Circular Welded Carbon Steel Pipes and Tubes From Taiwan: Final Results of Antidumping Duty Administrative Review, 62366-62368 [2010-25298]
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Federal Register / Vol. 75, No. 195 / Friday, October 8, 2010 / Notices
erowe on DSK5CLS3C1PROD with NOTICES
comments on the proposed scope of the
EIS. The EIS process is ongoing.
On August 13, 2010, the Court
vacated the deregulation determination,
remanding the issue back to APHIS.
RRSB is therefore once again a regulated
article under 7 CFR part 340, and
Monsanto and KWS have submitted a
supplemental request for ‘‘partial
deregulation’’ or similar administrative
action for RRSB, along with an
accompanying ‘‘Environmental Report,’’
to allow the future planting, harvesting,
and interstate movement of RRSB crops
(both seed and root) under conditions
designed to ensure any risks posed by
the introduction of these sugar beets
into the environment are thoroughly
mitigated.
APHIS is evaluating this
supplemental request and developing
appropriate environmental analyses to
inform its decisionmaking in reference
to any APHIS decision or decisions to
authorize future seed and root crop
plantings under a combination of
permits, administrative orders, or other
regulatory options and measures. APHIS
is considering regulatory options and
measures that would include mitigating
measures consistent with those it had
proposed to the Court as interim
measures while APHIS completes the
EIS for the petition for determination of
non-regulated status for RRSB. APHIS
anticipates making a decision on the
supplemental petition for ‘‘partial
deregulation’’ and on other appropriate
interim regulatory actions related to
RRSB by the end of the year. There will
be an opportunity for public comment
on any environmental analyses
developed for such decision or
decisions. APHIS is notifying the public
that its receipt of this supplemental
request for ‘‘partial deregulation’’ and
this notice to the public regarding it in
no way indicates that the Agency agrees
with the petitioners’ description,
application, or implementation of a
‘‘partial deregulation.’’ Such matters and
related issues are solely determined by
APHIS pursuant to its PPA statutory
authority and its biotechnology
regulations in 7 CFR part 340.
Done in Washington, DC, this 4th day of
October 2010.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2010–25387 Filed 10–7–10; 8:45 am]
BILLING CODE 3410–34–P
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AGENCY FOR INTERNATIONAL
DEVELOPMENT
Notice of Public Information
Collections Being Reviewed by the
U.S. Agency for International
Development; Comments Requested
U.S. Agency for International
Development (USAID) is making efforts
to reduce the paperwork burden. USAID
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following proposed and/or continuing
information collections, as required by
the Paperwork Reduction Act for 1995.
Comments are requested concerning:
(a) Whether the proposed or continuing
collections of information are necessary
for the proper performance of the
functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
burden estimates; (c) ways to enhance
the quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology.
DATES: Submit comments on or before
December 7, 2010.
FOR FURTHER INFORMATION CONTACT:
Beverly Johnson, Bureau for
Management, Office of Administrative
Services, Information and Records
Division, U.S. Agency for International
Development, Room 2.07–106, RRB,
Washington, DC 20523, (202) 712–1365
or via e-mail bjohnson@usaid.gov.
ADDRESSES: Send comments via e-mail
at lwalker@usaid.gov or mail comments
to: Linda Walker, Bureau for Economic
Growth, Agriculture and Trade, Office
of Education, Participant Training
Team, United States Agency for
International Development, Ronald
Reagan Building, 1300 Pennsylvania
Avenue, NW., Washington, DC 20523
(202) 712–1786.
SUPPLEMENTARY INFORMATION:
OMB No: OMB 0412–New.
Form No.: N/A.
Title: USAID Visa Compliance System
(VCS).
Type of Review: New Information
Collection.
