Second Antidumping Duty Administrative Review of Certain Polyester Staple Fiber From the People's Republic of China: Extension of Time Limit for the Final Results, 64694-64695 [2010-26457]

Download as PDF 64694 Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Notices Dated: October 14, 2010. Susan K. Fawcett, Records Officer, USPTO, Office of the Chief Information Officer. [FR Doc. 2010–26376 Filed 10–19–10; 8:45 am] BILLING CODE 3510–16–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Docket 59–2010] emcdonald on DSK2BSOYB1PROD with NOTICES Proposed Foreign-Trade Zone— Greenup and Boyd Counties, Kentucky; Application and Public Hearing An application has been submitted to the Foreign-Trade Zones Board (the Board) by the Greenup Boyd Riverport Authority to establish a general-purpose foreign-trade zone in Greenup and Boyd Counties, Kentucky, adjacent to the Charleston CBP port of entry. The application was submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a– 81u), and the regulations of the Board (15 CFR part 400). It was formally filed on October 15, 2010. The applicant is authorized to make the proposal under the Kentucky Revised Statutes section 65.530. The proposed zone would consist of one site covering 64 acres in Greenup County, Kentucky: Proposed Site 1 (64 acres)—Greenup Boyd Riverport Site located at 215 Pier One Drive, Wurtland. The site is owned by the Greenup Boyd Riverport Authority, Greenup and Boyd County Fiscal Courts, and Great Lakes Minerals, LLC. The application indicates a need for zone services in the Greenup and Boyd Counties, Kentucky, area. Several firms have indicated an interest in using zone procedures for warehousing/distribution activities for a variety of products. Specific manufacturing approvals are not being sought at this time. Such requests would be made to the Board on a case-by-case basis. In accordance with the Board’s regulations, Elizabeth Whiteman of the FTZ Staff is designated examiner to evaluate and analyze the facts and information presented in the application and case record and to report findings and recommendations to the Board. As part of the investigation, the Commerce examiner will hold a public hearing on November 5, 2010 at 9 a.m., at the Fiscal Court Room, beside the Greenup County Courthouse on Main Street, Greenup, Kentucky. Public comment is invited from interested parties. Submissions (original and 3 copies) shall be addressed to the VerDate Mar<15>2010 17:17 Oct 19, 2010 Jkt 223001 Board’s Executive Secretary at the address below. The closing period for their receipt is December 20, 2010. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to January 3, 2011. A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 2111, U.S. Department of Commerce, 1401 Constitution Avenue, NW., Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the Board’s Web site, which is accessible via http:// www.trade.gov/ftz. For further information, contact Elizabeth Whiteman at Elizabeth.Whiteman@trade.gov or (202) 482–0473. The application to expand the scope of manufacturing authority under zone procedures to include activity related to thermal transfer ribbon printer roll manufacturing within Subzone 33E, as described in the application and Federal Register notice, is approved, subject to the FTZ Act and the Board’s regulations, including Section 400.28. Signed at Washington, DC, this 7th day of October 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration, Alternate Chairman, ForeignTrade Zones Board. Attest: Andrew McGilvray, Executive Secretary. [FR Doc. 2010–26416 Filed 10–19–10; 8:45 am] BILLING CODE 3510–DS–P Dated: October 15, 2010. Andrew McGilvray, Executive Secretary. DEPARTMENT OF COMMERCE [FR Doc. 2010–26420 Filed 10–19–10; 8:45 am] [A–570–905] International Trade Administration BILLING CODE P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Order No. 1715] Approval for Expanded Manufacturing Authority; Foreign-Trade Subzone 33E; DNP IMS America Corporation (Thermal Transfer Ribbon Printer Roll Manufacturing); Mount Pleasant, PA Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a-81u), the ForeignTrade Zones Board (the Board) adopts the following Order: Whereas, the Regional Industrial Development Corporation of Southwestern Pennsylvania, grantee of FTZ 33, has requested an expansion of the scope of manufacturing authority on behalf of DNP IMS America Corporation (DNP), within Subzone 33E in Mount Pleasant, Pennsylvania, (FTZ Docket 9– 2010, filed 2/4/2010); Whereas, notice inviting public comment has been given in the Federal Register (75 FR 6635–6636, 2/10/2010) and the application has been processed pursuant to the FTZ Act and the Board’s regulations; and, Whereas, the Board adopts the findings and recommendations of the examiner’s report, and finds that the requirements of the FTZ Act and Board’s regulations are satisfied, and that the proposal is in the public interest; Now, therefore, the Board hereby orders: PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 Second Antidumping Duty Administrative Review of Certain Polyester Staple Fiber From the People’s Republic of China: Extension of Time Limit for the Final Results Agency: Import Administration, International Trade Administration, Department of Commerce. Dates: Effective Date: October 20, 2010. For Further Information Contact: Steven Hampton or Jerry Huang, 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) 482–0116 or (202) 482– 4047, respectively. Background On July 14, 2010, the Department of Commerce (‘‘Department’’) published in the Federal Register the Preliminary Results of the second administrative review of certain polyester staple fiber (‘‘PSF’’) from the People’s Republic of China (‘‘PRC’’), covering the period June 1, 2008–May 31, 2009. Certain Polyester Staple Fiber From the People’s Republic of China: Notice of Preliminary Results and Preliminary Rescission, in Part, of the Antidumping Duty Administrative Review, 75 FR 40777 (July 14, 2010) (‘‘Preliminary Results’’). Extension of Time Limit for the Preliminary Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), requires the Department to issue the E:\FR\FM\20OCN1.SGM 20OCN1 Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Notices final results of an administrative review within 120 days after the date on which the Preliminary Results have been published. If it is not practicable to complete the review within the time period, section 751(a)(3)(A) of the Act allows the Department to extend this deadline to a maximum of 180 days. The current deadline for the completion of the final results of this review is November 11, 2010. The Department has determined that completion of the final