Certain Frozen Warmwater Shrimp From the People's Republic of China: Extension of Final Results of the Fifth Antidumping Duty Administrative Review, 30100-30101 [2011-12799]

Download as PDF 30100 Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Notices address below. The closing period for their receipt is July 25, 2011. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to August 8, 2011. A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 2111, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the Board’s Web site, which is accessible via https:// www.trade.gov/ftz. For further information, contact Camille Evans at Camille.Evans@trade.gov or (202) 482– 2350. Dated: May 18, 2011. Andrew McGilvray, Executive Secretary. [FR Doc. 2011–12790 Filed 5–23–11; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [A–570–893] Certain Frozen Warmwater Shrimp From the People’s Republic of China: Notice of Amended Final Determination of Sales at Less Than Fair Value Pursuant to Court Decision Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: May 24, 2011. FOR FURTHER INFORMATION CONTACT: Javier Barrientos, 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– 482–2243. AGENCY: jlentini on DSK4TPTVN1PROD with NOTICES Background This matter arose from a challenge to the results in the Department of Commerce’s (‘‘Department’’) Notice of Final Determination of Sales at Less Than Fair Value: Certain Frozen and Canned Warmwater Shrimp from the People’s Republic of China, 69 FR 70997 (December 8, 2004) (‘‘Final Determination’’) and Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp From the People’s Republic of China, 70 FR 5149 (February 1, 2005) (‘‘Amended Final Determination’’). Following publication of the Amended VerDate Mar<15>2010 16:47 May 23, 2011 Jkt 223001 Final Determination, respondents 1 Allied Pacific and Yelin, filed a lawsuit with the Court of International Trade (‘‘CIT’’ or the ‘‘Court’’) challenging the Department’s Final Determination and Amended Final Determination. At issue in the litigation were the Department’s surrogate values for two inputs: raw, head-on, shell-on shrimp and hours of labor used in the production of the subject merchandise. After two court ordered remands, the Department issued its second final results of redetermination on May 21, 2009. See Allied Pacific Food (Dalian) Co. Ltd. v. United States, 716 F. Supp. 2d 1339 (Ct. Int’l Trade 2010). In its second remand redetermination, the Department calculated new surrogate values for shrimp using ranged data from the Indian shrimp producer Devi Seafoods, Ltd. (‘‘Devi’’) and adopted a new surrogate labor rate. Id. at 1342. Using these revised values, the Department determined revised antidumping duty margins of 5.07% advalorem for Allied Pacific and 8.45% ad-valorem for Yelin. Id. No party appealed the CIT’s decision. As there is now a final and conclusive court decision in this case, we are amending our final determination. pertained has been completed, the Department intends to issue instructions to U.S. Customs and Border Protection (‘‘CBP’’) fifteen days after publication of this notice notifying CBP of the lifting of these injunctions and instructing CBP to liquidate all appropriate entries, not otherwise enjoined, at the applicable rates for each review period. This notice is published in accordance with sections 735(d), 777(i), and 516A(a)(B) of the Tariff Act of 1930, as amended. Dated: May 17, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–12793 Filed 5–23–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–893] Certain Frozen Warmwater Shrimp From the People’s Republic of China: Extension of Final Results of the Fifth 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 final results of the fifth administrative review of certain frozen warmwater shrimp from the People’s Republic of China (‘‘PRC’’). The review covers the period February 1, 2009, Manufacturer/exporter Margin through January 31, 2010. Allied Pacific ......................... 5.07% DATES: Effective Date: May 24, 2011. Yelin ...................................... 