New Pneumatic Off-the-Road Tires From the People's Republic of China: Rescission of New Shipper Review, 22742-22743 [2010-10250]
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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withdrawn from warehouse, for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.
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13:41 Apr 29, 2010
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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
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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
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Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices
wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
initiated an antidumping duty new
shipper review. See New Pneumatic
Off–the-Road Tires from the People’s
Republic of China: Initiation of New
Shipper Review, 74 FR 56575
(‘‘Initiation Notice’’). On March 22, 2009,
OGF withdrew its request for a new
shipper review. On April 12, 2010, we
placed on the record and served to
parties a memo stating that the
Department intended to rescind the
above–referenced new shipper review.
We allowed parties to comment on the
intended rescission by no later than
April 19, 2010. See Memorandum to the
File regarding: Withdrawal of Request
for NSR from OGF, dated April 12,
2010. On April 14, 2010, the
Department received a letter from Titan
Tire Corporation (‘‘Titan’’) stating that
Titan had no objection to the
Department’s intended rescission of the
new shipper review. See Letter from
Titan regarding: Comments on Proposed
Rescission of New Shipper Review,
dated April 14, 2010.
Rescission of New Shipper Review
19 CFR 351.214(f)(1) provides that the
Department may rescind a new shipper
review if the party that requested the
review withdraws its request for review
within 60 days of the date of publication
of the notice of initiation of the
requested review. Although OGF
withdrew its request after the 60–day
deadline, we find it reasonable to
extend the deadline because we have
not yet committed significant resources
to the OGF new shipper review (e.g., we
have not issued our preliminary results).
Further, in this instance, no other
company would be affected by a
rescission, and we have received no
objections from any party to OGF’s
withdrawal of its request for this new
shipper review. Based upon the above,
we are rescinding the new shipper
review of the antidumping duty order
on OTR tires from the PRC with respect
to OGF. See Hand Trucks and Certain
Parts Thereof from the People’s
Republic of China: Notice of Rescission
of Antidumping Duty New Shipper
Review, 74 FR 31911 (July 6, 2009)
(rescinding new shipper review after
60–day deadline on same grounds). As
the Department is rescinding this new
shipper review, we are not calculating a
company–specific rate for OGF, and
OGF will remain part of the PRC entity.
Notifications
Because OGF remains part of the PRC
entity, its entries may be under review
in the ongoing administrative review.
Accordingly, the Department will not
order liquidation of entries for OGF. The
Department intends to issue liquidation
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22743
instructions for the PRC entity, which
will cover any entries by OGF, 15 days
after publication of the final results of
the ongoing administrative review.
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
This notice also serves as the only
reminder to parties subject to
administrative protective orders (‘‘APO’’)
of their responsibility concerning the
return or destructions of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a).
Timely written notification of the
return/destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
We are issuing and publishing this
determination and notice in accordance
with section 777(i) of the Act and 19
CFR 351.214(f)(3).
Secretary of Commerce, Attn: James
Terpstra, Import Administration, APO/
Dockets Unit, Room 1870, U.S.
Department of Commerce, 14th Street
&Constitution Ave., NW., Washington,
DC 20230.
FOR FURTHER INFORMATION CONTACT:
James Terpstra, Import Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202)
482–3965.
SUPPLEMENTARY INFORMATION:
Dated: April 26, 2010.
Edward C. Yang,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
Given the large number of countries
that export softwood lumber and
softwood lumber products to the United
States, we are soliciting public comment
only on subsidies provided by countries
whose exports accounted for at least one
percent of total U.S. imports of softwood
lumber by quantity, as classified under
Harmonized Tariff Schedule code
4407.1001 (which accounts for the vast
majority of imports), during the period
July 1 through December 31, 2009.
Official U.S. import data published by
the United States International Trade
Commission Tariff and Trade DataWeb
indicate that exports of softwood lumber
from Canada and Chile each account for
at least one percent of U.S. imports of
softwood lumber products during that
time period. We intend to rely on
similar previous six-month periods to
identify the countries subject to future
reports on softwood lumber subsidies.
For example, we will rely on U.S.
imports of softwood lumber and
softwood lumber products during the
period January 1 through June 30, 2010,
to select the countries subject to the
next report.
