Certain New Pneumatic Off-the-Road Tires from the People's Republic of China: Extension of Time Limit for Preliminary Results of Countervailing Duty Administrative Review, 32159-32160 [2010-13578]

Download as PDF Federal Register / Vol. 75, No. 108 / Monday, June 7, 2010 / Notices administrative review of new pneumatic off–the-road tires (‘‘OTR Tires’’) from the People’s Republic of China (‘‘PRC’’). This review covers the period February 20, 2008, through August 31, 2009. DATES: Effective Date: June 7, 2010. FOR FURTHER INFORMATION CONTACT: Andrea Staebler Berton or Raquel Silva, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, DC 20230; telephone: (202) 482–4037 or (202) 482– 6475, respectively. SUPPLEMENTARY INFORMATION: Background On October 26, 2009, the Department published in the Federal Register a notice of initiation of the administrative review of the antidumping duty order on OTR Tires from the PRC. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 74 FR 54956 (October 26, 2009). The preliminary results of this review are currently due no later than June 9, 2010. Statutory Time Limits In antidumping duty administrative reviews, section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), requires the Department to make a preliminary determination within 245 days after the last day of the anniversary month of an order for which a review is requested and a final determination within 120 days after the date on which the preliminary results are published. However, if it is not practicable to complete the review within these time periods, section 751(a)(3)(A) of the Act allows the Department to extend the time limit for the preliminary determination to a maximum of 365 days after the last day of the anniversary month. WReier-Aviles on DSKGBLS3C1PROD with NOTICES Extension of Time Limit for Preliminary Results of Review On February 3, 2010, both domestic interested parties1 submitted letters to the Department expressing concerns about the effect of a bankruptcy petition filed by GPX International Tire Corporation (‘‘GPX’’), an importer of record, on the ongoing administrative review. In response to domestic interested parties’ concerns, the Department extended regulatory 1 Titan Tire Corporation (‘‘Titan’’), and Bridgestone Americas, Inc, and Bridgestone Americas Tire Operations, LLC (collectively ‘‘Bridgestone’’), both domestic producers of the like product. VerDate Mar<15>2010 17:55 Jun 04, 2010 Jkt 220001 deadlines for Titan and Bridgestone pending resolution of those concerns. On April 30, 2010, Bridgestone informed the Department that its concerns about the GPX bankruptcy had been resolved. In addition, both Titan and Bridgestone have since made submissions to the Department in accordance with the extended regulatory deadlines. Meanwhile, on February 24, 2010, Tianjin United Tire & Rubber International Co., Ltd. (‘‘TUTRIC’’), a mandatory respondent, submitted a withdrawal of its request for review. The Department accepted TUTRIC’s withdrawal on March 15, 2010, and chose an additional mandatory respondent on May 5, 2010. In light of the unanticipated delay resulting from issues related to GPX’s bankruptcy and the recent selection of an additional mandatory respondent, we determine that it is not practicable to complete the preliminary results of this administrative review within the original time limit. The Department requires additional time to receive questionnaire responses from the substitute mandatory respondent, analyze questionnaire responses, issue supplemental questionnaires, conduct verification, and evaluate surrogate value submissions for purposes of the preliminary results. Therefore, the Department is extending the time limit for completion of the preliminary results of this administrative review by 120 days. The preliminary results will now be due no later than October 7, 2010.2 The final results continue to be due 120 days after the publication of the preliminary results. We are issuing and publishing this notice in accordance with sections 751(a)(3)(A) and 777(i) of the Act. Dated: May 27, 2010. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2010–13581 Filed 6–4–10; 8:45 am] BILLING CODE 3510–DS–S 2 This new preliminary results deadline incorporates the Import Administration’s tolling of all deadlines by seven calendar days due to closure of federal government offices in February 2010 from a snowstorm. For further information, please see Memorandum from DAS for Import Administration regarding: Tolling of Administrative Deadlines As A Result of the Government Closure During the Recent Snowstorm, dated February 12, 2010, available at http://ia.ita.doc.gov/ia-highlights-andnews.html. PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 32159 DEPARTMENT OF COMMERCE International Trade Administration [C–570–913] Certain New Pneumatic Off–the-Road Tires from the People’s Republic of China: Extension of Time Limit for Preliminary Results of Countervailing Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: June 7, 2010. FOR FURTHER INFORMATION CONTACT: Andrew Huston, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–4261. SUPPLEMENTARY INFORMATION: Background On October 26, 2009, the Department of Commerce (the Department) published the initiation of the administrative review of the countervailing duty order on certain new pneumatic off–the-road tires from the People’s Republic of China for the period December 17, 2007 through December 31, 2008. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 74 FR 54956 (October 26, 2009). This review covers one producer and exporter of the subject merchandise to the United States: Hebei Starbright Tire Co., Ltd. Extension of Time Limit for the Preliminary Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), and section 351.213(h)(1) of the Department’s regulations require the Department to issue the preliminary results of a review within 245 days after the last day of the anniversary month of the order or suspension agreement for which the administrative review was requested, and final results of the review within 120 days after the date on which the notice of the preliminary results is published in the Federal Register. However, if the Department determines that it is not practicable to complete the review within the aforementioned specified time limits, section 751(a)(3)(A) of the Act and section 351.213(h)(2) of the Department’s regulations allow the Department to extend the 245-day period to 365 days and to extend the 120-day period