Purpose: The U.S. Agency for
International Development, under the
Foreign Assistance Act of 1961, as
amended, engages in a broad range of
sustainable economic assistance
activities that provide technical and
academic training in the United States
and abroad for foreign nationals. These
foreign nationals have been selected for
SUMMARY:
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training by USAID in order to advance
U.S. foreign policy objectives by
supporting: Economic growth,
agriculture and trade; global health; and
democracy, conflict prevention, and
humanitarian assistance. Training can
consist of long-term academic degree
programs, short-term technical courses,
seminars, workshops, or other learning
activities intended to impart certain
knowledge and information.
USAID must track training data for all
foreign nationals who receive training
funded by USAID. In cases where
foreign nationals must travel to the U.S.
to participate in training or invitational
travel, the approvals for the eligibility to
obtain the J visa are captured in the Visa
Compliance System (VCS). The Visa
Compliance system has two purposes:
first, to secure a J–1 visa for these
foreign nationals traveling to the U.S.;
second, to enable USAID to be in
compliance with external requirements
of the Department of Homeland
Security. With certain exceptions, the
foreign nationals that USAID sponsors
for travel to the U.S. are considered
exchange visitors. The VCS provides an
audit trail regarding each exchange
visitor, his or her training program or
circumstances, as well as other relevant
documentation.
Annual Reporting Burden:
Respondents: 600.
Total annual responses: 8,000.
Total annual hours requested: 2,000
hours.
Dated: September 27, 2010.
Marilyn Collins,
Acting Director, Office of Administrative
Services, Bureau for Management.
[FR Doc. 2010–25022 Filed 10–7–10; 8:45 am]
BILLING CODE 6116–01–M
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–008]
Circular Welded Carbon Steel Pipes
and Tubes From Taiwan: Final Results
of Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 10, 2010, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on circular
welded carbon steel pipes and tubes
from Taiwan. See Preliminary Results of
Antidumping Duty Administrative
Review: Circular Welded Carbon Steel
AGENCY:
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Federal Register / Vol. 75, No. 195 / Friday, October 8, 2010 / Notices
Pipes and Tubes From Taiwan, 75 FR
32911 (June 10, 2010) (Preliminary
Results). This review covers one
company, Yieh Phui Enterprise Co., Ltd.
(Yieh Phui). Based on our analysis of
the comments received, we have made
no changes from the Preliminary
Results. We have listed the final
dumping margin below in the section
entitled ‘‘Final Results of Review.’’
DATES: Effective Date: October 8, 2010.
FOR FURTHER INFORMATION CONTACT:
Steve Bezirganian or Robert James, AD/
CVD Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–1131 and (202)
482–0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 10, 2010, the Department
published in the Federal Register the
preliminary results of the administrative
review of the antidumping duty order
on circular welded carbon steel pipes
and tubes from Taiwan for the period
May 1, 2008, to April 30, 2009. See
Preliminary Results. In response to the
Department’s invitation to comment on
the preliminary results of this review,
respondent Yieh Phui filed its case brief
on July 12, 2010. Domestic producer
Allied Tube & Conduit Corporation filed
its rebuttal brief on July 16, 2010. No
parties requested a hearing.
The deadline for the final results of
this administrative review is October 8,
2010.
Scope of the Order
erowe on DSK5CLS3C1PROD with NOTICES
The merchandise covered by this
order is certain circular welded carbon
steel pipes and tubes from Taiwan,
which are defined as: Welded carbon
steel pipes and tubes, of circular cross
section, with walls not thinner than
0.065 inch, and 0.375 inch or more but
not over 4.5 inches in outside diameter,
currently classified under Harmonized
Tariff Schedule of the United States
(HTSUS) item numbers 7306.30.5025,
7306.30.5032, 7306.30.5040, and
7306.30.5055. Although the HTSUS
subheading is provided for convenience
and customs purposes, the written
description of the merchandise subject
to this order is dispositive.
Cost of Production
As discussed in the Preliminary
Results, we found that Yieh Phui made
home market sales of the foreign like
product during the POR at prices below
its costs of production (COP) within the
meaning of section 773(b) of the Act.