results of this review by the current deadline is not practicable. The Department requires more time to analyze a significant amount of information pertaining to the respondents’ corporate structure and ownership, sales practices and manufacturing methods, as well as the labor wage rate surrogate value. Therefore, given the number and complexity of issues in this case, and in accordance with section 751(a)(3)(A) of the Act, we are extending the time period for issuing the final results of review until December 20, 2010. This notice is published pursuant to sections 751(1)(3)(A) and 777(i)(1) of the Act and 19 CFR 351.213(h)(2). Dated: October 13, 2010. Susan H. Kuhbach, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2010–26457 Filed 10–19–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–908] First Administrative Review of Sodium Hexametaphosphate From the People’s Republic of China: Final Results of the Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On April 15, 2010, the Department of Commerce (‘‘Department’’) published the Preliminary Results of the first administrative review of the antidumping duty order on sodium hexametaphosphate (‘‘sodium hex’’) from the People’s Republic of China (‘‘PRC’’).1 We gave interested parties an opportunity to comment on the emcdonald on DSK2BSOYB1PROD with NOTICES AGENCY: 1 See First Administrative Review of Sodium Hexametaphosphate from the People’s Republic of China: Notice of Preliminary Results of the Antidumping Duty Administrative Review, 75 FR 19613 (April 15, 2010) (‘‘Preliminary Results’’). VerDate Mar<15>2010 17:17 Oct 19, 2010 Jkt 223001 Preliminary Results. Based upon our analysis of the comments and information received, we made changes to the margin calculation for the final results. We find that the sole participating respondent in this review, Hubei Xingfa Chemical Group Co., Ltd. (‘‘Xingfa’’), sold subject merchandise at less than normal value (‘‘NV’’) during the period of review (‘‘POR’’), September 14, 2007–February 28, 2009. DATES: Effective Date: October 20, 2010. FOR FURTHER INFORMATION CONTACT: Paul Walker, 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) 482–0413. SUPPLEMENTARY INFORMATION: Background As noted above, on April 15, 2010, the Department published the Preliminary Results of this administrative review. On August 10, 2010, the Department published a notice extending the time period for issuing the final results by 53 days to October 5, 2010.2 On October 5, 2010, the Department extended the time period for issuing the final results by an additional 7 days to October 12, 2010.3 On July 26, 2010, the Department placed wage rate data on the record for comment following the recent decision in Dorbest Limited et al. v. United States, 2009–1257, –1266, issued by the United States Court of Appeals for the Federal Circuit (‘‘CAFC’’) on May 14, 2010.4 Between May 21, 2010 and August 13, 2010, we received case and rebuttal briefs from the Petitioners 5 and Xingfa. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties are addressed in the ‘‘First Administrative Review of Sodium Hexametaphosphate from the People’s Republic of China: Issues and Decision Memorandum for the Final Results,’’ which is dated concurrently with this notice (‘‘I&D Memo’’). A list of the issues which parties raised, and to which we respond in the I&D Memo, is 2 See First Antidumping Duty Administrative Review of Sodium Hexametaphosphate from the People’s Republic of China: Extension of Time Limit for the Final Results, 75 FR 48309 (August 10, 2010). 3 See First Antidumping Duty Administrative Review of Sodium Hexametaphosphate from the People’s Republic of China: Extension of Time Limit for the Final Results, dated October 5, 2010. 4 See the ‘‘Changes Since the Preliminary Results’’ section below for a detailed explanation of the Department’s revised wage rate for these final results. 5 ICL Performance Products and Innophos, Inc. (collectively, the ‘‘Petitioners’’). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 64695 attached to this notice as an Appendix. The I&D Memo is a public document and is on file in the Central Records Unit (‘‘CRU’’), Main Commerce Building, Room 7046, and is accessible on the Department’s Web site at http://www.trade.gov/ia. The paper copy and electronic version of the memorandum are identical in content. Changes Since the Preliminary Results Based on a review of the record, as well as comments received from parties regarding our Preliminary Results, we have made revisions to Xingfa’s margin calculation for the final results. We have revised classifications for certain expenses in the surrogate financial ratios used in the Preliminary Results. Specifically, we have excluded packing costs and freight and forwarding costs because it is the Department’s practice to exclude certain expenses in order to avoid double-counting costs where the requisite data are available to do so.6 Moreover, consistent with the Department’s practice, we have included purchased goods in the denominator of the SG&A and profit ratio calculations.7 Pursuant to a recent decision by the CAFC,8 we have calculated a revised hourly wage rate to use in valuing Xingfa’s reported labor. The revised wage rate is calculated by averaging earnings and/or wages in countries that are economically comparable to the PRC and that are significant producers of comparable merchandise.9 Additionally, we have revised the surrogate value for sodium pyrophosphate.10 Scope of the Order The merchandise subject to this review is sodium hexametaphosphate. Sodium hexametaphosphate is a watersoluble polyphosphate glass that 6 See, e.g., Helical Spring Lock Washers From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review, 73 FR 4175 (January 24, 2008) (where the Department clearly articulated its practice to avoid doublecounting costs in calculating dumping margins); see also I&D Memo at Comment 4. 7 See Amended Final Results of the First Antidumping Duty Administrative Review: Folding Metal Tables and Chairs From the People’s Republic of China, 70 FR 3187 (January 21, 2005); see also I&D Memo at Comment 4. 8 Dorbest v. United States, 604 F. 3d 1363 (Fed. Cir. 2010). 9 See I&D Memo at Comment 3E; see also Final SV Memo for the details of the calculation and supporting data. 10 See I&D Memo at Comment 3A; see also Memorandum to the File, through Scot T. Fullerton, Program Manager, Office IX, from Paul Walker, Case Analyst, Office IX, ‘‘First Administrative Review of Sodium Hexametaphosphate from the People’s Republic of China: Surrogate Factor Valuations for the Final Results’’ (‘‘Final SV Memo’’), dated concurrently with this notice. E:\FR\FM\20OCN1.SGM 20OCN1

