Quarterly Update to Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to an In-Quota Rate of Duty, 2346-2347 [2011-617]

Download as PDF 2346 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Notices intend to seek clarifying information from Tata after our preliminary results with respect to its exports. Disclosure The Department will disclose these preliminary results to the parties within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). srobinson on DSKHWCL6B1PROD with NOTICES Comments Interested parties are invited to comment on the preliminary results and may submit case briefs and/or written comments within 30 days of the date of publication of this notice. See 19 CFR 351.309(c)(1)(ii). Rebuttal briefs, limited to issues raised in the case briefs, will be due five days later, pursuant to 19 CFR 351.309(d). Parties who submit case or rebuttal briefs in this proceeding are requested to submit with each argument (1) a statement of the issue, and (2) a brief summary of the argument. Parties are requested to provide a summary of the arguments not to exceed five pages and a table of statutes, regulations, and cases cited. See 19 CFR 351.309(c)(2). Additionally, parties are requested to provide their case brief and rebuttal briefs in electronic format (e.g., Microsoft Word, pdf, etc.). Interested parties, who wish to request a hearing or to participate if one is requested, must submit a written request to the Assistant Secretary for Import Administration within 30 days of the date of publication of this notice. Requests should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. See 19 CFR 351.310(c). Issues raised in the hearing will be limited to those raised in case and rebuttal briefs. The Department will issue the final results of this review, including the results of its analysis of issues raised in any such written briefs or at the hearing, if held, not later than 120 days after the date of publication of this notice. Assessment Rate The Department intends to issue appropriate assessment instructions directly to CBP 15 days after the publication of the final results of this review. Since the implementation of the 1997 regulations, our practice concerning noshipment respondents has been to rescind the administrative review if the respondent certifies that it had no shipments and we have confirmed through our examination of CBP data that there were no shipments of subject merchandise during the POR. See Antidumping Duties; Countervailing VerDate Mar<15>2010 16:15 Jan 12, 2011 Jkt 223001 Duties, 62 FR 27296, 27393 (May 19, 1997). As a result, in such circumstances, we normally instruct CBP to liquidate any entries from the no-shipment company at the deposit rate in effect on the date of entry. In our May 6, 2003, ‘‘automatic assessment’’ clarification, we explained that, where respondents in an administrative review demonstrate that they had no knowledge of sales through resellers to the United States, we would instruct CBP to liquidate such entries at the all-others rate applicable to the proceeding. See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice). Because ‘‘as entered’’ liquidation instructions do not alleviate the concerns which the May 2003 clarification was intended to address, we find it appropriate in this case to instruct CBP to liquidate any existing entries of merchandise produced by Essar, Ispat, JSW, or Tata and exported by other parties at the all-others rate, should we continue to find that Essar, Ispat, and JSW had no shipments of subject merchandise to the United States, and Tata had no reviewable transactions, during the POR, in our final results. See, e.g., Magnesium Metal From the Russian Federation: Final Results of Antidumping Duty Administrative Review, 75 FR 56989 (September 17, 2010). In addition, the Department finds that it is more consistent with the May 2003 clarification not to rescind the review in part in these circumstances but, rather, to complete the review with respect to Essar, Ispat, JSW, and Tata and issue appropriate instructions to CBP based on the final results of the review. Cash Deposit Requirements The following deposit rates will be effective upon publication of the final results of this administrative review for all shipments of hot-rolled carbon steel flat products from India entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) For Essar, Ispat, JSW, and Tata, and for previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published for the most recent final results in which that manufacturer or exporter participated; (2) if the exporter is not a firm covered in these reviews, a prior review, or the original less-than-fairvalue (‘‘LTFV’’) investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 recent final results for the manufacturer of the merchandise; and (3) if neither the exporter nor the manufacturer is a firm covered in this or any previous review or the LTFV conducted by the Department, the cash deposit rate will be 23.87 percent, the all-others rate established in the LTFV. See Amended Final Determination. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping and countervailing 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 and countervailing duties occurred and the subsequent assessment of double antidumping and countervailing duties. These preliminary results of review are issued and published in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(4). Dated: January 7, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–619 Filed 1–12–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Quarterly Update to Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to an InQuota Rate of Duty Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: January 13, 2011. FOR FURTHER INFORMATION CONTACT: Gayle Longest, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave., NW., Washington, DC 20230, telephone: (202) 482–3338. SUPPLEMENTARY INFORMATION: Section 702 of the Trade Agreements Act of 1979 (as amended) (‘‘the Act’’) requires the Department of Commerce (‘‘the Department’’) to determine, in consultation with the Secretary of Agriculture, whether any foreign government is providing a subsidy with AGENCY: E:\FR\FM\13JAN1.SGM 13JAN1 2347 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Notices respect to any article of cheese subject to an in-quota rate of duty, as defined in section 702(h) of the Act, and to publish an annual list and quarterly updates to the type and amount of those subsidies. We hereby provide the Department’s quarterly update of subsidies on articles of cheese that were imported during the period July 1, 2010, through September 30, 2010. The Department has developed, in consultation with the Secretary of Agriculture, information on subsidies (as defined in section 702(h) of the Act) being provided either directly or indirectly by foreign governments on articles of cheese subject to an in-quota rate of duty. The appendix to this notice lists the country, the subsidy program or programs, and the gross and net amounts of each subsidy for which information is currently available. The Department will incorporate additional programs which are found to constitute subsidies, and additional information on the subsidy programs listed, as the information is developed. The Department encourages any person having information on foreign government subsidy programs which benefit articles of cheese subject to an in-quota rate of duty to submit such information in writing to the Assistant Secretary for Import Administration, U.S. Department of Commerce, 14th Street and Constitution Ave., NW., Washington, DC 20230. This determination and notice are in accordance with section 702(a) of the Act and 19 CFR 351.601. Dated: January 7, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. APPENDIX—SUBSIDY PROGRAMS ON CHEESE SUBJECT TO AN INQUOTA RATE OF DUTY Gross 1 Subsidy ($/lb) Net 2 Subsidy ($/lb) Country Program(s) 27 European Union Member States 3 ..................... European Union Restitution ................................... Payments ............................................................... Export Assistance on ............................................. Certain Types of Cheese ....................................... Indirect (Milk) Subsidy ............................................ Consumer Subsidy ................................................. $0.00 $0.00 0.34 0.34 0.00 0.00 0.00 0.00 Total ....................................................................... Deficiency Payments .............................................. 0.00 0.00 0.00 0.00 Canada ................................................................... Norway .................................................................... Switzerland ............................................................. 1 Defined in 19 U.S.C. 1677(5). in 19 U.S.C. 1677(6). 3 The 27 member states of the European Union are: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom. 2 Defined [FR Doc. 2011–617 Filed 1–12–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Availability of Seats for the Stellwagen Bank National Marine Sanctuary Advisory Council Office of National Marine Sanctuaries (ONMS), National Ocean Service (NOS), National Oceanic and Atmospheric Administration, Department of Commerce (DOC). ACTION: Notice and request for applications. AGENCY: The ONMS is seeking applicants for the following seats on the Stellwagen Bank National Marine Sanctuary Advisory Council: (1) AtLarge Alternate seat and (1) Maritime Heritage Member and (1) Maritime Heritage Alternate seat. Applicants are chosen based upon their particular expertise and experience in relation to the seat for which they are applying; community and professional affiliations; philosophy regarding the protection and management of marine resources; and possibly the length of residence in the srobinson on DSKHWCL6B1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:15 Jan 12, 2011 Jkt 223001 area affected by the sanctuary. Applicants who are chosen as members should expect to serve two and three year terms, pursuant to the Council’s Charter. The Council consists also of three state and three federal non-voting ex-officio seats. DATES: Applications are due by 28 February 2011. ADDRESSES: Application kits may be obtained from Elizabeth.Stokes@noaa.gov, Stellwagen Bank National Marine Sanctuary, 175 Edward Foster Road, Scituate, MA 02066. Telephone 781–545–8026, ext. 201. Completed applications should be sent to the same address or email, or faxed to 781–545–8036. FOR FURTHER INFORMATION CONTACT: Contact Nathalie.Ward@noaa.gov, External Affairs Coordinator, telephone: 781–545–8026, ext. 206. SUPPLEMENTARY INFORMATION: The Council was established in March 2001 to assure continued public participation in the management of the Sanctuary. The Council’s 23 members represent a variety of local user groups, as well as the general public, plus seven local, state and federal government agencies. Since its establishment, the Council has played a vital role in advising NOAA on critical issues and is currently focused PO 00000 Frm 00020 Fmt 4703 Sfmt 9990 on the sanctuary’s final five-year Management Plan. The Stellwagen Bank National Marine Sanctuary encompasses 842 square miles of ocean, stretching between Cape Ann and Cape Cod. Renowned for its scenic beauty and remarkable productivity, the sanctuary supports a rich diversity of marine life including 22 species of marine mammals, more than 30 species of seabirds, over 60 species of fishes, and hundreds of marine invertebrates and plants. Authority: 16 U.S.C. Sections 1431, et seq. (Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary Program) Dated: December 28, 2010. Daniel J. Basta, Director, Office of National Marine Sanctuaries, National Ocean Service, National Oceanic and Atmospheric Administration. [FR Doc. 2011–517 Filed 1–12–11; 8:45 am] BILLING CODE 3510–NK–M E:\FR\FM\13JAN1.SGM 13JAN1