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Jkt 223001
See Preliminary Results, 75 FR at 32913.
Those results apply to these final
results, given that no changes have been
made from the calculations made in the
Preliminary Results.
We found 20 percent or more of the
respondent’s sales of a given product
during the reporting period were at
prices less than the weighted-average
COP for this period. Thus, we
determined that these below-cost sales
were made in ‘‘substantial quantities’’
within an extended period of time and
at prices which did not permit the
recovery of all costs within a reasonable
period of time in the normal course of
trade. See sections 773(b)(1)&(2) of the
Act.
Therefore, for purposes of these final
results, we continue to find that Yieh
Phui made below-cost sales not in the
ordinary course of trade. Consequently,
we disregarded these sales for Yieh Phui
and used the remaining sales as the
basis for determining NV pursuant to
section 773(b)(1) of the Act. For those
U.S. sales of subject merchandise for
which there were no matches to home
market sales in the ordinary course of
trade, we compared export prices to
constructed value in accordance with
section 773(a)(4) of the Act. See
Preliminary Results, 75 FR 32913.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by interested parties in
this administrative review are addressed
in the Issues and Decision
Memorandum (Decision Memorandum)
from Susan H. Kuhbach, Acting Deputy
Assistant Secretary for Import
Administration, to Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration, dated September 30,
2010, which is hereby adopted by this
notice. A list of the two issues which
parties raised and to which we have
responded, all of which are in the
Decision Memorandum, is attached to
this notice as an appendix. Parties can
find a discussion of all issues raised in
this review and the corresponding
recommendations in this public
memorandum, which is on file in the
Central Records Unit in room 7046 of
the main Department building. In
addition, a complete version of the
Decision Memorandum can be accessed
directly via the Internet at https://
ia.ita.doc.gov/frn/. The paper
copy and electronic version of the
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we have made no
changes in the margin calculations.
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62367
Final Results of Review
We determine the following
percentage margin exists for the period
May 1, 2008 through April 30, 2009:
Manufacturer/exporter
Yieh Phui Enterprise Co., Ltd ...
Weightedaverage
margin
(percentage)
5.04
Assessment
Pursuant to 19 CFR 351.212(b), the
Department has calculated an
assessment rate on all appropriate
entries. The Department intends to issue
appropriate appraisement instructions
for the company subject to this review
directly to CBP 15 days after the date of
publication of the final results of this
review.
Because Yieh Phui did not report the
entered value of its sales, we calculated
importer-specific (or customer-specific)
per-unit duty assessment rates by
aggregating the total amount of
antidumping duties calculated for the
examined sales of each importer (or
customer) and dividing each of these
amounts by the respective quantities (by
weight) associated with those sales. To
determine whether the duty assessment
rates are de minimis, in accordance with
the requirement set forth in 19 CFR
351.106(c)(2), we calculated importerspecific (or customer-specific) ad
valorem ratios based on estimated
entered values.
We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review for each
importer (or customer) for which the
importer-specific (or customer-specific)
ad valorem ratio is above de minimis
(i.e., at or above 0.50 percent). Pursuant
to 19 CFR 351.106(c)(2), we will instruct
CBP to liquidate without regard to
antidumping duties any entries for
which the importer-specific (or
customer-specific) ad valorem ratio 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 POR produced by the
company included in the final results
where the reviewed companies did not
know the merchandise it 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
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Federal Register / Vol. 75, No. 195 / Friday, October 8, 2010 / Notices
unreviewed entries at the all-others rate
if there was no rate calculated in this
review for the intermediary involved in
the transaction. See id., 68 FR at 23954.
