Certain Steel Nails from the People's Republic of China: Initiation of Antidumping Duty New Shipper Review, 61132-61133 [2010-24835]
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61132
Federal Register / Vol. 75, No. 191 / Monday, October 4, 2010 / Notices
the total quantity of subject
merchandise sold to that importer
during the POR to calculate a per-unit
assessment amount. We will direct CBP
to assess importer-specific assessment
rates based on the resulting per-unit
(i.e., per kilogram) amount on each
entry of the subject merchandise during
the POR if any importer-specific
assessment rate calculated in the final
results of this review is above de
minimis.
Cash Deposit Requirements
Consistent with the final results of the
14th AR, we will collect a per kilogram
cash-deposit amount. The following
cash deposit requirements will be
effective upon publication of the final
results of this review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results, as provided by
section 751(a)(1) of the Act: (1) For
subject merchandise produced by
Jinxiang County Juxingyuan Trading
Co., Ltd. (Juxingyuan) and exported by
Qingdao Sea-line, the cash deposit rate
will be the per-unit rate determined in
the final results of this new shipper
review; (2) for subject merchandise
exported by Qingdao Sea-line but not
produced by Juxingyuan, the cash
deposit rate continues to be the per-unit
PRC-wide rate. These requirements,
when imposed, shall remain in effect
until further notice.
jlentini on DSKJ8SOYB1PROD with NOTICES
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
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
Administrative Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. 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
VerDate Mar<15>2010
17:23 Oct 01, 2010
Jkt 223001
and terms of an APO is a violation
which is subject to sanction.
This new shipper review and notice
are issued and published in accordance
with sections 751(a)(2)(B) and 777(i) of
the Act and 19 CFR and 351.214.
Dated: September 24, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Appendix I
Issue 1: The Bona Fides of Qingdao Sea-line’s
Sale
Issue 2: Surrogate Valuation of Garlic Bulbs
Issue 3: Use of India Wholesale Price Index
as Inflator for Surrogate Values
Issue 4: Financial Ratios
Issue 5: Wage Rates
Issue 6: Cold Storage
[FR Doc. 2010–24833 Filed 10–1–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–909]
Certain Steel Nails from the People’s
Republic of China: Initiation of
Antidumping Duty New Shipper
Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: October 4, 2010.
SUMMARY: The Department of Commerce
(‘‘Department’’) has determined that a
request for a new shipper review
(‘‘NSR’’) of the antidumping duty order
on certain steel nails (‘‘steel nails’’) from
the People’s Republic of China (‘‘PRC’’),
received on August 27, 2010, meets the
statutory and regulatory requirements
for initiation. The period of review
(‘‘POR’’) for this NSR is August 1, 2009,
through July 31, 2010.
FOR FURTHER INFORMATION CONTACT:
Emeka Chukwudebe, AD/CVD
Operations, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: 202–482–0219.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The notice announcing the
antidumping duty order on certain steel
nails from the PRC was published in the
Federal Register on August 1, 2008. See
Notice of Antidumping Duty Order:
Certain Steel Nails From the People’s
Republic of China, 73 FR 44961 (August
1, 2008) (‘‘Antidumping Duty Order’’).
On August 27, 2010, pursuant to section
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
751(a)(2)(B)(i) of the Tariff Act of 1930,
as amended (‘‘Act’’), and 19 CFR
351.214(c), the Department received a
NSR request from Shanghai Colour Nail
Co., Ltd. (‘‘Shanghai Colour’’). Shanghai
Colour’s request was properly made
during August 2010, which is the
annual anniversary of the Antidumping
Duty Order. Shanghai Colour certified
that it is the exporter and Wuxi Colour
Nail Co., Ltd. (‘‘Wuxi Colour’’) is the
manufacturer of the subject
merchandise upon which the request
was based. Shanghai Colour also
submitted a public version, which
adequately summarized proprietary
information and provided explanations
as to why certain proprietary
information is not capable of
summarization.