Agencies

[Federal Register Volume 75, Number 202 (Wednesday, October 20, 2010)]
[Notices]
[Pages 64694-64695]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-26457]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-905]


Second Antidumping Duty Administrative Review of Certain 
Polyester Staple Fiber From the People's Republic of China: Extension 
of Time Limit for the Final Results

    Agency: Import Administration, International Trade Administration, 
Department of Commerce.
    Dates: Effective Date: October 20, 2010.
    For Further Information Contact: Steven Hampton or Jerry Huang, 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-
0116 or (202) 482-4047, respectively.

Background

    On July 14, 2010, the Department of Commerce (``Department'') 
published in the Federal Register the Preliminary Results of the second 
administrative review of certain polyester staple fiber (``PSF'') from 
the People's Republic of China (``PRC''), covering the period June 1, 
2008-May 31, 2009. Certain Polyester Staple Fiber From the People's 
Republic of China: Notice of Preliminary Results and Preliminary 
Rescission, in Part, of the Antidumping Duty Administrative Review, 75 
FR 40777 (July 14, 2010) (``Preliminary Results'').

Extension of Time Limit for the Preliminary Results

    Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (``the 
Act''), requires the Department to issue the

[[Page 64695]]

final results of an administrative review within 120 days after the 
date on which the Preliminary Results have been published. If it is not 
practicable to complete the review within the time period, section 
751(a)(3)(A) of the Act allows the Department to extend this deadline 
to a maximum of 180 days. The current deadline for the completion of 
the final results of this review is November 11, 2010.
    The Department has determined that completion of the final results 
of this review by the current deadline is not practicable. The 
Department requires more time to analyze a significant amount of 
information pertaining to the respondents' corporate structure and 
ownership, sales practices and manufacturing methods, as well as the 
labor wage rate surrogate value. Therefore, given the number and 
complexity of issues in this case, and in accordance with section 
751(a)(3)(A) of the Act, we are extending the time period for issuing 
the final results of review until December 20, 2010.
    This notice is published pursuant to sections 751(1)(3)(A) and 
777(i)(1) of the Act and 19 CFR 351.213(h)(2).

    Dated: October 13, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2010-26457 Filed 10-19-10; 8:45 am]
BILLING CODE 3510-DS-P