Pure Magnesium From the People's Republic of China: Extension of Time Limit for the Preliminary Results of the Antidumping Duty Administrative Review, 1403-1404 [2011-273]

Download as PDF srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 76, No. 6 / Monday, January 10, 2011 / Notices Apparel, U.S. Department of Commerce, (202) 482–2573. SUPPLEMENTARY INFORMATION: Background: Title V of the Trade and Development Act of 2000 as amended by the Trade Act of 2002, the Miscellaneous Trade Act of 2004 and the Pension Protection Act of 2006, and the Emergency Economic Stabilization Act of 2008 creates two tariff rate quotas, providing for temporary reductions in the import duties on two categories of worsted wool fabrics suitable for use in making suits, suittype jackets, or trousers. For worsted wool fabric with average fiber diameters greater than 18.5 microns (Harmonized Tariff Schedule of the United States (HTSUS) heading 9902.51.11), the reduction in duty is limited to 5,500,000 square meters in 2011. For worsted wool fabric with average fiber diameters of 18.5 microns or less (HTSUS heading 9902.51.15), the reduction is limited to 5,000,000 square meters in 2011. The Miscellaneous Trade Act of 2004 requires the President to ensure that such fabrics are fairly allocated to persons (including firms, corporations, or other legal entities) who cut and sew men’s and boys’ worsted wool suits and suit-like jackets and trousers in the United States and who apply for an allocation based on the amount of such suits cut and sewn during the prior calendar year. Presidential Proclamation 7383, of December 1, 2000, authorized the Secretary of Commerce to allocate the quantity of worsted wool fabric imports under the tariff rate quotas. The Miscellaneous Trade Act also authorized Commerce to allocate a new HTS category, HTS 9902.51.16. This HTS refers to worsted wool fabric with average fiber diameter of 18.5 microns or less. The amendment further provides that HTS 9902.51.16 is for the benefit of persons (including firms, corporations, or other legal entities) who weave worsted wool fabric in the United States. For HTS 9902.51.16, the reduction in duty is limited to 2,000,000 square meters in 2011. On January 22, 2001 the Department published interim regulations establishing procedures for applying for, and determining, such allocations (66 FR 6459, 15 CFR 335). These interim regulations were adopted, without change, as a final rule published on October 24, 2005 (70 FR 61363). On September 8, 2010, the Department published a notice in the Federal Register (75 FR 54598–9) soliciting applications for an allocation of the 2011 tariff rate quotas with a closing date of October 8, 2010. The Department received timely applications for the HTS VerDate Mar<15>2010 18:19 Jan 07, 2011 Jkt 223001 9902.51.11 tariff rate quota from 8 firms. The Department received timely applications for the HTS 9902.51.15 tariff rate quota from 12 firms. The Department received timely applications for the HTS 9902.51.16 tariff rate quota from 1 firm. All applicants were determined eligible for an allocation. Most applicants submitted data on a business confidential basis. As allocations to firms were determined on the basis of this data, the Department considers individual firm allocations to be business confidential. Firms That Received Allocations: HTS 9902.51.11, fabrics, of worsted wool, with average fiber diameter greater than 18.5 micron, certified by the importer as suitable for use in making suits, suittype jackets, or trousers (provided for in subheading 5112.11.60 and 5112.19.95). Amount allocated: 5,500,000 square meters. Companies Receiving Allocation Adrian Jules LTD—Rochester, NY, HMX, LLC— New York, NY, Hugo Boss Cleveland, Inc.—Brooklyn, OH, JA Apparel Corp.—New York, NY, John H. Daniel Co.—Knoxville, TN, Saint Laurie Ltd—New York, NY, Warren Sewell Clothing Company, Inc.—Bremen, GA, The Tom James Co.—Franklin, TN. HTS 9902.51.15, fabrics, of worsted wool, with average fiber diameter of 18.5 micron or less, certified by the importer as suitable for use in making suits, suit-type jackets, or trousers (provided for in subheading 5112.11.30 and 5112.19.60). Amount allocated: 5,000,000 square meters. Companies Receiving Allocation Adrian Jules LTD—Rochester, NY, Elevee Custom Clothing—Van Nuys, CA, Retail Brand Alliance, Inc. d/b/a Brooks Brothers—New York, NY, HMX, LLC—New York, NY, Hugo Boss Cleveland, Inc.—Brooklyn, OH, JA Apparel Corp.—New York, NY, John H. Daniel Co.—Knoxville, TN, Martin Greenfield—Brooklyn, NY, Saint Laurie Ltd—New York, NY, Warren Sewell Clothing Company, Inc.—Bremen, GA, Southwick Clothing L.L.C.—Lawrence, MA, The Tom James Co.—Franklin, TN. HTS 9902.51.16, fabrics, of worsted wool, with average fiber diameter of 18.5 micron or less, certified by the importer as suitable for use in making men’s and boys’ suits (provided for in PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 1403 subheading 5112.11.30 and 5112.19.60). Amount allocated: 2,000,000 square meters. Companies Receiving Allocation Warren Corporation—Stafford Springs, CT. Dated: January 4, 2011. Janet E. Heinzen, Acting Deputy Assistant Secretary for Textiles and Apparel. [FR Doc. 2011–272 Filed 1–7–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–832] Pure Magnesium From the People’s Republic of China: Extension of Time Limit for the Preliminary Results of the Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: January 10, 2011. FOR FURTHER INFORMATION CONTACT: Eve Wang, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–6231. AGENCY: SUPPLEMENTARY INFORMATION Background On May 3, 2010, the Department of Commerce (‘‘the Department’’) published in the Federal Register a notice for opportunity to request an administrative review of the antidumping duty order on pure magnesium from the People’s Republic of China (‘‘PRC’’). See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 75 FR 23236 (May 3, 2010). Respondent, Tianjin Magnesium International Co., Ltd. (‘‘TMI’’), requested a review on May 26, 2010. Petitioner, US Magnesium LLC (‘‘US Magnesium’’), requested a review of TMI on June 1, 2010. The Department published in the Federal Register a notice of initiation of an administrative review of TMI for the period May 1, 2009, through April 30, 2010. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation In Part, 75 FR 37759 (June 30, 2010). Currently, the preliminary results of E:\FR\FM\10JAN1.SGM 10JAN1 1404 Federal Register / Vol. 76, No. 6 / Monday, January 10, 2011 / Notices review are due no later than January 30, 2011.1 Extension of Time Limit of Preliminary Results Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department shall make a preliminary determination in an administrative review of an antidumping duty order within 245 days after the last day of the anniversary month of the date of publication of the order. The Act further provides, however, that the Department may extend that 245-day period to 365 days if it determines it is not practicable to complete the review within the foregoing time period. We determine that completion of the preliminary results of this review within the 245-day period is not practicable because the Department requires additional time to analyze information pertaining to the respondent’s sales practices, factors of production, to review responses to questionnaires, and to issues supplemental questionnaires. Therefore, we require additional time to complete these preliminary results. As a result, in accordance with section 751(a)(3)(A) of the Act, the Department is extending the time period for completion of the preliminary results of this review by 120 days until May 31, 2011. This notice is published in accordance with sections 751(a)(3)(A) and 777(i) of the Act. antidumping duty order 1 on pure magnesium in granular form from the People’s Republic of China (‘‘PRC’’) to determine whether China Minmetals Non-ferrous Metals Co., Ltd. (‘‘CMN’’) is the successor-in-interest to Minmetals Precious and Rare Minerals Import and Export/China National Nonferrous Metals Industry Trading Group Corp. (‘‘Minmetals/CNNMIT’’).2 On September 21, 2010, CMN withdrew its request for a changed circumstances review. The Department is now rescinding this CCR. DATES: Effective Date: January 10, 2011. Eve Wang, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, DC 20230; telephone: 202–482–6231. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Background AGENCY: On November 19, 2001, the Department published in the Federal Register an antidumping duty order on pure magnesium in granular form from the PRC.3 On June 28, 2010, CMN requested that the Department conduct an expedited CCR of the antidumping duty order on pure magnesium in granular form from the PRC to determine whether CMN is the successor-in-interest to Minmetals/ CNNMIT. On August 18, 2010, the Department initiated a CCR but did not expedite the review, as requested by CMN, because CMN did not provide complete supporting documentation or conclusive evidence for the Department to evaluate the relevant factors.4 On August 23, 2010, we requested further information and documentation from CMN to substantiate its claims to be the successor-in-interest to Minmetals/CNNMIT. On September 1, 2010, CMN requested an extension of time to submit CMN’s response. On September 2, 2010, the Department granted CMN’s request. On September 21, 2010, 34 days after the publication of the initiation of the CCR, CMN withdrew its request for the CCR. No other party has commented on this review or the withdrawal request. 1 Because January 30, 2011, falls on a Sunday, a non-business day, the current deadline for the preliminary results will be due no later than January 31, 2011, the next business day. 1 See Antidumping Duty Order: Pure Magnesium in Granular Form From the People’s Republic of China, 66 FR 57936 (November 19, 2001) (‘‘Pure Magnesium in Granular Form Order’’). 2 See Pure Magnesium In Granular Form from the People’s Republic of China: Initiation of Changed Circumstances Review, 75 FR 51002, (August 18, 2010) (‘‘Initiation of CCR’’). 3 See Pure Magnesium in Granular Form Order, 66 FR 57936. 4 See Initiation of CCR, 75 FR at 51003. Dated: January 4, 2011. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2011–273 Filed 1–7–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–864] srobinson on DSKHWCL6B1PROD with NOTICES Pure Magnesium in Granular Form From the People’s Republic of China: Rescission of Changed Circumstances Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 18, 2010, the Department of Commerce (‘‘Department’’) initiated a changed circumstances review (‘‘CCR’’) of the VerDate Mar<15>2010 18:19 Jan 07, 2011 Jkt 223001 PO 00000 Frm 00005 Fmt 4703 Sfmt 9990 Rescission of Changed Circumstances Review The Department’s regulations do not address withdrawal of requests for CCRs. Under 19 CFR 351.213(d), however, the Department will rescind an administrative review in whole ‘‘if a party that requested a review withdraws the request within 90 days of the date of the publication of notice of initiation of the requested review.’’ Notwithstanding that this provision pertains to administrative reviews under section 751(a) of the Tariff Act of 1930, as amended (‘‘the Act’’), the provision provides useful guidance for purposes of determining an appropriate time frame for requesters to withdraw their requests for changed circumstance reviews.5 Thus, we find that CMN’s withdrawal of its request for the CCR is timely. Further, we have not expended significant resources in conducting this review, and no party has objected to the request for rescission. Therefore, we are rescinding the CCR requested by CMN. U.S. Customs and Border Protection will continue to suspend entries of subject merchandise at the appropriate cash deposit rate for all entries of pure magnesium in granular form from the PRC. This notice also serves as a reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the disposition of proprietary information disclosed under the 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 regulations and the terms of an APO is a sanctionable violation. This notice is issued and published in accordance with sections 751(b) and 777(i)(1) of the Act. Dated: January 4, 2011. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2011–276 Filed 1–7–11; 8:45 am] BILLING CODE 3510–DS–P 5 See, e.g., Certain Frozen Warmwater Shrimp From India: Notice of Rescission of Antidumping Duty Changed Circumstances Review, 75 FR 51756 (August 23, 2010). E:\FR\FM\10JAN1.SGM 10JAN1