to 180 days. Beginning on February 3, 2009, the Department received several E:\FR\FM\07JNN1.SGM 07JNN1 WReier-Aviles on DSKGBLS3C1PROD with NOTICES 32160 Federal Register / Vol. 75, No. 108 / Monday, June 7, 2010 / Notices submissions from Titan Tire Corporation, the petitioner in this proceeding, as well as Bridgestone Americas Tire Operations, LLC and Bridgestone Americas, Inc., a domestic interested party, expressing concerns about the bankruptcy proceeding of GPX International Tire Corp., an importer of respondent’s products and a related party during the period of review. According to the petitioner and the domestic interested party, the automatic stay provisions of the U.S. bankruptcy code precluded them from participating in this administrative review pending notice from the federal courts. Out of consideration for these parties’ concerns, the Department issued extensions of regulatory deadlines until after the concerns of petitioner and the domestic interested party had been resolved. See Memorandum to the File from Andrew Huston, AD/CVD Operations, Office 6, ‘‘Due Date for Domestic Parties’ Submissions,’’ dated April 30, 2010, stating the Department’s conclusion that the concerns of the petitioner and the domestic party had been resolved and making a final extension of the regulatory deadlines to May 10, 2010. As the sum of these extensions was more than three months, the Department requires additional time to conduct a thorough analysis of all information on the record, including information submitted by the petitioner and the domestic party. Therefore, the Department finds that it is not practicable to complete the preliminary results of this review within the original time limit and is extending the deadline for completion of the preliminary results of this administrative review by 120 days. Additionally, 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 due to snowstorms in February. 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. Therefore, the total extension of the deadline for the preliminary results of this administrative review is 127 days, and the revised extended due date for the preliminary results is October 7, 2010. This notice is issued and published pursuant to sections 751(a)(3)(A) and 777(i)(1) of the Act. VerDate Mar<15>2010 17:55 Jun 04, 2010 Jkt 220001 Dated: May 28, 2010. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2010–13578 Filed 6–4–10; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [C–351–829] Certain Hot–Rolled Flat–Rolled Carbon–Quality Steel Products from Brazil: Extension of Time Limit for Preliminary Results of Countervailing Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith or Myrna Lobo, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington DC 20230; telephone: (202) (202) 482–5255 and (202) 482–2371, respectively. SUPPLEMENTARY INFORMATION: Background On September 17, 2004, the Department of Commerce (the Department) published the countervailing duty order on certain hot–rolled flat–rolled carbon–quality steel products from Brazil. See Agreement Suspending the Countervailing Duty Investigation on Hot–Rolled Flat–Rolled Carbon–Quality Steel From Brazil; Termination of Suspension Agreement and Notice of Countervailing Duty Order. (69 FR 56040, September 17, 2004). On October 26, 2009, in response to a timely request ´ from Usinas Siderurgicas de Minas Gerais (Usiminas), and its subsidiary, ´ Companhia Siderurgica Paulista (Cosipa), the Department initiated an administrative review of the countervailing duty order on certain hot–rolled flat–rolled carbon–quality steel products from Brazil. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 74 FR 54956 (October 26, 2009). This administrative review covers the period January 1, 2008 through December 31, 2008. Extension of Time Limit for Preliminary Results Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(h)(1), the PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 Department shall issue preliminary results in an administrative review of a countervailing duty order within 245 days after the last day of the anniversary month of the order for which the administrative review was requested. However, if the Department determines that it is not practicable to complete the review within the aforementioned specified time limits, section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2) allow the Department to extend the 245-day period to 365 days. The preliminary results of this administrative review were originally due on June 2, 2010. On February 12, 2010, the Department exercised its discretion to toll deadlines because of the closure of the Federal Government due to snowstorms. Thus, all deadlines in this segment of the proceeding were extended by seven days. See Memorandum to the Record from Ronald Lorentzen, Deputy Assistant Secretary for Import Administration, regarding ‘‘Tolling of Administrative Deadlines As a Result of the Government Closure During the Recent Snowstorm,’’ dated February 12, 2010. As a result, the deadline for the preliminary results was tolled to June 9, 2010. Pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2), we determine that it is not practicable to complete the results of this review within the original time limit. This is the first administrative review of this countervailing duty order, which was issued in 2004. The order was issued five years after the completion of the countervailing duty investigation, and after the termination of the agreement that suspended the investigation. See Suspension of Countervailing Duty Investigation: Certain Hot–Rolled Flat– Rolled Carbon–Quality Steel Products from Brazil, 64 FR 38797 (July 19, 1999); see also Final Affirmative Countervailing Duty Determination: Certain Hot–Rolled Flat–Rolled Carbon– Quality Steel Products from Brazil, 64 FR 38742 (July 19, 1999). Because this administrative review is the first opportunity in more than ten years for the Department to examine assistance provided by the Government of Brazil to producers of certain hot–rolled flat– rolled carbon–quality steel products, the Department needs additional time to analyze the questionnaire responses and issue supplemental questionnaires. In accordance with section 751(a)(3)(A) of the Act, the Department has decided to extend the time limit for the preliminary results from 245 days to 365 days; the preliminary results will now be due no later than October 7, 2010. Unless extended, the final results continue to E:\FR\FM\07JNN1.SGM 07JNN1

