Aluminum Extrusions from the People's Republic of China: Notice of Postponement of Preliminary Determination in the Countervailing Duty Investigation, 34982-34983 [2010-15099]
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34982
Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Notices
period November 1, 2007, through
October 31, 2008. Respondents other
than mandatory respondents normally
receive the weighted–average of the
margins calculated for those companies
selected for individual review (i.e.,
mandatory respondents), excluding de
minimis margins or margins based
entirely on adverse facts available. In
this case, respondents other than SeAH
are receiving SeAH’s calculated margin
as SeAH is the only remaining
mandatory respondent.
Manufacturer/exporter
Weighted–average
margin percent
SeAH Steel Corporation
Dongbu Steel Co., Ltd.
Korea Iron & Steel Co.,
Ltd. ............................
Union Steel Co., Ltd. ....
Nexteel Co., Ltd. ...........
A–JU Besteel Co., Ltd.
3.28
3.28
3.28
3.28
3.28
3.28
Public Comment
The Department will disclose
calculations performed within five days
of the date of publication of this notice
to the parties to this proceeding in
accordance with 19 CFR 351.224(b).
sroberts on DSKD5P82C1PROD with NOTICES
Assessment Rates
The Department shall determine, and
U.S. Customs and Border Protection
(‘‘CBP’’) shall assess, antidumping duties
on all appropriate entries, in accordance
with 19 CFR 351.212(b)(1). The
Department will issue appropriate
appraisement instructions for the
companies subject to this review
directly to CBP 15 days after the date of
publication of these final results of this
review.
For SeAH, we will calculate
importer–specific ad valorem duty
assessment rates based on the ratio of
the total amount of antidumping duties
calculated for the examined sales to the
total entered value of the sales, as
reported by SeAH. See 19 CFR
351.212(b)(1). For the companies which
were not selected for individual review,
we will use SeAH’s cash deposit rate as
the assessment rate. Pursuant to 19 CFR
351.106(c)(2), we will instruct CBP to
liquidate without regard to antidumping
duties any entries for which the
assessment rate is de minimis (i.e., less
than 0.50 percent).
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (‘‘Assessment
Policy Notice’’). This clarification will
apply to entries of subject merchandise
during the period of review (‘‘POR’’)
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15:46 Jun 18, 2010
Jkt 220001
produced by companies included in
these final results of review for which
the reviewed companies did not know
that the merchandise they sold to the
intermediary (e.g., a reseller, trading
company, or exporter) was destined for
the United States. In such instances, we
will instruct CBP to liquidate
unreviewed entries at the all–others rate
if there is no rate for the intermediary
involved in the transaction. See
Assessment Policy Notice for a full
discussion of this clarification.
Cash Deposit Requirements
The following deposit rates will be
effective upon publication of the final
results of this administrative review for
all shipments of CWP from Korea
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) The cash
deposit rates for the companies listed
above will be the rates established in the
final results of this review, except if the
rate is less than 0.5 percent and,
therefore, de minimis, the cash deposit
will be zero; (2) for previously reviewed
or investigated companies not listed
above, the cash deposit rate will
continue to be the company–specific
rate published for the most recent final
results in which that manufacturer or
exporter participated; (3) if the exporter
is not a firm covered in this review, a
prior review, or the original less–thanfair–value (‘‘LTFV’’) investigation, but
the manufacturer is, the cash deposit
rate will be the rate established for the
most recent final results for the
manufacturer of the merchandise; and
(4) if neither the exporter nor the
manufacturer is a firm covered in this or
any previous review conducted by the
Department, the cash deposit rate will
be 4.80 percent, the ‘‘all others’’ rate
established in the LTFV investigation.
See Notice of Antidumping Duty Orders:
Certain Circular Welded Non–Alloy
Steel Pipe from Brazil, the Republic of
Korea, Mexico, and Venezuela, and
Amendment to Final Determination of
Sales at Less Than Fair Value: Certain
Circular Welded Non–Alloy Steel Pipe
from Korea, 57 FR 49453 (November 2,
1992). These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers
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
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
Notification to Interested Parties
This notice serves as the only
reminder to parties subject to
administrative protective order (‘‘APO’’)
of their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
These final results of review are
issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: June 14, 2010.
Paul Piquado,
Acting Deputy Assistant Secretary for Import
Administration.
Appendix Issues in Decision
Memorandum
Comment 1: Application of Quarterly
Costs
Comment 2: Inventory Valuation Loss
Comment 3: Application of the Major
Input Rule
Comment 4: Allowance for Doubtful
Accounts/Bad Debts
Comment 5: Ordinary Pipe versus
Pressure Pipe Classification
Comment 6: Bank Charges Incurred:
Letter of Credit Charges
Comment 7: Recalculating SeAH’s
Dumping Margin by Comparing
Monthly Weighted–Average Normal
Values to Individual U.S. Prices
Comment 8: Zeroing–Out Negative
Dumping Margins
[FR Doc. 2010–14945 Filed 6–18–10; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–968]
Aluminum Extrusions from the
People’s Republic of China: Notice of
Postponement of Preliminary
Determination in the Countervailing
Duty Investigation
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: June 21, 2010.
