Polyethylene Retail Carrier Bags From Thailand: Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review, 26241-26242 [2011-11124]

Download as PDF Federal Register / Vol. 76, No. 88 / Friday, May 6, 2011 / Notices 2 project funding and schedule out meeting(s). The funding is made available under Title II provisions of the Secure Rural Schools and Community SelfDetermination Act of 2000. DATE AND ADDRESS: The meeting will take place from 6:30–9 p.m. at the Feather River Ranger District Office, 875 Mitchell Avenue, Oroville, CA. FOR FURTHER INFORMATION CONTACT: (or for special needs): Lee Anne Schramel Taylor, Forest Coordinator, USDA, Plumas National Forest, P.O. Box 11500/159 Lawrence Street, Quincy, CA 95971; (530) 283–7850; or by E-MAIL eataylor@fs.fed.us. Other RAC information may be obtained at https:// www.fs.usda.gov and https:// www.fs.fed.us/srs. Dated: April 29, 2011. Matt Janowiak, Acting Deputy Forest Supervisor. [FR Doc. 2011–11079 Filed 5–5–11; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [A–549–822] Certain Frozen Warmwater Shrimp From Thailand: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Administrative Review Pursuant to Court Decision Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On April 26, 2011, the United States Court of International Trade (CIT) sustained the Department of Commerce’s (the Department’s) results of redetermination pursuant to the CIT’s remand order in Ad Hoc Shrimp Trade Action Committee v. United States, 675 F. Supp. 2d 1287 (CIT 2010). The Department is notifying the public that the final CIT judgment in this case is not in harmony with the Department’s final results and is amending the final results of the administrative review of the antidumping duty order on certain frozen warmwater shrimp from Thailand covering the period of review (POR) of February 1, 2006, through January 31, 2007. DATES: Effective Date: May 6, 2011. FOR FURTHER INFORMATION CONTACT: Kate Johnson, AD/CVD Operations, Office 2, Import Administration—International Trade Administration, U.S. Department of Commerce, 14th Street and emcdonald on DSK2BSOYB1PROD with NOTICES AGENCY: VerDate Mar<15>2010 17:26 May 05, 2011 Jkt 223001 Constitution Avenue, NW., Washington, DC, 20230; telephone (202) 482–4929. SUPPLEMENTARY INFORMATION: Background On August 29, 2008, the Department published its final results in the antidumping duty administrative review of certain frozen warmwater shrimp from Thailand covering the POR of February 1, 2006, through January 31, 2007. See Certain Frozen Warmwater Shrimp from Thailand: Final Results and Final Partial Rescission of Antidumping Duty Administrative Review, 73 FR 50933 (August 29, 2008) (Final Results). In the Final Results, the Department determined that the Rubicon Group 1 was not entitled to a constructed export price (CEP) offset. On October 24, 2008, the Rubicon Group filed a complaint with the Court challenging the Department’s determination that the Rubicon Group was not entitled to a CEP offset. On July 17, 2009, the Department requested a voluntary remand to reconsider and further explain the CEP offset issue. On December 29, 2009, the Court granted the Department’s request to reconsider and further explain its decision as to whether the Rubicon Group is entitled to a CEP offset. On June 18, 2010, the Department issued its final results of redetermination. See Final Results of Redetermination Pursuant to Court Remand, dated June 18, 2010 (Remand Results) (available at https:// ia.ita.doc.gov/remands). The remand redetermination explained that, pursuant to the Court’s remand order, the Department reconsidered the CEP offset issue with respect to the Rubicon Group and determined that the Rubicon Group was entitled to a CEP offset adjustment to normal value in the 2006– 2007 administrative review. On April 26, 2011, the CIT sustained the Remand Results. See Andaman Seafood Co., Ltd. et al. v. United States, Court No. 08– 00330, Slip Op. 11–46 (April 26, 2011). Timken Notice Consistent with the decision of the United States Court of Appeals for the Federal Circuit (CAFC) in Timken Co. v. United States, 893 F. 2d 337 (CAFC 1990) (Timken), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F. 3d 1374 (CAFC 2010), pursuant to section 516A(c) of the Tariff 1 This group is comprised of the following companies: Andaman Seafood Co., Ltd., Chanthaburi Frozen Food Co., Ltd., Chanthaburi Seafoods Co., Ltd., Phatthana Seafood Co., Ltd., Phatthana Frozen Food Co., Ltd., Thailand Fishery Cold Storage Public Co., Ltd., Thai International Seafood Co., Ltd., and Rubicon Resources, LLC (collectively, the Rubicon Group). PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 26241 Act of 1930, as amended (the Act), the Department must publish a notice of a court decision that is not ‘‘in harmony’’ with a Department determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s April 26, 2011, judgment sustaining the Department’s Remand Results with respect to the Rubicon Group constitutes a final decision of that court that is not in harmony with the Departments Final Results. This notice is published in fulfillment of the publication requirements of Timken. Accordingly, the Department will continue the suspension of liquidation of the subject merchandise pending the expiration of the period of appeal or, if appealed, pending a final and conclusive court decision. Amended Final Results Because there is now a final court decision with respect to the Rubicon Group, the Department amends its Final Results, and the weighted-average margin for the Rubicon Group for the period February 1, 2006, through January 31, 2007, is 3.00 percent. In the event the CIT’s ruling is not appealed or, if appealed, upheld by the CAFC, the Department will instruct U.S. Customs and Border Protection to assess antidumping duties on entries of the subject merchandise exported during the POR from the Rubicon Group based on the revised assessment rates calculated by the Department. This notice is issued and published in accordance with sections 516A(c)(1), 751(a)(1), and 777(i)(1) of the Act. Dated: May 2, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–11119 Filed 5–5–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–549–821] Polyethylene Retail Carrier Bags From Thailand: Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: May 6, 2011. FOR FURTHER INFORMATION CONTACT: Dustin Ross, AD/CVD Operations, Office 5, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and AGENCY: E:\FR\FM\06MYN1.SGM 06MYN1 26242 Federal Register / Vol. 76, No. 88 / Friday, May 6, 2011 / Notices Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–0747. SUPPLEMENTARY INFORMATION: International Trade Administration [A–570–826] Background At the request of interested parties, the Department of Commerce (the Department) initiated an administrative review of the antidumping duty order on polyethylene retail carrier bags from Thailand for the period August 1, 2009, through July 31, 2010. