Polyethylene Terephthalate Film, Sheet, and Strip From the People's Republic of China: Extension of Time Limit for the Final Results of the Antidumping Duty Administrative Review, 69629-69630 [2010-28674]
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Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Notices
antidumping duty order. See 19 CFR
351.218(d)(1)(iii)(B)(2).
srobinson on DSKHWCL6B1PROD with NOTICES
Scope of the Order
The product covered by this order is
certain non-frozen apple juice
concentrate. Apple juice concentrate is
defined as all non-frozen concentrated
apple juice with a brix scale of 40 or
greater, whether or not containing
added sugar or other sweetening matter,
and whether or not fortified with
vitamins or minerals. Excluded from the
scope of this order are: Frozen
concentrated apple juice; non-frozen
concentrated apple juice that has been
fermented; and non-frozen concentrated
apple juice to which spirits have been
added.
The merchandise subject to this order
is classified in the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’) at subheadings
2106.90.52.00, and 2009.70.00.20 before
January 1, 2002, and 2009.79.00.20 after
January 1, 2002. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of the
order is dispositive.
Determination To Revoke
Pursuant to section 751(c)(3)(A) of the
Tariff Act of 1930, as amended (‘‘the
Act’’) and 19 CFR
351.218(d)(1)(iii)(B)(3), if no domestic
interested party files a notice of intent
to participate, the Department shall,
within 90 days after the initiation of the
review, issue a final determination
revoking the order. Because the
domestic interested parties did not file
a notice of intent to participate in this
sunset review, the Department finds that
no domestic interested party is
participating in this sunset review.
Therefore, consistent with 19 CFR
351.222(i)(1)(i) and section 751(c)(3)(A)
of the Act, we are revoking this
antidumping duty order. Furthermore,
although 19 CFR 351.222(i)(1)(i)
identifies the fifth anniversary of the
publication of the order as the effective
date, in Parkdale v. United States, the
Court of International Trade (‘‘CIT’’)
clarified that the Department’s
determination of the effective date of
revocation is a discretionary, not a
ministerial act. See Parkdale
International Ltd. v. U.S., 581 F.Supp.2d
1334 (‘‘Parkdale v. United States’’) (CIT
2008). Therefore, the effective date of
revocation of this antidumping duty
order is November 2, 2010, the fifth
anniversary of the date of publication in
the Federal Register of the most recent
notice of continuation of this
antidumping duty order. See Notice of
Continuation.
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18:04 Nov 12, 2010
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Effective Date of Revocation
Pursuant to section 751(c)(3)(A) of the
Act and 19 CFR 351.222(i)(2)(i), the
Department intends to issue instructions
to U.S. Customs and Border Protection,
15 days after publication of this notice,
to terminate the suspension of
liquidation of the merchandise subject
to this order entered, or withdrawn from
warehouse, on or after November 2,
2010. Entries of subject merchandise
prior to the effective date of revocation
will continue to be subject to
suspension of liquidation and
antidumping duty deposit requirements.
The Department will complete any
pending administrative reviews of this
order and will conduct administrative
reviews of subject merchandise entered
prior to the effective date of revocation
in response to appropriately filed
requests of review.
This five-year (‘‘sunset’’) review and
notice are published in accordance with
sections 751(c) and 777(i)(1) of the Act.
Dated: November 8, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2010–28678 Filed 11–12–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–924]
Polyethylene Terephthalate Film,
Sheet, and Strip From the People’s
Republic of China: Extension of Time
Limit for the Final Results of the
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: November 15,
2010.
FOR FURTHER INFORMATION CONTACT:
Thomas Martin, AD/CVD Operations,
Office 4, Import Administration,
International Trade Administration,
Department of Commerce, 14th Street
and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202)
482–3936.
AGENCY:
Background
On December 23, 2009, Department of
Commerce (‘‘Department’’) published the
notice of the initiation of the
antidumping duty administrative review
on polyethylene terephthalate film,
sheet, and strip from the People’s
Republic of China (‘‘PRC’’), covering the
period November 6, 2008, through
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Fmt 4703
Sfmt 4703
69629
October 31, 2009. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews and Request for
Revocation in Part, 74 FR 68229
(December 23, 2009).
On August 16, 2010, the Department
published the preliminary results of this
review. See Polyethylene Terephthalate
Film, Sheet, and Strip From the People’s
Republic of China: Preliminary Results
and Preliminary Rescission, in Part, of
Antidumping Duty Administrative
Review, 75 FR 49893 (August 16, 2010).
The final results are currently due on
December 14, 2010.
Extension of Time Limits for Final
Results
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (‘‘Act’’), requires
the Department to issue the final results
in an administrative review of an
antidumping duty order 120 days after
the date on which the preliminary
results are published. The Department
may, however, extend the deadline for
completion of the final results of an
administrative review to 180 days if it
determines it is not practicable to
complete the review within the
foregoing time period. The Department
may extend the time for the final results
without extending the time for the
preliminary results, if such final results
are made not later than 300 days after
the date on which the preliminary
results are published. See section
751(a)(3)(A) of the Act and 19 CFR
351.213(h)(2).
