Persulfates From the People's Republic of China: Final Results of the 2009-2010 Antidumping Duty Administrative Review, 28419-28420 [2011-12093]

Download as PDF Federal Register / Vol. 76, No. 95 / Tuesday, May 17, 2011 / Notices Signed at Washington, DC, this 6th day of May 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration, Alternate Chairman, ForeignTrade Zones Board. Andrew McGilvray, Executive Secretary. [FR Doc. 2011–12090 Filed 5–16–11; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [A–533–820] Certain Hot-Rolled Carbon Steel Flat Products From India: Notice of Extension of Time Limit for the Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. FOR FURTHER INFORMATION CONTACT: Christopher Hargett, 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) 482–4161. Emcdonald on DSK2BSOYB1PROD with NOTICES AGENCY: Background On January 29, 2010, the Department published a notice of initiation of the antidumping duty administrative review of certain hot-rolled carbon steel flat products from India for the period December 1, 2008, through November 30, 2009. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, Request for Revocation in Part, and Deferral of Initiation of Administrative Review, 75 FR 4770 (January 29, 2010). On September 14, 2010, in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), the Department extended the deadline for the preliminary results by 120 days. See Certain Hot–Rolled Carbon Steel Flat Products from India: Extension of Time Limit for Preliminary Results of the Antidumping Duty Administrative Review, 75 FR 55742 (September 14, 2010). On January 13, 2011, the Department published in the Federal Register, the Preliminary Results of this review. See Certain Hot-Rolled Carbon Steel Flat Products From India: Notice of Preliminary Results of Antidumping Duty Administrative Review, 76 FR 2344 (January 13, 2011) (Preliminary Results). The final results of this review are currently due no later than May 13, 2011. VerDate Mar<15>2010 16:21 May 16, 2011 Jkt 223001 Extension of Time Limit of the Final Results Section 751(a)(3)(A) of the Act, requires the Department to issue the final results of a review within 120 days after the date on which the preliminary results are published. However, if it is not practicable to complete the review within that time period, section 751(a)(3)(A) of the Act allows the Department to extend the time limit for the final results to a maximum of 180 days. See 19 CFR 351.213(h)(2). We determine that it is not practicable to complete the final results of this review within the original time limit because the Department needs additional time to evaluate information on the record and arguments raised by parties with respect to Tata Steel Limited’s single entry of subject merchandise. Therefore, the Department is fully extending the time limit for the final results to July 12, 2011, in accordance with section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2). This notice is published pursuant to sections 751(a)(1) and 777(i)(1) of the Act. Dated: May 10, 2011. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2011–12069 Filed 5–16–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–878] Persulfates From the People’s Republic of China: Final Results of the 2009–2010 Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On March 11, 2011, the Department of Commerce (‘‘Department’’) published its Preliminary Results for the administrative review of the antidumping duty order on persulfates from the People’s Republic of China (‘‘PRC’’) covering the period July 1, 2009, through June 30, 2010.1 We invited interested parties to comment on our Preliminary Results. FMC Corporation (‘‘FMC’’), a domestic producer of persulfates and an interested party in this review, commented that it fully AGENCY: 1 See Persulfates From the People’s Republic of China: Preliminary Results of the 2009–2010 Antidumping Duty Administrative Review, 76 FR 13358 (March 11, 2011) (‘‘Preliminary Results’’). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 28419 supports our Preliminary Results. No other party submitted comments. Therefore, the Preliminary Results are hereby adopted as the final results. DATES: Effective Date: May 17, 2011. FOR FURTHER INFORMATION CONTACT: Brandon Petelin 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) 482–8173 and (202) 482–0650, respectively. SUPPLEMENTARY INFORMATION: Background On March 11, 2011, the Department published its Preliminary Results for the administrative review of the antidumping duty order on persulfates from the PRC covering the July 1, 2009, through June 30, 2010, period of review (‘‘POR’’). For the Preliminary Results, because United Initiators (Shanghai) Co., Ltd. (‘‘United Initiators’’) did not respond to the Department’s questionnaire, we were unable to determine if United Initiators was eligible for a separate rate.2 United Initiators did not rebut the Department’s presumption of government control and was, therefore, presumed to be part of the PRC-wide entity. Further, in accordance with sections 776(a)(2)(A) and (B) of the Tariff Act of 1930, as amended (‘‘Act’’), because the PRC-wide entity (including United Initiators) failed to cooperate to the best of its ability by not responding to our questionnaire, we found it appropriate to use adverse facts available.3 On March 21, 2011, FMC submitted comments stating that it fully supports the Department’s Preliminary Results. No other party submitted comments. Scope of the Order The products covered by this review are persulfates, including ammonium, potassium, and sodium persulfates. The chemical formula for these persulfates are, respectively, (NH4)2S2O8, K2S2O8, and Na2S2O8. Potassium persulfates are currently classifiable under subheading 2833.40.10 of the Harmonized Tariff Schedule of the United States 2 On October 8, 2010, the Department confirmed that United Initiators signed for and received our mailing of the antidumping duty questionnaire. United Initiators did not respond to the Department’s antidumping duty questionnaire. On January 3, 2011, the Department placed on the record of this administrative review the UPS International Air Waybill receipt and delivery confirmation for the questionnaire issued to United Initiators to confirm that we mailed, and United Initiators received and signed for, the questionnaire. 