Certain Non-Frozen Apple Juice Concentrate From the Peoples' Republic of China: Rescission of Antidumping Duty Administrative Review, 81969-81970 [2010-32865]

Download as PDF Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Notices On October 27, 2010, Petitioner filed a letter withdrawing its request for review of the 18 exporters for which the Department initiated this review. Period of Review The period of review (‘‘POR’’) is July 1, 2009, through June 30, 2010. srobinson on DSKHWCL6B1PROD with NOTICES Scope of the Order The merchandise subject to the order is certain welded carbon quality steel pipes and tubes, of circular crosssection, and with an outside diameter of 0.372 inches (9.45 mm) or more, but not more than 16 inches (406.4 mm), whether or not stenciled, regardless of wall thickness, surface finish (e.g., black, galvanized, or painted), end finish (e.g., plain end, beveled end, grooved, threaded, or threaded and coupled), or industry specification (e.g., ASTM, proprietary, or other), generally known as standard pipe and structural pipe (they may also be referred to as circular, structural, or mechanical tubing). Specifically, the term ‘‘carbon quality’’ includes products in which (a) iron predominates, by weight, over each of the other contained elements; (b) the carbon content is 2 percent or less, by weight; and (c) none of the elements listed below exceeds the quantity, by weight, as indicated: (i) 1.80 percent of manganese; (ii) 2.25 percent of silicon; (iii) 1.00 percent of copper; (iv) 0.50 percent of aluminum; (v) 1.25 percent of chromium; (vi) 0.30 percent of cobalt; (vii) 0.40 percent of lead; (viii) 1.25 percent of nickel; (ix) 0.30 percent of tungsten; (x) 0.15 percent of molybdenum; (xi) 0.10 percent of niobium; (xii) 0.41 percent of titanium; (xiii) 0.15 percent of vanadium; or (xiv) 0.15 percent of zirconium. Standard pipe is made primarily to American Society for Testing and Materials (‘‘ASTM’’) specifications, but can be made to other specifications. Standard pipe is made primarily to ASTM specifications A–53, A–135, and A–795. Structural pipe is made primarily to ASTM specifications A–252 and A–500. Standard and structural pipe may also be produced to proprietary specifications rather than to industry specifications. This is often the case, for example, with fence tubing. Pipe multiple-stenciled to a standard and/or structural specification and to any other specification, such as the American Petroleum Institute (‘‘API’’) API–5L specification, is also covered by the scope of the order when it meets the physical description set forth above and VerDate Mar<15>2010 02:10 Dec 29, 2010 Jkt 223001 also has one or more of the following characteristics: is 32 feet in length or less; is less than 2.0 inches (50 mm) in outside diameter; has a galvanized and/ or painted surface finish; or has a threaded and/or coupled end finish. (The term ‘‘painted’’ does not include coatings to inhibit rust in transit, such as varnish, but includes coatings such as polyester.) The scope of the order does not include: (a) Pipe suitable for use in boilers, superheaters, heat exchangers, condensers, refining furnaces and feedwater heaters, whether or not cold drawn; (b) mechanical tubing, whether or not cold-drawn; (c) finished electrical conduit; (d) finished scaffolding; (e) tube and pipe hollows for redrawing; (f) oil country tubular goods produced to API specifications; and (g) line pipe produced to only API specifications. The pipe products that are the subject of the order are currently classifiable in the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) statistical reporting numbers 7306.30.10.00, 7306.30.50.25, 7306.30.50.32, 7306.30.50.40, 7306.30.50.55, 7306.30.50.85, 7306.30.50.90, 7306.50.10.00, 7306.50.50.50, 7306.50.50.70, 7306.19.10.10, 7306.19.10.50, 7306.19.51.10, and 7306.19.51.50. However, the product description, and not HTSUS classification, is dispositive of whether merchandise imported into the United States falls within the scope of the order. Rescission of Antidumping Duty Administrative Review Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review under this section, in whole or in part, if a party that requested a review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review. Because Petitioner withdrew its review request for all 18 exporters within the 90-day deadline, and no other party requested an administrative review of the antidumping order on CWP from the PRC, in accordance with 19 CFR 351.213(d)(1) the Department is rescinding this administrative review in full. Assessment Instructions The Department will instruct CBP to assess antidumping duties on all appropriate entries. For exporters for which this review is rescinded, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 81969 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. Notification to Importers 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 occurred and the subsequent assessment of doubled antidumping duties. Notification Regarding Administrative Protective Orders This notice serves as a reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 terms of an APO is a sanctionable violation. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: December 22, 2010. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2010–32862 Filed 12–28–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–855] Certain Non-Frozen Apple Juice Concentrate From the Peoples’ Republic of China: Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce DATES: Effective Date: December 29, 2010. SUMMARY: The Department of Commerce (‘‘Department’’) is rescinding the administrative review of non-frozen apple juice concentrate from the AGENCY: E:\FR\FM\29DEN1.SGM 29DEN1 81970 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Notices People’s Republic of China (‘‘PRC’’) for the period of review (‘‘POR’’) June 1, 2009, through May 31, 2010. This rescission is based on the timely withdrawal of request for review by the two interested parties that requested the review, Sanmenxia Luck Fruit Co., Ltd. (‘‘SLFI’’) and Qin’an Great Wall Fruit Juice and Beverage Co., Ltd. (‘‘Qin’an’’). Tim Lord, Office 9, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–7425. FOR FURTHER INFORMATION CONTACT: Background srobinson on DSKHWCL6B1PROD with NOTICES On June 1, 2010, the Department published in the Federal Register a notice of opportunity to request an administrative review on the antidumping order on non-frozen apple juice concentrate from the PRC 1 for the POR June 1, 2009, through May 31, 2010. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 75 FR 30383, 30384 (June 1, 2010). Based upon requests for review from various parties, on July 28, 2010, the Department initiated an antidumping duty administrative review on nonfrozen apple juice concentrate from the PRC, covering two companies. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocations in Part, 75 FR 44224, 44226 (July 28, 2010). Due to the probable revocation of the Order, SLFI and Qin’an withdrew their requests for review on November 8 and November 9, 2010, respectively.2 The Order was revoked on November 15, 2010. See Non-Frozen Apple Juice Concentrate From the People’s Republic of China: Final Results of Sunset Review and Revocation of Order, 75 FR 69628 (November 15, 2010). Due to timely withdrawals of all requests for review, we are rescinding this administrative review with respect to all companies. 1 See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Non-Frozen Apple Juice Concentrate From the People’s Republic of China, 65 FR 35606 (June 5, 2000) (‘‘Order’’). 2 See Certain Non-Frozen Apple Juice Concentrate from the PRC—Withdrawal of SLFI Antidumping Duty Administrative Review Request, dated November 8, 2010; see also Qin’an Great Wall Fruit Juice & Beverage Co., Ltd. Withdrawal of Administrative Review Request: 2009–2010 Administrative Review of the Antidumping Duty Order on Non-Frozen Apple Juice Concentrate from the People’s Republic of China, dated November 9, 2010. VerDate Mar<15>2010 02:10 Dec 29, 2010 Jkt 223001 Rescission of Review The applicable regulation, 19 CFR 351.213(d)(1), states that if a party that requested an administrative review withdraws the request within 90 days of the publication of the notice of initiation of the requested review, the Secretary will rescind the review. The regulation further states that the Secretary may extend the deadline if it is reasonable to do so. On October 21, 2010, the Department extended the deadline for withdrawal of administrative review requests by 20 days for both respondents due to the pending revocation of the Order. 3 The two respondents in the administrative review, SLFI and Qin’an, withdrew their requests for a review before the deadline. Therefore, the Department is rescinding this review of the Order on non-frozen apple juice concentrate from the PRC covering the period June 1, 2009, through May 31, 2010. Assessment The Department intends to issue assessment instructions to U.S. Customs and Border Protection (‘‘CBP’’) 15 days after publication of this rescission notice. The Department will instruct CBP to assess antidumping duties 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). Notification to Parties This notice also serves as a reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the return or destruction 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/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This notice is issued and published in accordance with section 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). 3 See Administrative Review of Certain NonFrozen Apple Juice Concentrate From the People’s Republic of China (‘‘PRC’’): Extension of Deadline to Withdraw Review Request, dated October 21, 2010. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 Dated: December 22, 2010. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2010–32865 Filed 12–28–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XA113 Marine Mammals; File No. 14245; Permit To Conduct Research on Marine Mammals; Receipt of Application National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application. AGENCY: Notice is hereby given that National Marine Fisheries Service, National Marine Mammal Laboratory (NMML), Alaska Fisheries Science Center (Dr. John Bengtson, Responsible Party), 7600 Sand Point Way, NE., Seattle, Washington 98115–6349, has applied in due form for a permit to conduct research on narwhals, Monodon monoceros. DATES: Written, telefaxed, or e-mail comments must be received on or before January 28, 2011. ADDRESSES: These documents are available upon written request or by appointment in the following offices: Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 713–2289; fax (301) 713–0376; and Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802–1668; phone (907) 586–7221; fax (907) 586–7249. Written comments on this application should be submitted to the Chief, Permits, Conservation and Education Division at the address listed above. Comments may also be submitted by facsimile to (301) 713–0376, or by email to NMFS.Pr1Comments@noaa.gov. Please include the File No. in the subject line of the e-mail comment. Those individuals requesting a public hearing should submit a written request to the Chief, Permits, Conservation and Education Division at the address listed above. The request should set forth the specific reasons why a hearing on this application would be appropriate. FOR FURTHER INFORMATION CONTACT: Amy Hapeman or Carrie Hubard, (301) 713–2289. SUMMARY: E:\FR\FM\29DEN1.SGM 29DEN1