The Department requires additional
time to complete this review because
the Department recently issued a
revision of the valuation of the labor
rate for the final results of the
administrative review using a simple
average industry-specific wage rate. The
Department must analyze and consider
significant issues raised in the parties’
comments and post-preliminary
submissions. Thus, it is not practicable
to complete this review by the current
due date. Therefore, we are extending
the time for the completion of the final
results of this review by an additional
60 days to February 12, 2011.1
This notice is published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act.
1 As the 60-day extension falls on Saturday,
February 12, 2011, the deadline for the final results
of review will be the next business day, which is
February 14, 2011.
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69630
Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Notices
Dated: November 8, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
For
questions on the Chemical Weapons
Convention requirements for ‘‘Schedule
1’’ chemicals, contact James Truske,
Treaty Compliance Division, Office of
Nonproliferation and Treaty
Compliance, Bureau of Industry and
Security, U.S. Department of Commerce,
Phone: (202) 482–1001. For questions
on the submission of comments, contact
Willard Fisher, Regulatory Policy
Division, Office of Exporter Services,
Bureau of Industry and Security, U.S.
Department of Commerce, Phone: (202)
482–2440.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2010–28674 Filed 11–12–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Docket No. 101103543–0543–02]
Impact of Implementation of the
Chemical Weapons Convention on
Commercial Activities Involving
‘‘Schedule 1’’ Chemicals, Including
Production of Schedule 1 Chemicals
as Intermediates, Through Calendar
Year 2010
Background
Bureau of Industry and
Security, Commerce.
ACTION: Notice of inquiry.
AGENCY:
The Bureau of Industry and
Security (BIS) is seeking public
comments on the impact that
implementation of the Chemical
Weapons Convention (CWC), through
the Chemical Weapons Convention
Implementation Act (CWCIA) and the
Chemical Weapons Convention
Regulations (CWCR), has had on
commercial activities involving
‘‘Schedule 1’’ chemicals during calendar
year 2010. BIS reminds the public that
the CWC, CWCIA, or CWCR have
potential impacts on commercial
activities whenever Schedule 1
chemicals (e.g., nitrogen mustards) are
intermediates in the synthesis of other
chemicals, not just when the Schedule
1 chemicals are end products. The
purpose of this notice of inquiry is to
collect information to assist BIS in its
preparation of the annual certification to
the Congress, which is required under
Condition 9 of Senate Resolution 75,
April 24, 1997, in which the Senate gave
its advice and consent to the ratification
of the CWC.
DATES: Comments must be received by
December 15, 2010.
ADDRESSES: You may submit comments
by any of the following methods:
• E-mail: wfisher@bis.doc.gov.
Include the phrase ‘‘Schedule 1 Notice
of Inquiry’’ in the subject line;
• Fax: (202) 482–3355 (Attn: Willard
Fisher);
• Mail or Hand Delivery/Courier:
Willard Fisher, U.S. Department of
Commerce, Bureau of Industry and
Security, Regulatory Policy Division,
14th Street & Pennsylvania Avenue,
NW., Room 2705, Washington, DC
20230.
srobinson on DSKHWCL6B1PROD with NOTICES
SUMMARY:
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18:04 Nov 12, 2010
Jkt 223001
In providing its advice and consent to
the ratification of the Convention on the
Prohibition of the Development,
Production, Stockpiling, and Use of
Chemical Weapons and Their
Destruction, commonly called the
Chemical Weapons Convention (CWC or
‘‘the Convention’’), the Senate included,
in Senate Resolution 75 (S. Res. 75,
April 24, 1997), several conditions to its
ratification. Condition 9, titled
‘‘Protection of Advanced
Biotechnology,’’ calls for the President
to certify to Congress on an annual basis
that ‘‘the legitimate commercial
activities and interests of chemical,
biotechnology, and pharmaceutical
firms in the United States are not being
significantly harmed by the limitations
of the Convention on access to, and
production of, those chemicals and
toxins listed in Schedule 1.’’ On July 8,
2004, President Bush, by Executive
Order 13346, delegated his authority to
make the annual certification to the
Secretary of Commerce.
The CWC is an international arms
control treaty that contains certain
verification provisions. In order to
implement these verification provisions,
the CWC established the Organization
for the Prohibition of Chemical
Weapons (OPCW). The CWC imposes
certain obligations on countries that
have ratified the Convention (i.e., States
Parties), among which are the enactment
of legislation to prohibit the production,
storage, and use of chemical weapons,
and the establishment of a National
Authority to serve as the national focal
point for effective liaison with the
OPCW and other States Parties for the
purpose of achieving the object and
purpose of the Convention and the
implementation of its provisions. The
CWC also requires each State Party to
implement a comprehensive data
declaration and inspection regime to
provide transparency and to verify that
both the public and private sectors of
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the State Party are not engaged in
activities prohibited under the CWC.
