Aluminum Extrusions From the People's Republic of China: Postponement of Final Determination of Sales at Less Than Fair Value, 73041-73042 [2010-29874]

Download as PDF Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Notices Vietnam. See Certain Tissue Paper Products from the People’s Republic of China: Initiation of Anti-circumvention Inquiry, 75 FR 17127 (April 5, 2010) (Initiation). In the Initiation notice, the Department stated that it would focus its analysis on the significance of the production process in Vietnam by Max Fortune Vietnam, the company the petitioner identified in its circumvention request (which is the same company on which the Department initiated an administrative review). In its June 28, 2010, response to the Department’s April 23, 2010, questionnaire in the anticircumvention inquiry, Max Fortune Vietnam claimed that it did not export tissue paper to the United States produced from jumbo rolls imported from the PRC since January 2008. Likewise, in its August 17, 2010, response to the Department’s May 7, 2010, questionnaire, in this review, Max Fortune Vietnam claimed that it did not export subject merchandise from the PRC or Vietnam. mstockstill on DSKH9S0YB1PROD with NOTICES Rescission, in Part, of Administrative Review Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if the party who requested the review withdraws the request within 90 days of the date of publication of the notice of initiation of the requested review. Accordingly, the petitioner timely withdrew its request for review of Max Fortune Industrial and Max Fortune Fuzhou. In addition, Huaguang Special Craft withdrew its own request for review within the 90-day period. Because no other party requested a review of these companies’ entries, we are rescinding this administrative review with respect to these companies in accordance with 19 CFR 351.213(d)(1). Extension of Time Limits for Preliminary Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), requires the Department to issue the preliminary results of an administrative review within 245 days after the last day of the anniversary month of the date of publication of an order for which a review is requested. If it is not practicable to complete the review within this time period, section 751(a)(3)(A) of the Act allows the Department to extend this deadline to a maximum of 365 days. As noted above, Max Fortune Vietnam claimed that it made no shipments from Vietnam of tissue paper made from PRCorigin jumbo rolls or sheets to the U.S. market during the POR. Data on the record does indicate, however, that Max VerDate Mar<15>2010 17:57 Nov 26, 2010 Jkt 223001 Fortune Vietnam has exported tissue paper from Vietnam to the U.S. market during the period overlapping the administrative review POR. In response to the Department’s questionnaire in the anticircumvention inquiry, Max Fortune Vietnam claimed that it has not exported to the United States tissue paper produced from jumbo rolls imported from the PRC since January 2008. Depending on the Department’s finding in the anticircumvention segment, Max Fortune Vietnam may or may not continue to be a respondent in the administrative review. Because the Department intends to conduct verification of Max Fortune Vietnam’s claims in the circumvention segment, the results of that verification will directly impact the administrative review segment of this proceeding. The Department, therefore, requires additional time in this review to make a preliminary finding on Max Fortune Vietnam’s ‘‘no shipment’’ claim. For this reason, it is not practicable to complete this review within the original time limit. Thus, the Department is fully extending the time limit for completion of the preliminary results by 120 days to 365 days, in accordance with section 751(a)(3)(A) of the Act. The preliminary results are now due no later than March 31, 2011. The final results continue to be due 120 days after publication of the preliminary results. 73041 occurred and the subsequent assessment of double antidumping duties. Notification Regarding 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(a)(3), 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 published in accordance with sections 751(a)(3)(A) and 777(i) of the Act, and 19 CFR 351.213(d)(4) and 351.213(h)(2). Dated: November 19, 2010. Susan H. Kuhbach, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2010–29969 Filed 11–26–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Assessment International Trade Administration For the companies for which the Department is rescinding this review, the Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. Therefore, for Max Fortune Industrial, Max Fortune Fuzhou, and Huaguang Special Craft, antidumping duties shall be assessed, if applicable, at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice. [A–570–967] This notice serves as a 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 Frm 00015 Fmt 4703 Sfmt 4703 Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: November 29, 2010. AGENCY: Paul Stolz or Lori Apodaca, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–4474 and (202) 482–4551, respectively. FOR FURTHER INFORMATION CONTACT: Postponement of Final Determination Notification to Importers PO 00000 Aluminum Extrusions From the People’s Republic of China: Postponement of Final Determination of Sales at Less Than Fair Value The Department of Commerce (‘‘Department’’) initiated the antidumping duty investigation of aluminum extrusions from the People’s Republic of China (‘‘PRC’’) on April 27, 2010.1 On November 12, 2010, the Department published the Preliminary 1 See Aluminum Extrusions from the People’s Republic of China: Initiation of Antidumping Duty Investigation, 75 FR 22109 (‘‘Initiation Notice’’). E:\FR\FM\29NON1.SGM 29NON1 73042 Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES Determination in the Federal Register.2 The final determination of this antidumping duty investigation is currently due on January 10, 2011. Section 735(a)(2) of the Tariff Act of 1930 (‘‘the