Agencies

[Federal Register Volume 76, Number 9 (Thursday, January 13, 2011)]
[Notices]
[Pages 2346-2347]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-617]

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DEPARTMENT OF COMMERCE

International Trade Administration

Quarterly Update to Annual Listing of Foreign Government
Subsidies on Articles of Cheese Subject to an In-Quota Rate of Duty

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

DATES: Effective Date: January 13, 2011.

FOR FURTHER INFORMATION CONTACT: Gayle Longest, AD/CVD Operations,
Office 3, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Ave., NW.,
Washington, DC 20230, telephone: (202) 482-3338.

SUPPLEMENTARY INFORMATION: Section 702 of the Trade Agreements Act of
1979 (as amended) (``the Act'') requires the Department of Commerce
(``the Department'') to determine, in consultation with the Secretary
of Agriculture, whether any foreign government is providing a subsidy
with

[[Page 2347]]

respect to any article of cheese subject to an in-quota rate of duty,
as defined in section 702(h) of the Act, and to publish an annual list
and quarterly updates to the type and amount of those subsidies. We
hereby provide the Department's quarterly update of subsidies on
articles of cheese that were imported during the period July 1, 2010,
through September 30, 2010.
The Department has developed, in consultation with the Secretary of
Agriculture, information on subsidies (as defined in section 702(h) of
the Act) being provided either directly or indirectly by foreign
governments on articles of cheese subject to an in-quota rate of duty.
The appendix to this notice lists the country, the subsidy program or
programs, and the gross and net amounts of each subsidy for which
information is currently available. The Department will incorporate
additional programs which are found to constitute subsidies, and
additional information on the subsidy programs listed, as the
information is developed.
The Department encourages any person having information on foreign
government subsidy programs which benefit articles of cheese subject to
an in-quota rate of duty to submit such information in writing to the
Assistant Secretary for Import Administration, U.S. Department of
Commerce, 14th Street and Constitution Ave., NW., Washington, DC 20230.
This determination and notice are in accordance with section 702(a)
of the Act and 19 CFR 351.601.

Dated: January 7, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

APPENDIX--SUBSIDY PROGRAMS ON CHEESE SUBJECT TO AN IN-QUOTA RATE OF
DUTY

----------------------------------------------------------------------------------------------------------------
Gross \1\ Subsidy Net \2\ Subsidy
Country Program(s) ($/lb) ($/lb)
----------------------------------------------------------------------------------------------------------------
27 European Union Member States \3\........ European Union Restitution... $0.00 $0.00
Payments.....................
Canada..................................... Export Assistance on......... 0.34 0.34
Certain Types of Cheese......
Norway..................................... Indirect (Milk) Subsidy...... 0.00 0.00
Consumer Subsidy............. 0.00 0.00
��������������������������������������������
Total........................ 0.00 0.00
Switzerland................................ Deficiency Payments.......... 0.00 0.00
----------------------------------------------------------------------------------------------------------------
\1\ Defined in 19 U.S.C. 1677(5).
\2\ Defined in 19 U.S.C. 1677(6).
\3\ The 27 member states of the European Union are: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark,
Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta,
Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom.

[FR Doc. 2011-617 Filed 1-12-11; 8:45 am]
BILLING CODE 3510-DS-P

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