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 75 FR 60076 (September 29, 2010). The preliminary results of this administrative review are currently due no later than May 3, 2011. Extension of Time Limit for Preliminary Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), requires the Department to complete the preliminary results within 245 days after the last day of the anniversary month of an order for which a review is requested and the final results within 120 days after the date on which the preliminary results are published in the Federal Register. If it is not practicable to complete the review within these time periods, section 751(a)(3)(A) of the Act allows the Department to extend the time limit for the preliminary results to a maximum of 365 days after the last day of the anniversary month. We determine that it is not practicable to complete the preliminary results of this review by the current deadline of May 3, 2011, because we require additional time to analyze complex cost issues raised by the petitioner in this administrative review. Therefore, in accordance with section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2), we are extending the time period for issuing the preliminary results of this review by 15 days to May 18, 2011. This notice is published in accordance with sections 751(a)(3)(A) and 777(i)(1) of the Act. emcdonald on DSK2BSOYB1PROD with NOTICES DEPARTMENT OF COMMERCE Dated: May 2, 2011. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2011–11124 Filed 5–5–11; 8:45 am] BILLING CODE 3510–DS–P Paper Clips From the People’s Republic of China: Final Results of Expedited Sunset Review of Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On January 3, 2011, the Department of Commerce (‘‘the Department’’) initiated the third sunset review of the antidumping duty order on paper clips from the People’s Republic of China (‘‘PRC’’) pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). Based on the notice of intent to participate and adequate substantive response filed by a domestic interested party, and the lack of response from any respondent interested party, the Department conducted an expedited (120-day) sunset review of the antidumping duty order on paper clips from the PRC, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of this sunset review, the Department finds that revocation of the antidumping duty order would be likely to lead to continuation or recurrence of dumping, at the levels indicated in the ‘‘Final Results of Review’’ section of this notice, infra. DATES: Effective Date: May 6, 2011. FOR FURTHER INFORMATION CONTACT: Krisha Hill or Charles Riggle, 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) 482–4037 or (202) 482– 0650, respectively. SUPPLEMENTARY INFORMATION: On November 25, 1994, the Department published the antidumping duty order on paper clips from the PRC.1 On January 3, 2011, the Department published the notice of initiation of the third sunset review of the antidumping duty order on paper clips from the PRC pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). See Initiation of Five-Year (‘‘Sunset’’) Review, 76 FR 89 (January 3, 2011). On January 10, 2011, the Department received a notice of intent to participate from ACCO Brands USA LLP (‘‘ACCO’’), a domestic interested party, within the AGENCY: 1 See Antidumping Duty Order: Certain Paper Clips From the People’s Republic of China, 59 FR 60606 (November 25, 1994). VerDate Mar<15>2010 17:26 May 05, 2011 Jkt 223001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 deadline specified in 19 CFR 351.218(d)(1)(i). ACCO claimed interested parties status under section 771(9)(C) of the Act, as a producer in the United States of a domestic like product. On February 2, 2011, the Department received a complete and adequate substantive response from ACCO within 30 days of publication of the initiation. The Department did not receive a response from any respondent interested parties to this proceeding. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an expedited (120-day) sunset review of the antidumping duty order on paper clips from the PRC. Scope of the Order The products covered by the order are certain paper clips, wholly of wire of base metal, whether or not galvanized, whether or not plated with nickel or other base metal (e.g., copper), with a wire diameter between 0.025 inches and 0.075 inches (0.64 to 1.91 millimeters), regardless of physical configuration, except as specifically excluded. The products subject to the order may have a rectangular or ring-like shape and include, but are not limited to, clips commercially referred to as No. 1 clips, No. 3 clips, Jumbo or Giant clips, Gem clips, Frictioned clips, Perfect Gems, Marcel Gems, Universal clips, Nifty clips, Peerless clips, Ring clips, and Glide-On clips. The products subject to the order are currently classifiable under subheading 8305.90.3010 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Specifically excluded from the scope of the order are plastic and vinyl covered paper clips, butterfly clips, binder clips, or other paper fasteners that are not made wholly of wire of base metal and are covered under a separate subheading of the HTSUS. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. Analysis of Comments Received A complete discussion of all issues raised in this sunset review is provided in the accompanying Issues and Decision Memorandum (‘‘I&D Memo’’), dated concurrently with this notice. The issues discussed in the I&D Memo include the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail if the order is revoked. Parties can obtain a public copy of the I&D Memo from the Central Records Unit, room 7046, of the main Commerce building. In addition, a complete public E:\FR\FM\06MYN1.SGM 06MYN1