E:\FR\FM\21JNN1.SGM
21JNN1
Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Notices
FOR FURTHER INFORMATION CONTACT: John
Conniff, 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 202–482–1009.
SUPPLEMENTARY INFORMATION:
Background
On April 27, 2010, the Department of
Commerce (the Department) published
in the Federal Register a notice of
initiation of the countervailing duty
investigation of aluminum extrusions
from the People’s Republic of China.
See Aluminum Extrusions From the
People’s Republic of China: Initiation of
Countervailing Duty Investigation, 75 FR
22114 (April 27, 2010). On May 11,
2010, petitioners requested, in
accordance with section 703(c)(1)(A) of
the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351 205(b)(2), a 65-day
postponement of the preliminary
determination.1
sroberts on DSKD5P82C1PROD with NOTICES
Postponement of Due Date for
Preliminary Determination
Section 703(b)(1) of the Act requires
the Department to issue the preliminary
determination in a countervailing duty
investigation within 65 days after the
date on which the Department initiated
the investigation. However, the
Department may postpone, at
petitioners’ timely request, making the
preliminary determination until no later
than 130 days after the date on which
the administering authority initiated the
investigation. See section 703(c)(1)(A) of
the Act.
Petitioners’ request for a 65-day
postponement of the preliminary
determination was made 25 days before
the scheduled date of the preliminary
determination, pursuant to 19 CFR
351.205(e). Therefore, in accordance
with section 703(c)(1)(A) of the Act and
19 CFR 351.205(b)(2), we are fully
extending the due date for the
preliminary determination to no later
than 130 days after the day on which
the investigation was initiated. The
deadline for completion of the
preliminary determination is now
August 28, 2010. Because that date falls
on a weekend, the deadline for
completion of this preliminary
determination is the next business day,
i.e., August 30, 2010.
1 Petitioners are Aerolite Extrusion Company,
Alexandria Extrusion Company, Benada Aluminum
of Florida, Inc., William L. Bonnell Company, Inc.,
Frontier Aluminum Corporation, Futura Industries
Corporation, Hydro Aluminum North America, Inc.,
Kaiser Aluminum Corporation, Profile Extrusion
Company, Sapa Extrusions, Inc., and Western
Extrusions Corporation.
VerDate Mar<15>2010
15:46 Jun 18, 2010
Jkt 220001
This notice is issued and published
pursuant to section 703(c)(2) of the Act.
Dated: June 15, 2010.
Paul Piquado,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2010–15099 Filed 6–17–10; 4:15 pm]
BILLING CODE 3510–DS–S
COMMODITY FUTURES TRADING
COMMISSION
Order (1) Pursuant to Section 4(c) of
the Commodity Exchange Act,
Permitting the Kansas City Board of
Trade Clearing Corporation To Clear
Over-the-Counter Wheat Calendar
Swaps and (2) Pursuant to Section 4d
of the Commodity Exchange Act,
Permitting Customer Positions in Such
Cleared-Only Swaps and Associated
Funds To Be Commingled With Other
Positions and Funds Held in Customer
Segregated Accounts
AGENCY: Commodity Futures Trading
Commission.
ACTION: Order.
SUMMARY: By petition dated May 26,
2009 (Petition), the Kansas City Board of
Trade (KCBT), a designated contract
market, and its wholly-owned
subsidiary corporation, the Kansas City
Board of Trade Clearing Corporation
(KCBTCC), a registered derivatives
clearing organization (DCO), requested
permission to clear over-the-counter
(OTC) swap agreements (swaps) in
wheat. Authority for granting this
request is found in section 4(c) of the
Commodity Exchange Act (Act).1 The
Petition also requested permission
pursuant to section 4d of the Act 2 to
allow KCBTCC and futures commission
merchants (FCMs) to commingle
positions in those cleared-only OTC
swaps and funds associated with those
positions with positions and funds
otherwise required to be held in a
customer segregated account. The
Commodity Futures Trading
Commission (Commission) has
reviewed public comments and the
entire record in this matter and it has
determined to issue an order granting
the requested permission, subject to
certain terms and conditions.
DATES: Effective Date: June 15, 2010.
FOR FURTHER INFORMATION CONTACT:
Phyllis P. Dietz, Associate Director,
202–418–5449, pdietz@cftc.gov, or
Eileen A. Donovan, Special Counsel,
202–418–5096, edonovan@cftc.gov,
17
27
PO 00000
U.S.C. 6(c).
U.S.C. 6d.
Frm 00014
Fmt 4703
Sfmt 4703
34983
Division of Clearing and Intermediary
Oversight, Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street, NW., Washington, DC
20581.
