Initiation of Five-Year (“Sunset”) Review, 5563-5564 [2011-2197]

Download as PDF Federal Register / Vol. 76, No. 21 / Tuesday, February 1, 2011 / Notices recovery of costs within a reasonable period of time. Therefore, we disregarded these sales and used the remaining sales as the basis for determining normal value in accordance with section 773(b)(1) of the Act. Based on this test, for this final determination we have disregarded below-cost sales by CCPC. Final Determination The final antidumping duty margin is as follows: Manufacturer/Exporter Weightedaverage margin (percent) Chang Chun Petrochemical Co., Ltd. ................................ 3.08 srobinson on DSKHWCL6B1PROD with NOTICES Continuation of Suspension of Liquidation Pursuant to section 735(c)(1)(B) of the Act, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of PVA from Taiwan which were entered, or withdrawn from warehouse, for consumption on or after September 13, 2010, the date of publication of the Preliminary Determination. Effective upon publication of the final determination, we will instruct CBP to require a cash deposit or the posting of a bond equal to the weighted-average margins as follows: (1) The rate for CCPC will be 3.08 percent; (2) if the exporter is not a firm identified in this investigation but the producer is, the rate will be the rate established for the producer of the subject merchandise; (3) the rate for all other producers or exporters will be 3.08 percent, as discussed in the ‘‘All-Others Rate’’ section, below. These suspension-ofliquidation instructions will remain in effect until further notice. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated all-others rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated excluding any zero or de minimis margins and any margins determined entirely under section 776 of the Act. CCPC is the only respondent in this investigation for which the Department has calculated a company-specific rate. Therefore, for purposes of determining the all-others rate and pursuant to section 735(c)(5)(A) of the Act, we are using the weightedaverage dumping margin calculated for CCPC, 3.08 percent. See, e.g., Notice of VerDate Mar<15>2010 15:05 Jan 31, 2011 Jkt 223001 Final Determination of Sales at Less Than Fair Value: Stainless Steel Sheet and Strip in Coils From Italy, 64 FR 30750, 30755 (June 8, 1999), and Coated Free Sheet Paper from Indonesia: Notice of Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 72 FR 30753, 30757 (June 4, 2007) (unchanged in Notice of Final Determination of Sales at Less Than Fair Value: Coated Free Sheet Paper from Indonesia, 72 FR 60636 (October 25, 2007)). Disclosure We will disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). ITC Notification In accordance with section 735(d) of the Act, we have notified the ITC of our final determination. As our final determination is affirmative and in accordance with section 735(b)(2) of the Act, the ITC will determine, within 45 days, whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of the subject merchandise. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding APO 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 APO in accordance with 19 CFR 351.305. Timely notification of the 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 determination is issued and published pursuant to sections 735(d) and 777(i)(1) of the Act. Dated: January 26, 2011. Christian Marsh, Acting Deputy Assistant Secretary for Import Administration. Appendix—Issues in Decision Memorandum 1. Targeted Dumping PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 5563 2. Product Characteristics 3. Date of Sale 4. Cost of Production [FR Doc. 2011–2194 Filed 1–31–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (‘‘Sunset’’) Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In accordance with section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department of Commerce (‘‘the Department’’) is automatically initiating a five-year review (‘‘Sunset Review’’) of the antidumping duty order listed below. The International Trade Commission (‘‘the Commission’’) is publishing concurrently with this notice its notice of Institution of Five-Year Review which covers the same order. AGENCY: DATES: Effective Date: February 1, 2011. The Department official identified in the Initiation of Review section below at AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Ave., NW., Washington, DC 20230. For information from the Commission contact Mary Messer, Office of Investigations, U.S. International Trade Commission at (202) 205–3193. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Background The Department’s procedures for the conduct of Sunset Reviews are set forth in its Procedures for Conducting FiveYear (‘‘Sunset’’) Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516 (March 20, 1998) and 70 FR 62061 (October 28, 2005). Guidance on methodological or analytical issues relevant to the Department’s conduct of Sunset Reviews is set forth in the Department’s Policy Bulletin 98.3— Policies Regarding the Conduct of FiveYear (‘‘Sunset’’) Reviews of Antidumping and Countervailing Duty Orders: Policy Bulletin, 63 FR 18871 (April 16, 1998). Initiation of Review In accordance with 19 CFR 351.218(c), we are initiating the Sunset Review of the following antidumping duty order: E:\FR\FM\01FEN1.SGM 01FEN1 5564 Federal Register / Vol. 76, No. 21 / Tuesday, February 1, 2011 / Notices DOC case No. A–351–840 ......................... ITC case No. 731–TA–1089 srobinson on DSKHWCL6B1PROD with NOTICES Filing Information As a courtesy, we are making information related to Sunset proceedings, including copies of the pertinent statute and Department’s regulations, the Department schedule for Sunset Reviews, a listing of past revocations and continuations, and current service lists, available to the public on the Department’s Internet Web site at the following address: ‘‘https://ia.ita.doc.gov/sunset/.’’ All submissions in these Sunset Reviews must be filed in accordance with the Department’s regulations regarding format, translation, service, and certification of documents. These rules can be found at 19 CFR 351.303. Pursuant to 19 CFR 351.103(d), the Department will maintain and make available a service list for these proceedings. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact the Department in writing within 10 days of the publication of the Notice of Initiation. Because deadlines in Sunset Reviews can be very short, we urge interested parties to apply for access to proprietary information under administrative protective order (‘‘APO’’) immediately following publication in the Federal Register of this notice of initiation by filing a notice of intent to participate. The Department’s regulations on submission of proprietary information and eligibility to receive access to business proprietary information under APO can be found at 19 CFR 351.304– 306. Information Required From Interested Parties Domestic interested parties defined in section 771(9)(C), (D), (E), (F), and (G) of the Act and 19 CFR 351.102(b) wishing to participate in a Sunset Review must respond not later than 15 days after the date of publication in the Federal Register of this notice of initiation by filing a notice of intent to participate. The required contents of the notice of intent to participate are set forth at 19 CFR 351.218(d)(1)(ii). In accordance with the Department’s regulations, if we do not receive a notice of intent to participate from at least one domestic interested party by the 15-day deadline, the Department will automatically revoke the order without further review. See 19 CFR 351.218(d)(1)(iii). VerDate Mar<15>2010 15:05 Jan 31, 2011 Jkt 223001 Country Product Department contact Brazil .................................. Orange Juice ..................... David Goldberger, (202) 482–4136. If we receive an order-specific notice of intent to participate from a domestic interested party, the Department’s regulations provide that all parties wishing to participate in the Sunset Review must file complete substantive responses not later than 30 days after the date of publication in the Federal Register of this notice of initiation. The required contents of a substantive response, on an order-specific basis, are set forth at 19 CFR 351.218(d)(3). Note that certain information requirements differ for respondent and domestic parties. Also, note that the Department’s information requirements are distinct from the Commission’s information requirements. Please consult the Department’s regulations for information regarding the Department’s conduct of Sunset Reviews.1 Please consult the Department’s regulations at 19 CFR part 351 for definitions of terms and for other general information concerning antidumping and countervailing duty proceedings at the Department. This notice of initiation is being published in accordance with section 751(c) of the Act and 19 CFR 351.218 (c). Dated: January 25, 2011. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2011–2197 Filed 1–31–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Patent and Trademark Office [Docket No. PTO–P–2011–0001] Grant of Interim Extension of the Term of U.S. Patent No. 4,971,802; MIFAMURTIDE United States Patent and Trademark Office, Commerce. ACTION: Notice of interim patent term extension. AGENCY: 1 In comments made on the interim final sunset regulations, a number of parties stated that the proposed five-day period for rebuttals to substantive responses to a notice of initiation was insufficient. This requirement was retained in the final sunset regulations at 19 CFR 351.218(d)(4). As provided in 19 CFR 351.302(b), however, the Department will consider individual requests to extend that five-day deadline based upon a showing of good cause. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 The United States Patent and Trademark Office has issued a certificate under 35 U.S.C. 156(d)(5) for a fourth one-year interim extension of the term of U.S. Patent No. 4,971,802. FOR FURTHER INFORMATION CONTACT: Raul Tamayo by telephone at (571) 272–7728; by mail marked to his attention and addressed to the Commissioner for Patents, Mail Stop Hatch-Waxman PTE, P.O. Box 1450, Alexandria, VA 22313– 1450; by fax marked to his attention at (571) 273–7728, or by e-mail to Raul. Tamayo@uspto.gov. SUPPLEMENTARY INFORMATION: Section 156 of Title 35, United States Code, generally provides that the term of a patent may be extended for a period of up to five years if the patent claims a product, or a method of making or using a product, that has been subject to certain defined regulatory review, and that the patent may be extended for interim periods of up to a year if the regulatory review is anticipated to extend beyond the expiration date of the patent. On September 30, 2010, IDM Pharma, agent/licensee of patent owner Novartis, timely filed an application under 35 U.S.C. 156(d)(5) for a fourth interim extension of the term of U.S. Patent No. 4,971,802. Claims of the patent cover muramyl tripeptide phosphatidyl ethanolamine, which is labeled as the active ingredient in the human drug product Mifamurtide. The application indicates, and the Food and Drug Administration has confirmed, that a New Drug Application for the human drug product Mifamurtide has been filed and is currently undergoing regulatory review before the Food and Drug Administration for permission to market or use the product commercially. Review of the application indicates that, except for permission to market or use the product commercially, the subject patent would be eligible for an extension of the patent term under 35 U.S.C. 156, and that the patent should be extended for an additional year as required by 35 U.S.C. 156(d)(5)(B). Because it is apparent that the regulatory review period will continue beyond the extended expiration date of the patent (November 20, 2010), interim extension of the patent term under 35 U.S.C. 156(d)(5) is appropriate. A fourth interim extension under 35 U.S.C. 156(d)(5) of the term of U.S. Patent No. 4,971,802 was granted for a period of one year from the extended SUMMARY: E:\FR\FM\01FEN1.SGM 01FEN1

Agencies

[Federal Register Volume 76, Number 21 (Tuesday, February 1, 2011)]
[Notices]
[Pages 5563-5564]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2197]

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DEPARTMENT OF COMMERCE

International Trade Administration

Initiation of Five-Year (``Sunset'') Review

AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: In accordance with section 751(c) of the Tariff Act of 1930,
as amended (``the Act''), the Department of Commerce (``the
Department'') is automatically initiating a five-year review (``Sunset
Review'') of the antidumping duty order listed below. The International
Trade Commission (``the Commission'') is publishing concurrently with
this notice its notice of Institution of Five-Year Review which covers
the same order.

