Raw Flexible Magnets From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review, 22740-22741 [2010-10176]
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Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices
International Trade Compliance
Analyst, Import Administration; First
Administrative Review of Steel Wire
Garment Hangers from the People’s
Republic of China: Selection of
Respondents for Individual Review,’’
dated February 12, 2010. Between
March 2010 and April 2010, the selected
respondents submitted responses to the
Department’s antidumping duty
questionnaire, dated February 12, 2010.
the publication of the preliminary
results.
This notice is published pursuant to
sections 751(a)(3)(A) and 777(i) of the
Act and 19 CFR 351.213(h)(2).
Dated: April 26, 2010.
Edward C. Yang,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2010–10182 Filed 4–29–10; 8:45 am]
wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
Extension of Time Limit for the
Preliminary Results
BILLING CODE 3510–DS–P
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (‘‘the Act’’),
requires the Department to issue the
preliminary results of an administrative
review within 245 days after the last day
of the anniversary month of an order for
which a review is requested. If it is not
practicable to complete the review
within the time period, section
751(a)(3)(A) of the Act allows the
Department to extend this deadline to
365 days.
The Department finds that it is not
practicable to complete the preliminary
results of this administrative review
within the time period set forth in the
Initiation, as tolled. Specifically, we
determine that it is not practicable to
complete the preliminary results of this
administrative review within the
original time limit because the
respondent selection process was
complicated due to the conflicting
comments submitted by interesting
parties, and the Department requires
additional time to analyze questionnaire
responses, issue supplemental
questionnaires, and evaluate surrogate
value submissions for purposes of the
preliminary results.
Because the current deadline does not
afford the Department adequate time to
gather, analyze, request supplementary
information, and review surrogate value
information, the Department requires
more time to complete the preliminary
results. Therefore, in accordance with
section 751(a)(3)(A) of the Act, the
Department finds that it is not
practicable to complete the preliminary
results within the original time period
and is extending the time limit for
issuing the preliminary results by 120
days until November 8, 2010.1 The final
results continue to be due 120 days after
DEPARTMENT OF COMMERCE
1 One hundred and twenty days from July 10,
2010, is November 7, 2010, which is a Sunday.
However, Department practice dictates that where
a deadline falls on a weekend, the appropriate
deadline is the next business day. See Notice of
Clarification: Application of ‘‘Next Business Day’’
Rule for Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As Amended, 70
FR 24533 (May 10, 2005).
VerDate Mar<15>2010
13:41 Apr 29, 2010
Jkt 220001
International Trade Administration
[A–570–922]
Raw Flexible Magnets From the
People’s Republic of China: Initiation
of Antidumping Duty New Shipper
Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: April 30, 2010.
SUMMARY: The Department of Commerce
(‘‘Department’’) has determined that a
request for a new shipper review of the
antidumping duty order on raw flexible
magnets (‘‘magnets’’) from the People’s
Republic of China (‘‘PRC’’) meets the
statutory and regulatory requirements
for initiation. The period of review
(‘‘POR’’) for the new shipper review is
September 1, 2009, through February
28, 2010.
FOR FURTHER INFORMATION CONTACT:
Rebecca Pandolph or Zhulieta
Willbrand, AD/CVD Operations, Office
4, Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, N.W.,
Washington, DC 20230, telephone: (202)
482–3627, or (202) 482–3147,
respectively.
SUPPLEMENTARY INFORMATION:
Background
The antidumping duty order on
magnets from the PRC was published on
September 17, 2008. See Antidumping
Duty Order: Raw Flexible Magnets from
the People’s Republic of China, 73 FR
53847 (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 a new shipper review
from Jingzhou Meihou Flexible Magnet
Company, Ltd. (‘‘Jingzhou Meihou’’).
However, the company business
proprietary version was not properly
bracketed. The Department requested
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
that Jingzhou Meihou resubmit the new
shipper review request and noted that
the resubmission would be considered
timely for consideration of a new
shipper review. See Memorandum to
the File from Rebecca Pandolph,
International Trade Compliance
Analyst, AD/CVD Operations, Office 4,
‘‘Antidumping Duty Order on Raw
Flexible Magnets from the People’s
Republic of China,’’ dated April 5, 2010.