Agencies

[Federal Register Volume 75, Number 249 (Wednesday, December 29, 2010)]
[Notices]
[Pages 81969-81970]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32865]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-855]


Certain Non-Frozen Apple Juice Concentrate From the Peoples' 
Republic of China: Rescission of Antidumping Duty Administrative Review

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

DATES: Effective Date: December 29, 2010.
SUMMARY: The Department of Commerce (``Department'') is rescinding the 
administrative review of non-frozen apple juice concentrate from the

[[Page 81970]]

People's Republic of China (``PRC'') for the period of review (``POR'') 
June 1, 2009, through May 31, 2010. This rescission is based on the 
timely withdrawal of request for review by the two interested parties 
that requested the review, Sanmenxia Luck Fruit Co., Ltd. (``SLFI'') 
and Qin'an Great Wall Fruit Juice and Beverage Co., Ltd. (``Qin'an'').

FOR FURTHER INFORMATION CONTACT: Tim Lord, Office 9, AD/CVD Operations, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-7425.

Background

    On June 1, 2010, the Department published in the Federal Register a 
notice of opportunity to request an administrative review on the 
antidumping order on non-frozen apple juice concentrate from the PRC 
\1\ for the POR June 1, 2009, through May 31, 2010. See Antidumping or 
Countervailing Duty Order, Finding, or Suspended Investigation; 
Opportunity To Request Administrative Review, 75 FR 30383, 30384 (June 
1, 2010). Based upon requests for review from various parties, on July 
28, 2010, the Department initiated an antidumping duty administrative 
review on non-frozen apple juice concentrate from the PRC, covering two 
companies. See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Requests for Revocations in Part, 75 FR 
44224, 44226 (July 28, 2010). Due to the probable revocation of the 
Order, SLFI and Qin'an withdrew their requests for review on November 8 
and November 9, 2010, respectively.\2\ The Order was revoked on 
November 15, 2010. See Non-Frozen Apple Juice Concentrate From the 
People's Republic of China: Final Results of Sunset Review and 
Revocation of Order, 75 FR 69628 (November 15, 2010). Due to timely 
withdrawals of all requests for review, we are rescinding this 
administrative review with respect to all companies.
---------------------------------------------------------------------------

    \1\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order: Certain Non-Frozen Apple 
Juice Concentrate From the People's Republic of China, 65 FR 35606 
(June 5, 2000) (``Order'').
    \2\ See Certain Non-Frozen Apple Juice Concentrate from the 
PRC--Withdrawal of SLFI Antidumping Duty Administrative Review 
Request, dated November 8, 2010; see also Qin'an Great Wall Fruit 
Juice & Beverage Co., Ltd. Withdrawal of Administrative Review 
Request: 2009-2010 Administrative Review of the Antidumping Duty 
Order on Non-Frozen Apple Juice Concentrate from the People's 
Republic of China, dated November 9, 2010.
---------------------------------------------------------------------------

Rescission of Review

    The applicable regulation, 19 CFR 351.213(d)(1), states that if a 
party that requested an administrative review withdraws the request 
within 90 days of the publication of the notice of initiation of the 
requested review, the Secretary will rescind the review. The regulation 
further states that the Secretary may extend the deadline if it is 
reasonable to do so. On October 21, 2010, the Department extended the 
deadline for withdrawal of administrative review requests by 20 days 
for both respondents due to the pending revocation of the Order. \3\ 
The two respondents in the administrative review, SLFI and Qin'an, 
withdrew their requests for a review before the deadline. Therefore, 
the Department is rescinding this review of the Order on non-frozen 
apple juice concentrate from the PRC covering the period June 1, 2009, 
through May 31, 2010.
---------------------------------------------------------------------------

    \3\ See Administrative Review of Certain Non-Frozen Apple Juice 
Concentrate From the People's Republic of China (``PRC''): Extension 
of Deadline to Withdraw Review Request, dated October 21, 2010.
---------------------------------------------------------------------------

Assessment

    The Department intends to issue assessment instructions to U.S. 
Customs and Border Protection (``CBP'') 15 days after publication of 
this rescission notice. The Department will instruct CBP to assess 
antidumping duties 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).

Notification to Parties

    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction 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/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    This notice is issued and published in accordance with section 
777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 
351.213(d)(4).

    Dated: December 22, 2010.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2010-32865 Filed 12-28-10; 8:45 am]
BILLING CODE 3510-DS-P