Agencies

[Federal Register Volume 75, Number 108 (Monday, June 7, 2010)]
[Notices]
[Pages 32159-32160]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-13578]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-913]


Certain New Pneumatic Off-the-Road Tires from the People's 
Republic of China: Extension of Time Limit for Preliminary Results of 
Countervailing Duty Administrative Review

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

EFFECTIVE DATE: June 7, 2010.

FOR FURTHER INFORMATION CONTACT: Andrew Huston, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230; telephone: 
(202) 482-4261.

SUPPLEMENTARY INFORMATION:

Background

    On October 26, 2009, the Department of Commerce (the Department) 
published the initiation of the administrative review of the 
countervailing duty order on certain new pneumatic off-the-road tires 
from the People's Republic of China for the period December 17, 2007 
through December 31, 2008. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Requests for Revocation 
in Part, 74 FR 54956 (October 26, 2009). This review covers one 
producer and exporter of the subject merchandise to the United States: 
Hebei Starbright Tire Co., Ltd.

Extension of Time Limit for the Preliminary Results

    Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the 
Act), and section 351.213(h)(1) of the Department's regulations require 
the Department to issue the preliminary results of a review within 245 
days after the last day of the anniversary month of the order or 
suspension agreement for which the administrative review was requested, 
and final results of the review within 120 days after the date on which 
the notice of the preliminary results is published in the Federal 
Register. However, if the Department determines that it is not 
practicable to complete the review within the aforementioned specified 
time limits, section 751(a)(3)(A) of the Act and section 351.213(h)(2) 
of the Department's regulations allow the Department to extend the 245-
day period to 365 days and to extend the 120-day period to 180 days.
    Beginning on February 3, 2009, the Department received several

[[Page 32160]]

submissions from Titan Tire Corporation, the petitioner in this 
proceeding, as well as Bridgestone Americas Tire Operations, LLC and 
Bridgestone Americas, Inc., a domestic interested party, expressing 
concerns about the bankruptcy proceeding of GPX International Tire 
Corp., an importer of respondent's products and a related party during 
the period of review. According to the petitioner and the domestic 
interested party, the automatic stay provisions of the U.S. bankruptcy 
code precluded them from participating in this administrative review 
pending notice from the federal courts. Out of consideration for these 
parties' concerns, the Department issued extensions of regulatory 
deadlines until after the concerns of petitioner and the domestic 
interested party had been resolved. See Memorandum to the File from 
Andrew Huston, AD/CVD Operations, Office 6, ``Due Date for Domestic 
Parties' Submissions,'' dated April 30, 2010, stating the Department's 
conclusion that the concerns of the petitioner and the domestic party 
had been resolved and making a final extension of the regulatory 
deadlines to May 10, 2010.
    As the sum of these extensions was more than three months, the 
Department requires additional time to conduct a thorough analysis of 
all information on the record, including information submitted by the 
petitioner and the domestic party. Therefore, the Department finds that 
it is not practicable to complete the preliminary results of this 
review within the original time limit and is extending the deadline for 
completion of the preliminary results of this administrative review by 
120 days.
    Additionally, 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 due to snowstorms in February. 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. Therefore, the total extension of the deadline for 
the preliminary results of this administrative review is 127 days, and 
the revised extended due date for the preliminary results is October 7, 
2010.
    This notice is issued and published pursuant to sections 
751(a)(3)(A) and 777(i)(1) of the Act.

    Dated: May 28, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2010-13578 Filed 6-4-10; 8:45 am]
BILLING CODE 3510-DS-S