‘‘Schedule 1’’ chemicals consist of
those toxic chemicals and precursors set
forth in the CWC ‘‘Annex on Chemicals’’
and in Supplement No. 1 to part 712 of
the Chemical Weapons Convention
Regulations (CWCR) (15 CFR parts 710–
722). The CWC identified these toxic
chemicals and precursors as posing a
high risk to the object and purpose of
the Convention.
The CWC restricts the production of
‘‘Schedule 1’’ chemicals for protective
purposes to two facilities per State
Party. The CWC Article-by-Article
Analysis submitted to the Senate in
Treaty Doc. 103–21 defined the term
‘‘protective purposes’’ to mean ‘‘used for
determining the adequacy of defense
equipment and measures.’’ Consistent
with this definition, and as authorized
via Presidential Decision Directive
(PDD) 70, December 17, 1999, the
Department of Defense (DOD) was
assigned the responsibility to operate
these two facilities, thereby precluding
commercial production of ‘‘Schedule 1’’
chemicals for protective purposes in the
United States. The assignment of
responsibility to DOD did not establish
any limitations on ‘‘Schedule 1’’
chemical activities that are not
prohibited by the CWC. However, the
Department of Defense maintains strict
controls on ‘‘Schedule 1’’ chemicals
produced at its facilities in order to
ensure the accountability and proper
use of such chemicals, consistent with
the object and purpose of the
Convention.
The provisions of the CWC that affect
commercial activities involving
‘‘Schedule 1’’ chemicals are
implemented in the CWCR (see 15 CFR
712) and in the Export Administration
Regulations (EAR) (see 15 CFR 742.18
and 15 CFR 745), both of which are
administered by the Bureau of Industry
and Security (BIS). Pursuant to CWC
requirements, the CWCR restrict
commercial production of ‘‘Schedule 1’’
chemicals to research, medical, or
pharmaceutical purposes. The CWCR
also contain other requirements and
prohibitions that apply to ‘‘Schedule 1’’
chemicals and/or ‘‘Schedule 1’’ facilities.
Specifically, the CWCR:
(1) Prohibit the import of ‘‘Schedule 1’’
chemicals from States not Party to the
Convention (15 CFR 712.2(b));
(2) Require annual declarations by
certain facilities engaged in the
production of ‘‘Schedule 1’’ chemicals in
excess of 100 grams aggregate per
calendar year (i.e., declared ‘‘Schedule
1’’ facilities) for purposes not prohibited
by the Convention (15 CFR 712.5(a)(1)
and (a)(2));
E:\FR\FM\15NON1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 219 (Monday, November 15, 2010)]
[Notices]
[Pages 69629-69630]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28674]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-924]
Polyethylene Terephthalate Film, Sheet, and Strip From the
People's Republic of China: Extension of Time Limit for the Final
Results of the Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: November 15, 2010.
FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations,
Office 4, Import Administration, International Trade Administration,
Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-3936.
Background
On December 23, 2009, Department of Commerce (``Department'')
published the notice of the initiation of the antidumping duty
administrative review on polyethylene terephthalate film, sheet, and
strip from the People's Republic of China (``PRC''), covering the
period November 6, 2008, through October 31, 2009. See Initiation of
Antidumping and Countervailing Duty Administrative Reviews and Request
for Revocation in Part, 74 FR 68229 (December 23, 2009).
On August 16, 2010, the Department published the preliminary
results of this review. See Polyethylene Terephthalate Film, Sheet, and
Strip From the People's Republic of China: Preliminary Results and
Preliminary Rescission, in Part, of Antidumping Duty Administrative
Review, 75 FR 49893 (August 16, 2010). The final results are currently
due on December 14, 2010.
Extension of Time Limits for Final Results
Section 751(a)(3)(A) of the Tariff Act of 1930, as amended
(``Act''), requires the Department to issue the final results in an
administrative review of an antidumping duty order 120 days after the
date on which the preliminary results are published. The Department
may, however, extend the deadline for completion of the final results
of an administrative review to 180 days if it determines it is not
practicable to complete the review within the foregoing time period.
The Department may extend the time for the final results without
extending the time for the preliminary results, if such final results
are made not later than 300 days after the date on which the
preliminary results are published. See section 751(a)(3)(A) of the Act
and 19 CFR 351.213(h)(2).
The Department requires additional time to complete this review
because the Department recently issued a revision of the valuation of
the labor rate for the final results of the administrative review using
a simple average industry-specific wage rate. The Department must
analyze and consider significant issues raised in the parties' comments
and post-preliminary submissions. Thus, it is not practicable to
complete this review by the current due date. Therefore, we are
extending the time for the completion of the final results of this
review by an additional 60 days to February 12, 2011.\1\
---------------------------------------------------------------------------
\1\ As the 60-day extension falls on Saturday, February 12,
2011, the deadline for the final results of review will be the next
business day, which is February 14, 2011.
---------------------------------------------------------------------------
This notice is published in accordance with sections 751(a)(1) and
777(i)(1) of the Act.
[[Page 69630]]
Dated: November 8, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-28674 Filed 11-12-10; 8:45 am]
BILLING CODE 3510-DS-P