Agencies

[Federal Register Volume 76, Number 6 (Monday, January 10, 2011)]
[Notices]
[Pages 1403-1404]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-273]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-832]


Pure Magnesium From the People's Republic of China: Extension of 
Time Limit for the Preliminary Results of the Antidumping Duty 
Administrative Review

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

DATES: Effective Date: January 10, 2011.

FOR FURTHER INFORMATION CONTACT: Eve Wang, AD/CVD Operations, Office 8, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-6231.

SUPPLEMENTARY INFORMATION

Background

    On May 3, 2010, the Department of Commerce (``the Department'') 
published in the Federal Register a notice for opportunity to request 
an administrative review of the antidumping duty order on pure 
magnesium from the People's Republic of China (``PRC''). See 
Antidumping or Countervailing Duty Order, Finding, or Suspended 
Investigation; Opportunity To Request Administrative Review, 75 FR 
23236 (May 3, 2010). Respondent, Tianjin Magnesium International Co., 
Ltd. (``TMI''), requested a review on May 26, 2010. Petitioner, US 
Magnesium LLC (``US Magnesium''), requested a review of TMI on June 1, 
2010. The Department published in the Federal Register a notice of 
initiation of an administrative review of TMI for the period May 1, 
2009, through April 30, 2010. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Requests for Revocation 
In Part, 75 FR 37759 (June 30, 2010). Currently, the preliminary 
results of

[[Page 1404]]

review are due no later than January 30, 2011.\1\
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    \1\ Because January 30, 2011, falls on a Sunday, a non-business 
day, the current deadline for the preliminary results will be due no 
later than January 31, 2011, the next business day.
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Extension of Time Limit of Preliminary Results

    Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as 
amended (``the Act''), the Department shall make a preliminary 
determination in an administrative review of an antidumping duty order 
within 245 days after the last day of the anniversary month of the date 
of publication of the order. The Act further provides, however, that 
the Department may extend that 245-day period to 365 days if it 
determines it is not practicable to complete the review within the 
foregoing time period.
    We determine that completion of the preliminary results of this 
review within the 245-day period is not practicable because the 
Department requires additional time to analyze information pertaining 
to the respondent's sales practices, factors of production, to review 
responses to questionnaires, and to issues supplemental questionnaires. 
Therefore, we require additional time to complete these preliminary 
results. As a result, in accordance with section 751(a)(3)(A) of the 
Act, the Department is extending the time period for completion of the 
preliminary results of this review by 120 days until May 31, 2011.
    This notice is published in accordance with sections 751(a)(3)(A) 
and 777(i) of the Act.

    Dated: January 4, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2011-273 Filed 1-7-11; 8:45 am]
BILLING CODE 3510-DS-P