SUPPLEMENTARY INFORMATION:
I. The KCBT/KCBTCC Petition
KCBT and KCBTCC (‘‘Petitioners’’)
jointly submitted a Petition requesting
that the Commission issue an exemptive
order under section 4(c) of the Act.3 The
order would grant KCBTCC approval to
clear OTC wheat calendar swaps, and it
would permit KCBT to list those
products for ‘‘clearing-only’’ (‘‘clearedonly wheat swaps’’). The contract size
for the cleared-only wheat swaps would
be the same as that for wheat futures—
5,000 bushels. The proposed clearedonly wheat swaps would be cash
settled, in contrast to the futures
contracts which are physically settled.
Part 35 of the Commission’s
regulations 4 exempts, subject to
conditions, swap agreements and
eligible persons entering into such
agreements from most provisions of the
Act.5 Part 35 was promulgated pursuant
to authority conferred upon the
Commission in section 4(c) of the Act to
exempt certain transactions in order to
explicitly permit certain off-exchange
derivatives transactions and thus
promote innovation and competition.6
A number of exemptions and exclusions
for off-exchange derivatives transactions
were subsequently added to the Act by
the Commodity Futures Modernization
Act of 2000,7 but none apply to
agricultural contracts.8 Accordingly,
swaps involving agricultural
commodities continue to rely upon the
exemption in part 35.
Part 35 requires, among other things,
that a swap agreement not be part of a
fungible class of agreements that are
standardized as to their material
economic terms,9 and that the
creditworthiness of any party having an
interest under the agreement be a
material consideration in entering into
or negotiating the terms of the
3 A copy of the petition is available on the
Commission’s Web site at https://www.cftc.gov/.
4 17 CFR part 35 (Commission regulations are
hereinafter cited as ‘‘Reg. § __’’).
5 Jurisdiction is retained for, among other things,
provisions of the Act proscribing fraud and
manipulation. See Reg. § 35.2.
6 See 58 FR 5587 (Jan. 22, 1993). Section 4(c) of
the Act was added by section 502(a) of the Futures
Trading Practices Act of 1992, Public Law 102–546,
106 Stat. 3590 (1992).
7 Pub. L. 106–554, 114 Stat. 2763 (2000).
8 See, e.g., sections 2(d), (g) and (h) of the Act, 7
U.S.C. 2(d), (g), and (h).
9 Reg. § 35.2(b).
E:\FR\FM\21JNN1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 118 (Monday, June 21, 2010)]
[Notices]
[Pages 34982-34983]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15099]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-968]
Aluminum Extrusions from the People's Republic of China: Notice
of Postponement of Preliminary Determination in the Countervailing Duty
Investigation
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: June 21, 2010.
[[Page 34983]]
FOR FURTHER INFORMATION CONTACT: John Conniff, 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 202-482-1009.
SUPPLEMENTARY INFORMATION:
Background
On April 27, 2010, the Department of Commerce (the Department)
published in the Federal Register a notice of initiation of the
countervailing duty investigation of aluminum extrusions from the
People's Republic of China. See Aluminum Extrusions From the People's
Republic of China: Initiation of Countervailing Duty Investigation, 75
FR 22114 (April 27, 2010). On May 11, 2010, petitioners requested, in
accordance with section 703(c)(1)(A) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351 205(b)(2), a 65-day postponement of
the preliminary determination.\1\
---------------------------------------------------------------------------
\1\ Petitioners are Aerolite Extrusion Company, Alexandria
Extrusion Company, Benada Aluminum of Florida, Inc., William L.
Bonnell Company, Inc., Frontier Aluminum Corporation, Futura
Industries Corporation, Hydro Aluminum North America, Inc., Kaiser
Aluminum Corporation, Profile Extrusion Company, Sapa Extrusions,
Inc., and Western Extrusions Corporation.
---------------------------------------------------------------------------
Postponement of Due Date for Preliminary Determination
Section 703(b)(1) of the Act requires the Department to issue the
preliminary determination in a countervailing duty investigation within
65 days after the date on which the Department initiated the
investigation. However, the Department may postpone, at petitioners'
timely request, making the preliminary determination until no later
than 130 days after the date on which the administering authority
initiated the investigation. See section 703(c)(1)(A) of the Act.
Petitioners' request for a 65-day postponement of the preliminary
determination was made 25 days before the scheduled date of the
preliminary determination, pursuant to 19 CFR 351.205(e). Therefore, in
accordance with section 703(c)(1)(A) of the Act and 19 CFR
351.205(b)(2), we are fully extending the due date for the preliminary
determination to no later than 130 days after the day on which the
investigation was initiated. The deadline for completion of the
preliminary determination is now August 28, 2010. Because that date
falls on a weekend, the deadline for completion of this preliminary
determination is the next business day, i.e., August 30, 2010.
This notice is issued and published pursuant to section 703(c)(2)
of the Act.
Dated: June 15, 2010.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-15099 Filed 6-17-10; 4:15 pm]
BILLING CODE 3510-DS-S