Pursuant to section 751(a)(2)(B)(i)(I) of
the Act and 19 CFR 351.214(b)(2)(ii),
Shanghai Colour certified that it did not
export steel nails to the United States
during the period of investigation
(‘‘POI’’); and Shanghai Colour provided
a certification from Wuxi Colour that it
did not export subject merchandise to
the United States during the POI. In
addition, pursuant to section
751(a)(2)(B)(i)(II) of the Act and 19 CFR
351.214(b)(2)(iii)(A), Shanghai Colour
certified that, since the initiation of the
investigation, it has never been affiliated
with any Chinese exporter or producer
who exported steel nails 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), Shanghai Colour
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), Shanghai Colour
submitted documentation establishing
the following: (1) the date on which
Shanghai Colour first shipped steel nails
for export to the United States and the
date on which the steel nails were first
entered, or withdrawn from warehouse,
for consumption; (2) the volume of its
first shipment; and (3) the date of its
first sale to an unaffiliated customer in
the United States.
The Department conducted U.S.
Customs and Border Protection (‘‘CBP’’)
database queries in an attempt to
confirm that Shanghai Colour’s
shipments of subject merchandise had
entered the United States for
consumption and that liquidation of
such entries had been properly
suspended for antidumping duties. The
Department also examined whether the
CBP data confirmed that such entries
were made during the NSR POR. The
information we examined was
E:\FR\FM\04OCN1.SGM
04OCN1
Federal Register / Vol. 75, No. 191 / Monday, October 4, 2010 / Notices
consistent with that provided by
Shanghai Colour.
jlentini on DSKJ8SOYB1PROD with NOTICES
Period of Review
In accordance with 19 CFR
351.214(g)(1)(i)(A), the POR for a new
shipper review initiated in the month
immediately following the anniversary
month will be the twelve-month period
immediately preceding the anniversary
month. Therefore, under this order, the
POR is August 1, 2009, through July 31,
2010. The sales and entries into the
United States of subject merchandise
exported by Shanghai Colour and
produced by Wuxi Colour occurred
during this twelve-month POR.
Therefore, the POR for this new shipper
is August 1, 2009, through July 31, 2010.
Initiation of New Shipper Reviews
Pursuant to section 751(a)(2)(B) of the
Act and 19 CFR 351.214, the
Department finds that Shanghai Colour
meets the threshold requirements for
initiation of a NSR for the shipment of
steel nails from the PRC produced by
Wuxi Colour and exported by Shanghai
Colour. See ‘‘Memorandum to the File
From Emeka Chukwudebe, Case
Analyst, New Shipper Initiation
Checklist: Certain Steel Nails from the
People’s Republic of China (A–570–
909),’’ dated concurrently with this
notice.
The Department intends to issue the
preliminary results of this NSR no later
than 180 days from the date of
initiation, and the final results no later
than 90 days from the issuance of the
preliminary determination. See section
751(a)(2)(B)(iv) of the Act.
It is the Department’s usual practice,
in cases involving non–market
economies, 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 Shanghai
Colour which will include a section
requesting information with regard to
Shanghai Colour’s export activities for
separate rates purposes. The review will
proceed if the response provides
sufficient indication that Shanghai
Colour is not subject to either de jure or
de facto government control with
respect to its export of subject
merchandise.
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
each entry of the subject merchandise
from Shanghai Colour in accordance
with section 751(a)(2)(B)(iii) of the Act
VerDate Mar<15>2010
17:23 Oct 01, 2010
Jkt 223001
and 19 CFR 351.214(e). Because
Shanghai Colour certified that its
subject merchandise was produced by
Wuxi Colour, we will apply the bonding
privilege to Shanghai Colour only for
subject merchandise produced by Wuxi
Colour.
Interested parties requiring access to
proprietary information in this NSR
should submit applications for
disclosure under administrative
protective order in accordance with 19
CFR 351.305 and 19 CFR 351.306. This
initiation and notice are in accordance
with section 751(a)(2)(B) of the Act and
19 CFR 351.214 and 19 CFR
351.221(c)(1)(i).