3 See Preliminary Results. E:\FR\FM\17MYN1.SGM 17MYN1 28420 Federal Register / Vol. 76, No. 95 / Tuesday, May 17, 2011 / Notices (‘‘HTSUS’’). Sodium persulfates are classifiable under HTSUS subheading 2833.40.20. Ammonium and other persulfates are classifiable under HTSUS subheadings 2833.40.50 and 2833.40.60. Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of this review is dispositive. and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporters that supplied that nonPRC exporter. These deposit requirements shall remain in effect until further notice. Notification of Interested Parties This notice also serves as a final reminder to importers of their On March 21, 2011, FMC submitted responsibility under 19 CFR comments stating that it fully supports 351.402(f)(2) to file a certificate our Preliminary Results. Because no regarding the reimbursement of other party commented on the antidumping duties prior to liquidation Preliminary Results, we have adopted of the relevant entries during this the Preliminary Results as the final review period. Failure to comply with results, including the margin this requirement could result in the determined therein.4 Secretary’s presumption that reimbursement of the antidumping Final Results of Review duties occurred and the subsequent We find that the following weightedassessment of double antidumping average dumping margin exists for the duties. This notice also serves as a July 1, 2009, through June 30, 2010, reminder to parties subject to POR: administrative protective order (‘‘APO’’) of their responsibility concerning the Margin return or destruction of proprietary Manufacturer/Exporter (percent) information disclosed under APO in PRC–Wide Entity * ...................... 119.02 accordance with 19 CFR 351.305, which continues to govern business * The PRC-wide entity includes United proprietary information in this segment Initiators. of the proceeding. Timely written notification of the return/destruction of Assessment Rates APO materials or conversion to judicial The Department has determined, and protective order is hereby requested. U.S. Customs and Border Protection (‘‘CBP’’) shall assess, antidumping duties Failure to comply with the regulations and terms of an APO is a violation that on all appropriate entries covered by is subject to sanction. this review. The Department intends to This notice of the final results of this issue assessment instructions to CBP 15 administrative review is issued and days after the publication date of the published in accordance with sections final results of this review. 751(a)(1) and 777(i)(1) of the Act. Cash Deposit Requirements Dated: May 10, 2011. Emcdonald on DSK2BSOYB1PROD with NOTICES Analysis of Comments Received The following deposit requirements will be effective upon publication of this notice of final results of administrative review for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(2)(C) of the Act: (1) For the PRCwide entity (which includes United Initiators), the cash deposit rate will be the PRC-wide rate established in these final results of review; (2) for previously investigated or reviewed PRC and nonPRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC-wide rate; 4 See id. VerDate Mar<15>2010 16:21 May 16, 2011 Jkt 223001 Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–12093 Filed 5–16–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–905] Certain Polyester Staple Fiber From the People’s Republic of China: Full Extension of Preliminary Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) is extending the time limit for the preliminary results of the AGENCY: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 administrative review of certain polyester staple fiber from the People’s Republic of China (‘‘PRC’’). This review covers the period June 1, 2009, through May 31, 2010. DATES: Effective Date: May 17, 2011. Jerry Huang or Steven Hampton, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–4047 or (202) 482– 0116, respectively. FOR FURTHER INFORMATION CONTACT: Background On July 28, 2010, the Department published in the Federal Register a notice of initiation of the administrative review of the antidumping duty order on certain polyester staple fiber from the PRC. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocations in Part, 75 FR 44224 (July 28, 2010). The preliminary results of this review are currently due no later than May 31, 2011. Statutory Time Limits Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), requires the Department to issue 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. However, 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 determination to a maximum of 365 days after the last day of the anniversary month. Although we previously extended the 245-day period by 90 days for completion of the review, we have determined that completion of the preliminary results of this review within the extended 335-day period is not practicable because the Department needs additional time to complete verification reports. Because it is not practicable to complete this review within the extended 335-day time period, we are fully extending the time limit for completion of the preliminary results of this administrative review by 30 days. The preliminary results will now be due no later than June 30, 2011. The final results continue to be due 120 days after the publication of the preliminary results. E:\FR\FM\17MYN1.SGM 17MYN1