Agencies

[Federal Register Volume 76, Number 88 (Friday, May 6, 2011)]
[Notices]
[Pages 26241-26242]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11124]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-821]


Polyethylene Retail Carrier Bags From Thailand: Extension of Time 
Limit for Preliminary Results of Antidumping Duty Administrative Review

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

DATES: Effective Date: May 6, 2011.

FOR FURTHER INFORMATION CONTACT: Dustin Ross, AD/CVD Operations, Office 
5, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and

[[Page 26242]]

Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
0747.

SUPPLEMENTARY INFORMATION:

Background

    At the request of interested parties, the Department of Commerce 
(the Department) initiated an administrative review of the antidumping 
duty order on polyethylene retail carrier bags from Thailand for the 
period August 1, 2009, through July 31, 2010. See Initiation of 
Antidumping and Countervailing Duty Administrative Reviews and Requests 
for Revocation in Part, 75 FR 60076 (September 29, 2010). The 
preliminary results of this administrative review are currently due no 
later than May 3, 2011.

Extension of Time Limit for Preliminary Results

    Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the 
Act), requires the Department to complete the preliminary results 
within 245 days after the last day of the anniversary month of an order 
for which a review is requested and the final results within 120 days 
after the date on which the preliminary results are published in the 
Federal Register. If it is not practicable to complete the review 
within these time periods, section 751(a)(3)(A) of the Act allows the 
Department to extend the time limit for the preliminary results to a 
maximum of 365 days after the last day of the anniversary month.
    We determine that it is not practicable to complete the preliminary 
results of this review by the current deadline of May 3, 2011, because 
we require additional time to analyze complex cost issues raised by the 
petitioner in this administrative review. Therefore, in accordance with 
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2), we are 
extending the time period for issuing the preliminary results of this 
review by 15 days to May 18, 2011.
    This notice is published in accordance with sections 751(a)(3)(A) 
and 777(i)(1) of the Act.

    Dated: May 2, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2011-11124 Filed 5-5-11; 8:45 am]
BILLING CODE 3510-DS-P

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