erowe on DSK5CLS3C1PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of these final results for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of these final results of
administrative review, consistent with
section 751(a)(1) of the Act: (1) The cash
deposit rate for the reviewed company
will be the rate listed above; (2) if the
exporter is not a firm covered in this
review, but was covered in a previous
review or the original less-than-fairvalue (LTFV) investigation, the cash
deposit rate will continue to be the
company-specific rate published for the
most recent period; (3) if the exporter is
not a firm covered in this review, a prior
review, or the original LTFV
investigation, but the manufacturer is,
the cash deposit rate will be the rate
established for the most recent period
for the manufacturer of the
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 9.70
percent, the all-others rate established
in the LTFV investigation. See Certain
Circular Welded Carbon Steel Pipes and
Tubes From Taiwan: Antidumping Duty
Order, 49 FR 19369 (May 7, 1984).
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Interested Parties
This notice also 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
Department’s presumption that
reimbursement of the antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
This notice also serves as a reminder
to parties subject to administrative
protective orders (APOs) of their
responsibility concerning the
disposition 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 or destruction of APO
materials or conversion to judicial
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15:29 Oct 07, 2010
Jkt 223001
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Dated: September 30, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Appendix—List of Issues in Decision
Memorandum
Comment 1: Date of Sale for U.S. Sales
Comment 2: Zeroing
[FR Doc. 2010–25298 Filed 10–7–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XZ19
Magnuson-Stevens Act Provisions;
General Provisions for Domestic
Fisheries; Application for Exempted
Fishing Permit
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
AGENCY:
The Assistant Regional
Administrator for Sustainable Fisheries,
Northeast Region, NMFS (Assistant
Regional Administrator) has made a
preliminary determination that an EFP
application from the University of New
England (UNE) contains all the required
information and warrants further
consideration. The EFP would allow
three commercial fishing vessels to
possess spiny dogfish (dogfish) during
Federal quota closures in support of a
study on their reproductive biology. The
Assistant Regional Administrator has
also made a preliminary determination
that the activities authorized under the
EFP would be consistent with the goals
and objectives of the Spiny Dogfish
Fishery Management Plan (FMP).
However, further review and
consultation may be necessary before a
final determination is made.
Regulations under the MagnusonStevens Fishery Conservation and
Management Act require publication of
this notification to provide interested
parties the opportunity to comment on
EFP applications.
DATES: Comments must be received on
or before October 25, 2010.
ADDRESSES: Comments may be
submitted by e-mail. The mailbox
SUMMARY:
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Fmt 4703
Sfmt 4703
address for providing e-mail comments
is nero.efp@noaa.gov. Include in the
subject line of the e-mail comment the
following document identifier:
‘‘Comments on UNE dogfish possession
EFP.’’ Written comments should be sent
to Patricia A. Kurkul, Regional
Administrator, NMFS, Northeast
Regional Office, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the
outside of the envelope, ‘‘Comments on
UNE dogfish possession EFP.’’
Comments may also be sent via
facsimile (fax) to (978) 281–9135.
FOR FURTHER INFORMATION CONTACT:
Lindsey Feldman, Fishery Management
Specialist, phone: 978–675–2179, fax:
978–281–9135.
SUPPLEMENTARY INFORMATION: The EFP
would exempt federally permitted
commercial fishing vessels from dogfish
closures while conducting research for
the University of New England. The EFP
would temporarily exempt participating
vessels from dogfish quota closures, in
limited situations for research purposes
only, to retain dogfish that would
otherwise be prohibited. No dogfish will
be landed for sale when the fishery is
closed.
The FMP implemented a semi-annual
quota for the commercial dogfish
fishery; when a semi-annual quota is
projected to be harvested, NMFS closes
the fishery until the next semi-annual
quota opens. During a dogfish closure,
no vessel may fish for or possess
dogfish. A dogfish closure is currently
in effect through October 31, 2010.