DATES: Effective Date: February 1, 2011.

FOR FURTHER INFORMATION CONTACT: The Department official identified in
the Initiation of Review section below at AD/CVD Operations, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street & Constitution Ave., NW., Washington, DC 20230.
For information from the Commission contact Mary Messer, Office of
Investigations, U.S. International Trade Commission at (202) 205-3193.

SUPPLEMENTARY INFORMATION:

Background

The Department's procedures for the conduct of Sunset Reviews are
set forth in its Procedures for Conducting Five-Year (``Sunset'')
Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516
(March 20, 1998) and 70 FR 62061 (October 28, 2005). Guidance on
methodological or analytical issues relevant to the Department's
conduct of Sunset Reviews is set forth in the Department's Policy
Bulletin 98.3--Policies Regarding the Conduct of Five-Year (``Sunset'')
Reviews of Antidumping and Countervailing Duty Orders: Policy Bulletin,
63 FR 18871 (April 16, 1998).

Initiation of Review

In accordance with 19 CFR 351.218(c), we are initiating the Sunset
Review of the following antidumping duty order:

[[Page 5564]]

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DOC case No. ITC case No. Country Product Department contact
--------------------------------------------------------------------------------------------------------------------------------------------------------
A-351-840.......................... 731-TA-1089 Brazil................ Orange Juice.......... David Goldberger, (202) 482-4136.
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Filing Information

As a courtesy, we are making information related to Sunset
proceedings, including copies of the pertinent statute and Department's
regulations, the Department schedule for Sunset Reviews, a listing of
past revocations and continuations, and current service lists,
available to the public on the Department's Internet Web site at the
following address: ``https://ia.ita.doc.gov/sunset/.'' All submissions
in these Sunset Reviews must be filed in accordance with the
Department's regulations regarding format, translation, service, and
certification of documents. These rules can be found at 19 CFR 351.303.
Pursuant to 19 CFR 351.103(d), the Department will maintain and
make available a service list for these proceedings. To facilitate the
timely preparation of the service list(s), it is requested that those
seeking recognition as interested parties to a proceeding contact the
Department in writing within 10 days of the publication of the Notice
of Initiation.
Because deadlines in Sunset Reviews can be very short, we urge
interested parties to apply for access to proprietary information under
administrative protective order (``APO'') immediately following
publication in the Federal Register of this notice of initiation by
filing a notice of intent to participate. The Department's regulations
on submission of proprietary information and eligibility to receive
access to business proprietary information under APO can be found at 19
CFR 351.304-306.

Information Required From Interested Parties

Domestic interested parties defined in section 771(9)(C), (D), (E),
(F), and (G) of the Act and 19 CFR 351.102(b) wishing to participate in
a Sunset Review must respond not later than 15 days after the date of
publication in the Federal Register of this notice of initiation by
filing a notice of intent to participate. The required contents of the
notice of intent to participate are set forth at 19 CFR
351.218(d)(1)(ii). In accordance with the Department's regulations, if
we do not receive a notice of intent to participate from at least one
domestic interested party by the 15-day deadline, the Department will
automatically revoke the order without further review. See 19 CFR
351.218(d)(1)(iii).
If we receive an order-specific notice of intent to participate
from a domestic interested party, the Department's regulations provide
that all parties wishing to participate in the Sunset Review must file
complete substantive responses not later than 30 days after the date of
publication in the Federal Register of this notice of initiation. The
required contents of a substantive response, on an order-specific
basis, are set forth at 19 CFR 351.218(d)(3). Note that certain
information requirements differ for respondent and domestic parties.
Also, note that the Department's information requirements are distinct
from the Commission's information requirements. Please consult the
Department's regulations for information regarding the Department's
conduct of Sunset Reviews.\1\ Please consult the Department's
regulations at 19 CFR part 351 for definitions of terms and for other
general information concerning antidumping and countervailing duty
proceedings at the Department.
---------------------------------------------------------------------------

\1\ In comments made on the interim final sunset regulations, a
number of parties stated that the proposed five-day period for
rebuttals to substantive responses to a notice of initiation was
insufficient. This requirement was retained in the final sunset
regulations at 19 CFR 351.218(d)(4). As provided in 19 CFR
351.302(b), however, the Department will consider individual
requests to extend that five-day deadline based upon a showing of
good cause.
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This notice of initiation is being published in accordance with
section 751(c) of the Act and 19 CFR 351.218 (c).

Dated: January 25, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2011-2197 Filed 1-31-11; 8:45 am]
BILLING CODE 3510-DS-P

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