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]

Download as PDF 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. VerDate Mar<15>2010 18:04 Nov 12, 2010 Jkt 223001 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 PO 00000 Frm 00011 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. E:\FR\FM\15NON1.SGM 15NON1 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: VerDate Mar<15>2010 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 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 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 15NON1

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]


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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\
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    \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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    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