Act’’) provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by petitioner. In addition, 19 CFR 351.210(e)(2) requires that requests by respondents for postponement of a final determination be accompanied by a request for extension of provisional measures from a four-month period to not more than six months. On November 1, 2010, Guang Ya Aluminium Industries Co., Ltd., Foshan Guangcheng Aluminium Co., Ltd., Kong Ah International Company Limited, and Guang Ya Aluminium Industries (Hong Kong) Limited, (collectively, ‘‘Guang Ya Group’’), one of the entities comprising the sole active mandatory respondent in this investigation, requested an extension of the final determination and extension of the provisional measures.3 Thus, because the Preliminary Determination is affirmative, the respondent requesting extension of the final determination and extension of the provisional measures accounts for significant proportion of exports of the subject merchandise, and no compelling reasons for denial exist, we are extending the due date for the final determination in this investigation to no later than 135 days after the date of the publication of the preliminary determination. For the reasons identified above, we are postponing the final determination until March 28, 2011.4 2 See Aluminum Extrusions from the People’s Republic of China: Notice of Preliminary Determination of Sales at Less Than Fair Value, and Preliminary Determination of Targeted Dumping, 75 FR 69403 (November 12, 2010) (‘‘Preliminary Determination’’). 3 See Aluminum Extrusions from the PRC: Request by Guang Ya Group for an Extension of the Final Determination (November 1, 2010). See also Preliminary Determination, finding that Guang Ya Group, Zhaoqing New Zhongya Aluminum Co., Ltd., Zhongya Shaped Aluminium (HK) Holding Limited and Karlton Aluminum Company Ltd., and Xinya Aluminum & Stainless Steel Product Co., Ltd. should be considered a single entity for purposes of this investigation. 4 March 27, 2011, is 135 days after the date of the publication of the preliminary determination. However, because March 27, 2011, is a Sunday, we will postpone the due date to the next business day, Monday, March 28, 2011. VerDate Mar<15>2010 17:57 Nov 26, 2010 Jkt 223001 This notice is issued and published pursuant to sections 777(i) and 735(a)(2) of the Act and 19 CFR 351.210(g). Dated: November 15, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2010–29874 Filed 11–26–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–847] 1-Hydroxyethylidene-1, 1-Diphosphonic Acid From India: Preliminary Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to a timely request by one manufacturer/exporter, Aquapharm Chemicals Pvt., Ltd. (Aquapharm), the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on 1hydroxyethylidene-1, 1-diphosphonic acid (HEDP) from India with respect to Aquapharm. The review covers the period April 23, 2009, through March 31, 2010. We preliminarily determine that Aquapharm did not make sales below normal value (NV). If the preliminary results are adopted in our final results of the administrative review, we will issue appropriate assessment instructions to U.S. Customs and Border Protection (CBP). FOR FURTHER INFORMATION CONTACT: David Goldberger or Brandon Custard, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC, 20230; telephone (202) 482–4136 or (202) 482– 1823, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background In response to a timely request by Aquapharm, on May 28, 2010, the Department published in the Federal Register a notice of initiation of an administrative review of the antidumping duty order on HEDP from India with respect to Aquapharm covering the period April 23, 2009, through March 31, 2010. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 75 FR 29976 (May 28, 2010). PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 On June 11, 2010, we issued the antidumping duty questionnaire to Aquapharm. On July 19, 2010, we received a response to section A (i.e., the section covering general information about the company), and on August 10, 2010, we received responses to sections B (i.e., the section covering comparisonmarket sales) and C (i.e., the section covering U.S. sales) of the antidumping duty questionnaire from Aquapharm. On September 15, 2010, we issued to Aquapharm a supplemental questionnaire regarding its responses to sections A, B, and C of the original questionnaire, and received a response to this supplemental questionnaire on September 29, 2010. Scope of the Order The merchandise covered by this order includes all grades of aqueous, acidic (non-neutralized) concentrations of 1-hydroxyethylidene-1, 1diphosphonic acid,1 also referred to as hydroxethlylidenediphosphonic acid, hydroxyethanediphosphonic acid, acetodiphosphonic acid, and etidronic acid. The CAS (Chemical Abstract Service) registry number for HEDP is 2809–21–4. The merchandise subject to this order is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheading 2931.00.9043. It may also enter under HTSUS subheading 2811.19.6090. While HTSUS subheadings are provided for convenience and customs purposes only, the written description of the scope of this order is dispositive. Period of Review The period of review (POR) is April 23, 2009, through March 31, 2010. Comparisons to Normal Value To determine whether Aquapharm’s sales of HEDP from India to the United States were made at less than NV, we compared the export price (EP) or constructed export price (CEP) to NV, as described in the ‘‘Export Price and Constructed Export Price’’ and ‘‘Normal Value’’ sections of this notice. Pursuant to section 777A(d)(2) of the Tariff Act of 1930, as amended (the Act), we compared the EPs and CEPs of individual U.S. transactions to the weighted-average NV of the foreign like product where there were sales made in the ordinary course of trade. See discussion below. Product Comparisons In accordance with section 771(16) of the Act, we considered all products produced by Aquapharm covered by the 1C 2H8O7P2 E:\FR\FM\29NON1.SGM or C(CH3)(OH)(PO3H2)2. 29NON1