As part of a continuing research
project, UNE is investigating the
reproductive biology of dogfish along
the U.S. Atlantic coast. UNE will
investigate previously observed regional
anomalies in dogfish reproductive
biology. Investigators from UNE aim to
update information known on the
gestation period for dogfish; in
particular whether the current estimate
of 22 months for gestation has been
overestimated. Data from the research
would provide more detailed life history
information on dogfish that could
potentially be used to fine tune stock
assessments and management plans for
dogfish in the Northwest Atlantic.
The applicant would collect 150
female dogfish samples per month (one
year total), 50 each from the Gulf of
Maine (GOM), waters off New Jersey
(NJ), and waters off North Carolina (NC).
The total number of dogfish landed
under this EFP would not exceed 1,800
individuals. Samples would be
collected during regular commercial
fishing operations, in areas open to
commercial fishing for species other
than spiny dogfish. Vessels would fish
E:\FR\FM\08OCN1.SGM
08OCN1
]]>Agencies
[Federal Register Volume 75, Number 195 (Friday, October 8, 2010)]
[Notices]
[Pages 62366-62368]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25298]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-008]
Circular Welded Carbon Steel Pipes and Tubes From Taiwan: Final
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On June 10, 2010, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on circular welded carbon steel pipes and tubes
from Taiwan. See Preliminary Results of Antidumping Duty Administrative
Review: Circular Welded Carbon Steel
[[Page 62367]]
Pipes and Tubes From Taiwan, 75 FR 32911 (June 10, 2010) (Preliminary
Results). This review covers one company, Yieh Phui Enterprise Co.,
Ltd. (Yieh Phui). Based on our analysis of the comments received, we
have made no changes from the Preliminary Results. We have listed the
final dumping margin below in the section entitled ``Final Results of
Review.''
DATES: Effective Date: October 8, 2010.
FOR FURTHER INFORMATION CONTACT: Steve Bezirganian or Robert James, AD/
CVD Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
1131 and (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 10, 2010, the Department published in the Federal Register
the preliminary results of the administrative review of the antidumping
duty order on circular welded carbon steel pipes and tubes from Taiwan
for the period May 1, 2008, to April 30, 2009. See Preliminary Results.
In response to the Department's invitation to comment on the
preliminary results of this review, respondent Yieh Phui filed its case
brief on July 12, 2010. Domestic producer Allied Tube & Conduit
Corporation filed its rebuttal brief on July 16, 2010. No parties
requested a hearing.
The deadline for the final results of this administrative review is
October 8, 2010.
Scope of the Order
The merchandise covered by this order is certain circular welded
carbon steel pipes and tubes from Taiwan, which are defined as: Welded
carbon steel pipes and tubes, of circular cross section, with walls not
thinner than 0.065 inch, and 0.375 inch or more but not over 4.5 inches
in outside diameter, currently classified under Harmonized Tariff
Schedule of the United States (HTSUS) item numbers 7306.30.5025,
7306.30.5032, 7306.30.5040, and 7306.30.5055. Although the HTSUS
subheading is provided for convenience and customs purposes, the
written description of the merchandise subject to this order is
dispositive.
Cost of Production
As discussed in the Preliminary Results, we found that Yieh Phui
made home market sales of the foreign like product during the POR at
prices below its costs of production (COP) within the meaning of
section 773(b) of the Act. See Preliminary Results, 75 FR at 32913.
Those results apply to these final results, given that no changes have
been made from the calculations made in the Preliminary Results.
We found 20 percent or more of the respondent's sales of a given
product during the reporting period were at prices less than the
weighted-average COP for this period. Thus, we determined that these
below-cost sales were made in ``substantial quantities'' within an
extended period of time and at prices which did not permit the recovery
of all costs within a reasonable period of time in the normal course of
trade. See sections 773(b)(1)&(2) of the Act.