On April 5, 2010, Jingzhou Meihou
resubmitted its new shipper review
request. Jingzhou Meihou certified that
Jingzhou Meihou is both the exporter
and producer of the subject
merchandise upon which its request for
a new shipper review was 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 raw flexible magnets to the
United States during the period of
investigation (‘‘POI’’), i.e., January 1,
2007 through June 30, 2007. 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
magnets to the United States during the
POI, including those not individually
examined during the investigation. As
required by 19 CFR 351.214(b)(2)(iii)(B),
Jingzhou Meihou, also certified that its
export activities were not controlled by
the central government of the PRC.
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 magnets
for export to the United States and the
date on which the magnets were first
entered, or withdrawn from warehouse,
for consumption; (2) the volume of its
first shipment;1 and (3) the date of its
first sale to an unaffiliated customer in
the United States.
The Department conducted a U.S.
Customs and Border Protection (‘‘CBP’’)
database query and confirmed that
shipment of subject merchandise from
Jingzhou Meihou had entered the
United States for consumption and that
liquidation of such entry had been
1 Jingzhou Meihou made no subsequent
shipments to the United States.
E:\FR\FM\30APN1.SGM
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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
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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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]]>Agencies
[Federal Register Volume 75, Number 83 (Friday, April 30, 2010)]
[Notices]
[Pages 22740-22741]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-10176]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-922]
Raw Flexible Magnets From the People's Republic of China:
Initiation of Antidumping Duty New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: April 30, 2010.
SUMMARY: The Department of Commerce (``Department'') has determined
that a request for a new shipper review of the antidumping duty order
on raw flexible magnets (``magnets'') from the People's Republic of
China (``PRC'') meets the statutory and regulatory requirements for
initiation. The period of review (``POR'') for the new shipper review
is September 1, 2009, through February 28, 2010.
FOR FURTHER INFORMATION CONTACT: Rebecca Pandolph or Zhulieta
Willbrand, AD/CVD Operations, Office 4, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, N.W., Washington, DC 20230, telephone:
(202) 482-3627, or (202) 482-3147, respectively.
SUPPLEMENTARY INFORMATION:
Background
The antidumping duty order on magnets from the PRC was published on
September 17, 2008. See Antidumping Duty Order: Raw Flexible Magnets
from the People's Republic of China, 73 FR 53847 (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 a new shipper review from
Jingzhou Meihou Flexible Magnet Company, Ltd. (``Jingzhou Meihou'').
However, the company business proprietary version was not properly
bracketed. The Department requested that Jingzhou Meihou resubmit the
new shipper review request and noted that the resubmission would be
considered timely for consideration of a new shipper review. See
Memorandum to the File from Rebecca Pandolph, International Trade
Compliance Analyst, AD/CVD Operations, Office 4, ``Antidumping Duty
Order on Raw Flexible Magnets from the People's Republic of China,''
dated April 5, 2010. On April 5, 2010, Jingzhou Meihou resubmitted its
new shipper review request. Jingzhou Meihou certified that Jingzhou
Meihou is both the exporter and producer of the subject merchandise
upon which its request for a new shipper review was 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 raw
flexible magnets to the United States during the period of
investigation (``POI''), i.e., January 1, 2007 through June 30, 2007.
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 magnets to the United States
during the POI, including those not individually examined during the
investigation. As required by 19 CFR 351.214(b)(2)(iii)(B), Jingzhou
Meihou, also certified that its export activities were not controlled
by the central government of the PRC.
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 magnets for export to the United States and the date on which
the magnets were first entered, or withdrawn from warehouse, for
consumption; (2) the volume of its first shipment;\1\ and (3) the date
of its first sale to an unaffiliated customer in the United States.
---------------------------------------------------------------------------
\1\ Jingzhou Meihou made no subsequent shipments to the United
States.
---------------------------------------------------------------------------
The Department conducted a U.S. Customs and Border Protection
(``CBP'') database query and confirmed that shipment of subject
merchandise from Jingzhou Meihou had entered the United States for
consumption and that liquidation of such entry had been
[[Page 22741]]
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 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