Under U.S. trade law, a subsidy exists
where a government authority: (i)
provides a financial contribution; (ii)
provides any form of income or price
[FR Doc. 2010–10250 Filed 4–29–10; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
Subsidy Programs Provided by
Countries Exporting Softwood Lumber
and Softwood Lumber Products to the
United States; Request for Comment
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) seeks public comment on
any subsidies, including stumpage
subsidies, provided by certain countries
exporting softwood lumber or softwood
lumber products to the United States
during the period July 1 through
December 31, 2009.
DATES: Comments must be submitted
within thirty days after publication of
this notice.
ADDRESSES: Written comments (original
and six copies) should be sent to the
PO 00000
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Fmt 4703
Sfmt 4703
Background
On June 18, 2008, Section 805 of Title
VIII of the Tariff Act of 1930 (the
Softwood Lumber Act of 2008) was
enacted into law. Under this provision,
the Secretary of Commerce is mandated
to submit to the appropriate
Congressional committees a report every
180 days on any subsidies provided by
countries exporting softwood lumber or
softwood lumber products to the United
States, including stumpage subsidies.
The Department submitted its last
subsidy report on December 15, 2009.
As part of its newest report, the
Department intends to include a list of
subsidy programs identified with
sufficient clarity by the public in
response to this notice.
Request for Comment
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]]>Agencies
[Federal Register Volume 75, Number 83 (Friday, April 30, 2010)]
[Notices]
[Pages 22742-22743]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-10250]
-----------------------------------------------------------------------
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-the-road 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
[[Page 22743]]
initiated an antidumping duty new shipper review. See New Pneumatic
Off-the-Road Tires from the People's Republic of China: Initiation of
New Shipper Review, 74 FR 56575 (``Initiation Notice''). On March 22,
2009, OGF withdrew its request for a new shipper review. On April 12,
2010, we placed on the record and served to parties a memo stating that
the Department intended to rescind the above-referenced new shipper
review. We allowed parties to comment on the intended rescission by no
later than April 19, 2010. See Memorandum to the File regarding:
Withdrawal of Request for NSR from OGF, dated April 12, 2010. On April
14, 2010, the Department received a letter from Titan Tire Corporation
(``Titan'') stating that Titan had no objection to the Department's
intended rescission of the new shipper review. See Letter from Titan
regarding: Comments on Proposed Rescission of New Shipper Review, dated
April 14, 2010.
Rescission of New Shipper Review
19 CFR 351.214(f)(1) provides that the Department may rescind a new
shipper review if the party that requested the review withdraws its
request for review within 60 days of the date of publication of the
notice of initiation of the requested review. Although OGF withdrew its
request after the 60-day deadline, we find it reasonable to extend the
deadline because we have not yet committed significant resources to the
OGF new shipper review (e.g., we have not issued our preliminary
results). Further, in this instance, no other company would be affected
by a rescission, and we have received no objections from any party to
OGF's withdrawal of its request for this new shipper review. Based upon
the above, we are rescinding the new shipper review of the antidumping
duty order on OTR tires from the PRC with respect to OGF. See Hand
Trucks and Certain Parts Thereof from the People's Republic of China:
Notice of Rescission of Antidumping Duty New Shipper Review, 74 FR
31911 (July 6, 2009) (rescinding new shipper review after 60-day
deadline on same grounds). As the Department is rescinding this new
shipper review, we are not calculating a company-specific rate for OGF,
and OGF will remain part of the PRC entity.
Notifications
Because OGF remains part of the PRC entity, its entries may be
under review in the ongoing administrative review. Accordingly, the
Department will not order liquidation of entries for OGF. The
Department intends to issue liquidation instructions for the PRC
entity, which will cover any entries by OGF, 15 days after publication
of the final results of the ongoing administrative review.
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as the only reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destructions of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a). Timely
written notification of the return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a violation which is
subject to sanction.
We are issuing and publishing this determination and notice in
accordance with section 777(i) of the Act and 19 CFR 351.214(f)(3).
Dated: April 26, 2010.
Edward C. Yang,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-10250 Filed 4-29-10; 8:45 am]
BILLING CODE 3510-DS-S