Agencies

[Federal Register Volume 76, Number 95 (Tuesday, May 17, 2011)]
[Notices]
[Pages 28419-28420]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12093]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-878]


Persulfates From the People's Republic of China: Final Results of 
the 2009-2010 Antidumping Duty Administrative Review

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

SUMMARY: On March 11, 2011, the Department of Commerce (``Department'') 
published its Preliminary Results for the administrative review of the 
antidumping duty order on persulfates from the People's Republic of 
China (``PRC'') covering the period July 1, 2009, through June 30, 
2010.\1\ We invited interested parties to comment on our Preliminary 
Results. FMC Corporation (``FMC''), a domestic producer of persulfates 
and an interested party in this review, commented that it fully 
supports our Preliminary Results. No other party submitted comments. 
Therefore, the Preliminary Results are hereby adopted as the final 
results.
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    \1\ See Persulfates From the People's Republic of China: 
Preliminary Results of the 2009-2010 Antidumping Duty Administrative 
Review, 76 FR 13358 (March 11, 2011) (``Preliminary Results'').

---------------------------------------------------------------------------
DATES: Effective Date: May 17, 2011.

FOR FURTHER INFORMATION CONTACT: Brandon Petelin 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-
8173 and (202) 482-0650, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 11, 2011, the Department published its Preliminary Results 
for the administrative review of the antidumping duty order on 
persulfates from the PRC covering the July 1, 2009, through June 30, 
2010, period of review (``POR''). For the Preliminary Results, because 
United Initiators (Shanghai) Co., Ltd. (``United Initiators'') did not 
respond to the Department's questionnaire, we were unable to determine 
if United Initiators was eligible for a separate rate.\2\ United 
Initiators did not rebut the Department's presumption of government 
control and was, therefore, presumed to be part of the PRC-wide entity. 
Further, in accordance with sections 776(a)(2)(A) and (B) of the Tariff 
Act of 1930, as amended (``Act''), because the PRC-wide entity 
(including United Initiators) failed to cooperate to the best of its 
ability by not responding to our questionnaire, we found it appropriate 
to use adverse facts available.\3\ On March 21, 2011, FMC submitted 
comments stating that it fully supports the Department's Preliminary 
Results. No other party submitted comments.
---------------------------------------------------------------------------

    \2\ On October 8, 2010, the Department confirmed that United 
Initiators signed for and received our mailing of the antidumping 
duty questionnaire. United Initiators did not respond to the 
Department's antidumping duty questionnaire. On January 3, 2011, the 
Department placed on the record of this administrative review the 
UPS International Air Waybill receipt and delivery confirmation for 
the questionnaire issued to United Initiators to confirm that we 
mailed, and United Initiators received and signed for, the 
questionnaire.
    \3\ See Preliminary Results.
---------------------------------------------------------------------------

Scope of the Order

    The products covered by this review are persulfates, including 
ammonium, potassium, and sodium persulfates. The chemical formula for 
these persulfates are, respectively, 
(NH4)2S2O8, 
K2S2O8, and 
Na2S2O8. Potassium persulfates are 
currently classifiable under subheading 2833.40.10 of the Harmonized 
Tariff Schedule of the United States

[[Page 28420]]

(``HTSUS''). Sodium persulfates are classifiable under HTSUS subheading 
2833.40.20. Ammonium and other persulfates are classifiable under HTSUS 
subheadings 2833.40.50 and 2833.40.60. Although the HTSUS subheadings 
are provided for convenience and customs purposes, our written 
description of the scope of this review is dispositive.

Analysis of Comments Received

    On March 21, 2011, FMC submitted comments stating that it fully 
supports our Preliminary Results. Because no other party commented on 
the Preliminary Results, we have adopted the Preliminary Results as the 
final results, including the margin determined therein.\4\
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    \4\ See id.
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Final Results of Review

    We find that the following weighted-average dumping margin exists 
for the July 1, 2009, through June 30, 2010, POR:

------------------------------------------------------------------------
                                                                Margin
                    Manufacturer/Exporter                      (percent)
------------------------------------------------------------------------
PRC-Wide Entity *...........................................      119.02
------------------------------------------------------------------------
* The PRC-wide entity includes United Initiators.

Assessment Rates

    The Department has determined, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries covered by this review. The Department intends to 
issue assessment instructions to CBP 15 days after the publication date 
of the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(2)(C) of the Act: (1) For the PRC-wide 
entity (which includes United Initiators), the cash deposit rate will 
be the PRC-wide rate established in these final results of review; (2) 
for previously investigated or reviewed PRC and non-PRC exporters not 
listed above that have separate rates, the cash deposit rate will 
continue to be the exporter-specific rate published for the most recent 
period; (3) for all PRC exporters of subject merchandise that have not 
been found to be entitled to a separate rate, the cash deposit rate 
will be the PRC-wide rate; and (4) for all non-PRC exporters of subject 
merchandise which have not received their own rate, the cash deposit 
rate will be the rate applicable to the PRC exporters that supplied 
that non-PRC exporter. These deposit requirements shall remain in 
effect until further notice.

Notification of Interested Parties

    This notice also serves as a final 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 the antidumping duties occurred and the subsequent 
assessment of double antidumping duties. 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 that is subject to 
sanction.
    This notice of the final results of this administrative review is 
issued and published in accordance with sections 751(a)(1) and 
777(i)(1) of the Act.

    Dated: May 10, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-12093 Filed 5-16-11; 8:45 am]
BILLING CODE 3510-DS-P