Agencies

[Federal Register Volume 75, Number 228 (Monday, November 29, 2010)]
[Notices]
[Pages 73041-73042]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29874]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-967]


Aluminum Extrusions From the People's Republic of China: 
Postponement of Final Determination of Sales at Less Than Fair Value

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: November 29, 2010.

FOR FURTHER INFORMATION CONTACT: Paul Stolz or Lori Apodaca, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone: 
(202) 482-4474 and (202) 482-4551, respectively.

Postponement of Final Determination

    The Department of Commerce (``Department'') initiated the 
antidumping duty investigation of aluminum extrusions from the People's 
Republic of China (``PRC'') on April 27, 2010.\1\ On November 12, 2010, 
the Department published the Preliminary

[[Page 73042]]

Determination in the Federal Register.\2\ The final determination of 
this antidumping duty investigation is currently due on January 10, 
2011.
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    \1\ See Aluminum Extrusions from the People's Republic of China: 
Initiation of Antidumping Duty Investigation, 75 FR 22109 
(``Initiation Notice'').
    \2\ See Aluminum Extrusions from the People's Republic of China: 
Notice of Preliminary Determination of Sales at Less Than Fair 
Value, and Preliminary Determination of Targeted Dumping, 75 FR 
69403 (November 12, 2010) (``Preliminary Determination'').
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    Section 735(a)(2) of the Tariff Act of 1930 (``the Act'') provides 
that a final determination may be postponed until not later than 135 
days after the date of the publication of the preliminary determination 
if, in the event of an affirmative determination, a request for such 
postponement is made by exporters who account for a significant 
proportion of exports of the subject merchandise, or in the event of a 
negative preliminary determination, a request for such postponement is 
made by petitioner. In addition, 19 CFR 351.210(e)(2) requires that 
requests by respondents for postponement of a final determination be 
accompanied by a request for extension of provisional measures from a 
four-month period to not more than six months.
    On November 1, 2010, Guang Ya Aluminium Industries Co., Ltd., 
Foshan Guangcheng Aluminium Co., Ltd., Kong Ah International Company 
Limited, and Guang Ya Aluminium Industries (Hong Kong) Limited, 
(collectively, ``Guang Ya Group''), one of the entities comprising the 
sole active mandatory respondent in this investigation, requested an 
extension of the final determination and extension of the provisional 
measures.\3\ Thus, because the Preliminary Determination is 
affirmative, the respondent requesting extension of the final 
determination and extension of the provisional measures accounts for 
significant proportion of exports of the subject merchandise, and no 
compelling reasons for denial exist, we are extending the due date for 
the final determination in this investigation to no later than 135 days 
after the date of the publication of the preliminary determination.
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    \3\ See Aluminum Extrusions from the PRC: Request by Guang Ya 
Group for an Extension of the Final Determination (November 1, 
2010). See also Preliminary Determination, finding that Guang Ya 
Group, Zhaoqing New Zhongya Aluminum Co., Ltd., Zhongya Shaped 
Aluminium (HK) Holding Limited and Karlton Aluminum Company Ltd., 
and Xinya Aluminum & Stainless Steel Product Co., Ltd. should be 
considered a single entity for purposes of this investigation.
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    For the reasons identified above, we are postponing the final 
determination until March 28, 2011.\4\
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    \4\ March 27, 2011, is 135 days after the date of the 
publication of the preliminary determination. However, because March 
27, 2011, is a Sunday, we will postpone the due date to the next 
business day, Monday, March 28, 2011.
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    This notice is issued and published pursuant to sections 777(i) and 
735(a)(2) of the Act and 19 CFR 351.210(g).

    Dated: November 15, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-29874 Filed 11-26-10; 8:45 am]
BILLING CODE 3510-DS-P