Dated: September 28, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2010–24835 Filed 10–1–10; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XZ31
Endangered Species; File No. 14176
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Issuance of permit.
AGENCY:
Notice is hereby given that
Michael Mangold (Permit Holder and
Principal Investigator), United States
Fish and Wildlife Service’s Maryland
Fishery Resource Office, 177 Admiral
Cochrane Drive, Annapolis, MD 21401
has been issued a permit to take
shortnose sturgeon for purposes of
scientific research.
ADDRESSES: The permit and related
documents are available for review
upon written request or by appointment
in the following offices:
Permits, Conservation and Education
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone
(301)713–2289; fax (301)713–0376;
Northeast Region, NMFS, 55 Great
Republic Drive, Gloucester, MA 01930;
phone (978)281–9328; fax (978)281–
9394.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Colette Cairns or Malcolm Mohead,
(301)713–2289.
SUPPLEMENTARY INFORMATION: On March
19, 2010, notice was published in the
Federal Register (75 FR 13256) that a
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
61133
request for a scientific research permit
to take shortnose sturgeon had been
submitted by the above-named Michael
Mangold, U.S. Fish and Wildlife
Service. The requested permit has been
issued under the authority of the
Endangered Species Act of 1973, as
amended (ESA; 16 U.S.C. 1531 et seq.)
and the regulations governing the
taking, importing, and exporting of
endangered and threatened species (50
CFR parts 222–226).
The applicant is authorized to
conduct a five-year scientific study
determining biological and life history
information on shortnose sturgeon in
the Potomac River. The permit
authorizes non-lethal sampling with
anchored gill nets, capturing up to 30
fish annually. Each fish will be
captured, weighed, measured, PIT and
Floy tagged, and sampled for genetic
tissue analysis. A sub-set of 10 fish will
be acoustically tagged, 5 internally and
5 externally, released, and tracked,
determining seasonal movement and
habitat selection. Additionally, the
applicant is authorized to use D-nets
lethally collecting up to 20 shortnose
sturgeon in early life stages annually to
estimate spawning success and
periodicity.
Issuance of this permit, as required by
the ESA, was based on a finding that
such permit: (1) was applied for in good
faith; (2) will not operate to the
disadvantage of such endangered or
threatened species; and (3) is consistent
with the purposes and policies set forth
in section 2 of the ESA.
Dated: September 27, 2010.
P. Michael Payne,
Chief, Permits, Conservation and Education
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2010–24822 Filed 10–1–10; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XZ15
Marine Mammals and Endangered
Species; File Nos. 808–1735, 14233,
14506, 14603, and 14726
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permits and
permit amendment.
AGENCY:
Notice is hereby given that
NMFS has issued four permits and a
permit amendment to conduct research
SUMMARY:
E:\FR\FM\04OCN1.SGM
04OCN1
Agencies
[Federal Register Volume 75, Number 191 (Monday, October 4, 2010)]
[Notices]
[Pages 61132-61133]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24835]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-909]
Certain Steel Nails 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: October 4, 2010.
SUMMARY: The Department of Commerce (``Department'') has determined
that a request for a new shipper review (``NSR'') of the antidumping
duty order on certain steel nails (``steel nails'') from the People's
Republic of China (``PRC''), received on August 27, 2010, meets the
statutory and regulatory requirements for initiation. The period of
review (``POR'') for this NSR is August 1, 2009, through July 31, 2010.
FOR FURTHER INFORMATION CONTACT: Emeka Chukwudebe, AD/CVD Operations,
Office 9, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: 202-482-0219.
SUPPLEMENTARY INFORMATION:
Background
The notice announcing the antidumping duty order on certain steel
nails from the PRC was published in the Federal Register on August 1,
2008. See Notice of Antidumping Duty Order: Certain Steel Nails From
the People's Republic of China, 73 FR 44961 (August 1, 2008)
(``Antidumping Duty Order''). On August 27, 2010, pursuant to section
751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (``Act''), and 19
CFR 351.214(c), the Department received a NSR request from Shanghai
Colour Nail Co., Ltd. (``Shanghai Colour''). Shanghai Colour's request
was properly made during August 2010, which is the annual anniversary
of the Antidumping Duty Order. Shanghai Colour certified that it is the
exporter and Wuxi Colour Nail Co., Ltd. (``Wuxi Colour'') is the
manufacturer of the subject merchandise upon which the request was
based. Shanghai Colour also submitted a public version, which
adequately summarized proprietary information and provided explanations
as to why certain proprietary information is not capable of
summarization.
Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR
351.214(b)(2)(ii), Shanghai Colour certified that it did not export
steel nails to the United States during the period of investigation
(``POI''); and Shanghai Colour provided a certification from Wuxi
Colour that it did not export subject merchandise to the United States
during the POI. In addition, pursuant to section 751(a)(2)(B)(i)(II) of
the Act and 19 CFR 351.214(b)(2)(iii)(A), Shanghai Colour certified
that, since the initiation of the investigation, it has never been
affiliated with any Chinese exporter or producer who exported steel
nails 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), Shanghai Colour 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), Shanghai Colour submitted documentation
establishing the following: (1) the date on which Shanghai Colour first
shipped steel nails for export to the United States and the date on
which the steel nails were first entered, or withdrawn from warehouse,
for consumption; (2) the volume of its first shipment; and (3) the date
of its first sale to an unaffiliated customer in the United States.
The Department conducted U.S. Customs and Border Protection
(``CBP'') database queries in an attempt to confirm that Shanghai
Colour's shipments of subject merchandise had entered the United States
for consumption and that liquidation of such entries had been properly
suspended for antidumping duties. The Department also examined whether
the CBP data confirmed that such entries were made during the NSR POR.
The information we examined was
[[Page 61133]]
consistent with that provided by Shanghai Colour.
Period of Review
In accordance with 19 CFR 351.214(g)(1)(i)(A), the POR for a new
shipper review initiated in the month immediately following the
anniversary month will be the twelve-month period immediately preceding
the anniversary month. Therefore, under this order, the POR is August
1, 2009, through July 31, 2010. The sales and entries into the United
States of subject merchandise exported by Shanghai Colour and produced
by Wuxi Colour occurred during this twelve-month POR. Therefore, the
POR for this new shipper is August 1, 2009, through July 31, 2010.
Initiation of New Shipper Reviews
Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214, the
Department finds that Shanghai Colour meets the threshold requirements
for initiation of a NSR for the shipment of steel nails from the PRC
produced by Wuxi Colour and exported by Shanghai Colour. See
``Memorandum to the File From Emeka Chukwudebe, Case Analyst, New
Shipper Initiation Checklist: Certain Steel Nails from the People's
Republic of China (A-570-909),'' dated concurrently with this notice.
The Department intends to issue the preliminary results of this NSR
no later than 180 days from the date of initiation, and the final
results no later than 90 days from the issuance of the preliminary
determination. See section 751(a)(2)(B)(iv) of the Act.
It is the Department's usual practice, in cases involving non-
market economies, 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 Shanghai Colour which will include a section
requesting information with regard to Shanghai Colour's export
activities for separate rates purposes. The review will proceed if the
response provides sufficient indication that Shanghai Colour is not
subject to either de jure or de facto government control with respect
to its export of subject merchandise.
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 each entry of the subject merchandise from
Shanghai Colour in accordance with section 751(a)(2)(B)(iii) of the Act
and 19 CFR 351.214(e). Because Shanghai Colour certified that its
subject merchandise was produced by Wuxi Colour, we will apply the
bonding privilege to Shanghai Colour only for subject merchandise
produced by Wuxi Colour.
Interested parties requiring access to proprietary information in
this NSR should submit applications for disclosure under administrative
protective order in accordance with 19 CFR 351.305 and 19 CFR 351.306.
This initiation and notice are in accordance with section 751(a)(2)(B)
of the Act and 19 CFR 351.214 and 19 CFR 351.221(c)(1)(i).
Dated: September 28, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-24835 Filed 10-1-10; 8:45 am]
BILLING CODE 3510-DS-S