Therefore, for purposes of these final results, we continue to find
that Yieh Phui made below-cost sales not in the ordinary course of
trade. Consequently, we disregarded these sales for Yieh Phui and used
the remaining sales as the basis for determining NV pursuant to section
773(b)(1) of the Act. For those U.S. sales of subject merchandise for
which there were no matches to home market sales in the ordinary course
of trade, we compared export prices to constructed value in accordance
with section 773(a)(4) of the Act. See Preliminary Results, 75 FR
32913.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by interested
parties in this administrative review are addressed in the Issues and
Decision Memorandum (Decision Memorandum) from Susan H. Kuhbach, Acting
Deputy Assistant Secretary for Import Administration, to Ronald K.
Lorentzen, Deputy Assistant Secretary for Import Administration, dated
September 30, 2010, which is hereby adopted by this notice. A list of
the two issues which parties raised and to which we have responded, all
of which are in the Decision Memorandum, is attached to this notice as
an appendix. Parties can find a discussion of all issues raised in this
review and the corresponding recommendations in this public memorandum,
which is on file in the Central Records Unit in room 7046 of the main
Department building. In addition, a complete version of the Decision
Memorandum can be accessed directly via the Internet at https://ia.ita.doc.gov/frn/. The paper copy and electronic version of
the Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we have made no
changes in the margin calculations.
Final Results of Review
We determine the following percentage margin exists for the period
May 1, 2008 through April 30, 2009:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter margin
(percentage)
------------------------------------------------------------------------
Yieh Phui Enterprise Co., Ltd............................. 5.04
------------------------------------------------------------------------
Assessment
Pursuant to 19 CFR 351.212(b), the Department has calculated an
assessment rate on all appropriate entries. The Department intends to
issue appropriate appraisement instructions for the company subject to
this review directly to CBP 15 days after the date of publication of
the final results of this review.
Because Yieh Phui did not report the entered value of its sales, we
calculated importer-specific (or customer-specific) per-unit duty
assessment rates by aggregating the total amount of antidumping duties
calculated for the examined sales of each importer (or customer) and
dividing each of these amounts by the respective quantities (by weight)
associated with those sales. To determine whether the duty assessment
rates are de minimis, in accordance with the requirement set forth in
19 CFR 351.106(c)(2), we calculated importer-specific (or customer-
specific) ad valorem ratios based on estimated entered values.
We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review for each importer (or
customer) for which the importer-specific (or customer-specific) ad
valorem ratio is above de minimis (i.e., at or above 0.50 percent).
Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate
without regard to antidumping duties any entries for which the
importer-specific (or customer-specific) ad valorem ratio 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 POR produced by the company included in the
final results where the reviewed companies did not know the merchandise
it 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
[[Page 62368]]
unreviewed entries at the all-others rate if there was no rate
calculated in this review for the intermediary involved in the
transaction. See id., 68 FR at 23954.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results for all shipments of the subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the publication date of these final results of administrative
review, consistent with section 751(a)(1) of the Act: (1) The cash
deposit rate for the reviewed company will be the rate listed above;
(2) if the exporter is not a firm covered in this review, but was
covered in a previous review or the original less-than-fair-value
(LTFV) investigation, the cash deposit rate will continue to be the
company-specific rate published for the most recent period; (3) if the
exporter is not a firm covered in this review, a prior review, or the
original LTFV investigation, but the manufacturer is, the cash deposit
rate will be the rate established for the most recent period for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 9.70 percent, the
all-others rate established in the LTFV investigation. See Certain
Circular Welded Carbon Steel Pipes and Tubes From Taiwan: Antidumping
Duty Order, 49 FR 19369 (May 7, 1984). These deposit requirements, when
imposed, shall remain in effect until further notice.
Notification to Interested Parties
This notice also 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 Department's presumption that
reimbursement of the antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective orders (APOs) of their responsibility
concerning the disposition 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 or 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.
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: September 30, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix--List of Issues in Decision Memorandum
Comment 1: Date of Sale for U.S. Sales
Comment 2: Zeroing
[FR Doc. 2010-25298 Filed 10-7-10; 8:45 am]
BILLING CODE 3510-DS-P
