------------------------------
The Department conducted a U.S. Customs and Border Protection (CBP)
database query and confirmed that the shipment of subject merchandise
from Jingzhou Meihou entered the United States for consumption and
liquidation of such entry was properly suspended for countervailing
duties. After examining the CBP data, the Department requested
additional information from Jingzhou Meihou. See letter to Jingzhou
Meihou regarding, ``Request for Antidumping and Countervailing Duty New
Shipper Review of Raw Flexible Magnets from the People's Republic of
China,'' dated April 8, 2010. On April 12, 2010, Jingzhou Meihou
submitted its response to the Department's request for additional
information. See Jingzhou Meihou's letter regarding, ``Request for More
Information regarding Initiation of Antidumping and Countervailing Duty
New Shipper Reviews of Raw Flexible Magnets from the People's Republic
of China,'' dated April 12, 2010.
Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214, the
Department finds that Jingzhou Meihou meets the threshold requirements
for initiation of a new shipper review of its shipment of RFM from the
PRC. See Memorandum to the File through Melissa G. Skinner, Director,
AD/CVD Operations, Office 3, from Kristen Johnson, Trade Analyst, AD/
CVD Operations, Office 3, regarding ``Initiation of CVD New Shipper
Review of Jingzhou Meihou: Raw Flexible Magnets from the People's
Republic of China,'' dated concurrently with this notice.
The Department's regulations state, in 19 CFR 351.214(g)(2), that
the POR for a CVD new shipper review will be the same period as that
specified in 19 CFR 351.213.(e)(2), which states that the Department
normally will cover entries of subject merchandise during the most
recently completed calendar year. However, the Department noted in the
Preamble to its Final Regulations that the regulations continue to
``provide the Department with sufficient flexibility to resolve any
problems that may arise by modifying the standard review period.'' See
Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27320 (May
19, 1997) (Preamble). The Department's regulations permit a party to
file a request for a new shipper review during the six month period
preceding the anniversary month and the six month period preceding the
semiannual anniversary month. If a calendar year standard is utilized,
as noted in the Department's regulations, Jingzhou Meihou's entry would
not be covered in the review. Therefore, the review period for this new
shipper review will be January 1, 2009, through February 28, 2010.
Pursuant to 19 CFR 351.221(c)(1)(i), the Department will publish
the notice of initiation of a new shipper review no later than the last
day of the month following the anniversary month or semiannual
anniversary month of the order. Thus, the deadline for publishing this
notice of initiation is April 30, 2010.
The Department intends to issue the preliminary results of this
review no later than 180 days after the date of initiation, and the
final results of this review no later than 90 days after the date on
which the preliminary results are issued. See 19 CFR 351.214(i).
We will instruct CBP to allow, at the option of the importer, the
posting, until the completion of the review, of a bond or security in
lieu of a cash deposit for certain entries of the subject merchandise
from Jingzhou Meihou in accordance with section 751(a)(2)(B)(iii) of
the Act and 19 CFR 351.214(e). Because Jingzhou Meihou certified that
it both produces and exports the subject merchandise, the sales of
which form the basis for its new shipper review request, we will
instruct CBP to permit the use of a bond only for entries of subject
merchandise which the respondent both produced and exported.
Interested parties requiring access to proprietary information in
this new shipper review should submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305 and
351.306.
This initiation and notice are published in accordance with section
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).
Dated: April 22, 2010.
Edward C. Yang,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-10170 Filed 4-29-10; 8:45 am]
BILLING CODE 3510-DS-S