8.45% FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, AD/CVD Operations, The PRC-wide rate continues to be Office 9, Import Administration, 112.81 percent as determined in the International Trade Administration, Department’s Amended Final U.S. Department of Commerce, 14th Determination. Street and Constitution Avenue, NW., Both Allied Pacific and Yelin have Washington, DC 20230; telephone: (202) received new cash deposit rates in 482–2593. subsequent reviews, so the rates listed above will not be applied as cash Background deposit rates for either company. On April 9, 2010, the Department Additionally, both Allied Pacific and published in the Federal Register a Yelin obtained preliminary injunctions notice of initiation of the fifth enjoining liquidation of all entries of administrative review of the subject merchandise during subsequent administrative review periods. Now that antidumping duty order on certain the litigation to which these injunctions frozen warmwater shrimp from the PRC. See Notice of Initiation of Administrative Reviews and Requests 1 Allied Pacific Food (Dalian) Co., Ltd., Allied for Revocation in Part of the Pacific (H.K.) Co., Ltd., King Royal Investments, Ltd., Allied Pacific Aquatic Products (Zhanjiang) Antidumping Duty Orders on Certain Co., Ltd., and Allied Pacific Aquatic Products Frozen Warmwater Shrimp From the (Zhongshan) Co., Ltd. (collectively ‘‘Allied Pacific’’) Socialist Republic of Vietnam and the and Yelin Enterprise Co. Hong Kong (‘‘Yelin’’) are People’s Republic of China, 75 FR 18154 Chinese producers of subject shrimp that were respondents in the antidumping duty investigation. (April 9, 2010). On February 14, 2011, Amended Final Determination As the litigation in this case has concluded, the Department is amending the Final Determination to reflect the results of our remand determination. The revised dumping margins for the amended final determination are as follows: PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 AGENCY: E:\FR\FM\24MYN1.SGM 24MYN1 Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Notices the Department published the preliminary results of the review. See Certain Frozen Warmwater Shrimp from the People’s Republic of China: Preliminary Results and Preliminary Partial Rescission of the Fifth Antidumping Duty Administrative Review, 76 FR 8338 (February 14, 2010). Statutory Time Limits DEPARTMENT OF COMMERCE International Trade Administration [A–570–909] Certain Steel Nails From the People’s Republic of China: Final Results of Antidumping Duty Changed Circumstances Review Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: August 1, 2009. SUMMARY: On April 21, 2011, the Department of Commerce (‘‘Department’’) published a notice of initiation and the preliminary results of the changed circumstances review with intent to revoke, in part, the antidumping duty order 1 on certain steel nails from the People’s Republic of China (‘‘PRC’’) in the Federal Register.2 The Department is now revoking the Order, in part, with regard to four specific types of steel nails. FOR FURTHER INFORMATION CONTACT: Alexis Polovina, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482–3927. AGENCY: In antidumping duty administrative reviews, section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), requires the Department to make a final determination in an administrative review of an antidumping duty order 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 120 day period to 180 days after the preliminary results if it determines it is not practicable to complete the review within the foregoing time period. Extension of Time Limit for Preliminary Results of Review We determine that it is not practicable to complete the final results of the fifth administrative review of certain frozen warmwater shrimp from the PRC within the 120 day time limit because the Department requires additional time to analyze case and rebuttal briefs. Therefore, in accordance with section 751(a)(3)(A) of the Act, the Department is extending the time period for completion of the final results of this review, which is currently due on June 14, 2011, by 60 days to 180 days after the date on which the preliminary results were published. Therefore, the final results are now due no later than August 13, 2011.1 We are issuing and publishing this notice in accordance with sections 751(a)(3)(A) and 777(i) of the Act. Dated: May 18, 2011. Christian Marsh, Deputy Assistant Secretary, for Antidumping and Countervailing Duty Operations. [FR Doc. 2011–12799 Filed 5–23–11; 8:45 am] Background On February 11, 2011, Mid Continent Nail Corporation (‘‘Petitioner’’) submitted a request for a changed circumstances review to revoke, in part, Order with respect to four specific types of steel nails. Between February 22, 2011, and March 24, 2011, the Department received comments on behalf of Itochu Building Products (‘‘IBP’’), National Nail Corp. (‘‘National Nail’’), and United Sources Inc. (‘‘United Sources’’), supporting Petitioner’s request for partial revocation of the Order, requesting the Department select the date of the preliminary determination of the original investigation as the effective date of the revocation, and requesting that the Department conduct an expedited review. On March 4, 2011, Department officials spoke with counsel representing Petitioner to clarify an inconsistency regarding the effective date identified in Petitioner’s request.3 jlentini on DSK4TPTVN1PROD with NOTICES BILLING CODE 3510–DS–P 1 Because August 13, 2011, falls on a Saturday, the actual date for the final results will be the next business day, August 15, 2011. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). VerDate Mar<15>2010 16:47 May 23, 2011 Jkt 223001 1 See Notice of Antidumping Duty Order: Certain Steel Nails From the People’s Republic of China, 73 FR 44961 (August 1, 2008) (‘‘Order’’). 2 See Certain Steel Nails from the People’s Republic of China: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 76 FR 22369 (April 21, 2011) (‘‘Initiation and Preliminary Results’’). 3 See Memorandum to the File, From Alexis Polovina, Case Analyst, Regarding Changed PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 30101 On March 8, 2011, counsel representing IBP met with Department officials to discuss the effective date of the proposed revocation, in part.4 On April 21, 2011, the Department published a notice of Initiation and Preliminary Results of changed circumstances review with intent to revoke, in part, the Order with regard to four specific types of steel nails. We invited parties to submit comments for consideration in the Department’s Final Results. None were received. Scope of the Changed Circumstances Review The merchandise covered by this changed circumstances review are four specific types of steel nails from the PRC that meet the following criteria: (1) Non-collated (i.e., hand-driven or bulk), two-piece steel nails having plastic or steel washers (caps) already assembled to the nail, having a bright or galvanized finish, a ring, fluted or spiral shank, an actual length of 0.500″ to 8″, inclusive; and an actual shank diameter of 0.1015″ to 0.166″, inclusive; and an actual washer or cap diameter of 0.900″ to 1.10″, inclusive. (2) Non-collated (i.e., hand-driven or bulk), steel nails having a bright or galvanized finish, a smooth, barbed or ringed shank, an actual length of 0.500″ to 4″, inclusive; an actual shank diameter of 0.1015″ to 0.166″, inclusive; and an actual head diameter of 0.3375″ to 0.500″, inclusive. (3) Wire collated steel nails, in coils, having a galvanized finish, a smooth, barbed or ringed shank, an actual length of 0.500″ to 1.75″, inclusive; an actual shank diameter of 0.116″ to 0.166″, inclusive; and an actual head diameter of 0.3375″ to 0.500″, inclusive. (4) Non-collated (i.e., hand-driven or bulk), steel nails having a convex head (commonly known as an umbrella head), a smooth or spiral shank, a galvanized finish, an actual length of 1.75″ to 3″, inclusive; an actual shank diameter of 0.131″ to 0.152″, inclusive; and an actual head diameter of 0.450″ to 0.813″, inclusive. In accordance with sections 751(b), 751(d), and 782(h) of the Tariff Act of 1930, as amended (‘‘Act’’) and 19 CFR 351.216, the Department determines that there is a reasonable basis to believe that changed circumstances exist sufficient to warrant partial revocation of the Order. Therefore, the Department is revoking the Order, in part, with regard to the products described above. Effective August 1, 2009, the amended scope of the Order will read as follows: Circumstances Review (‘‘CCR’’) of Certain Steel Nails from the People’s Republic of China (‘‘PRC’’): Phone Call with Petitioner, dated March 4, 2011. 4 See Memorandum to the File, Alex Villanueva, Program Manager, Office 9, Import Administration, From Timothy Lord, Analyst, Office 9, Import Administration, Regarding Certain Steel Nails from the People’s Republic of China: Meeting with Outside Party, dated March 9, 2011. E:\FR\FM\24MYN1.SGM 24MYN1

Agencies

[Federal Register Volume 76, Number 100 (Tuesday, May 24, 2011)]
[Notices]
[Pages 30100-30101]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12799]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-893]


Certain Frozen Warmwater Shrimp From the People's Republic of 
China: Extension of Final Results of the Fifth Antidumping Duty 
Administrative Review

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

SUMMARY: The Department of Commerce (``Department'') is extending the 
time limit for the final results of the fifth administrative review of 
certain frozen warmwater shrimp from the People's Republic of China 
(``PRC''). The review covers the period February 1, 2009, through 
January 31, 2010.

DATES: Effective Date: May 24, 2011.

FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, 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) 482-2593.

Background

    On April 9, 2010, the Department published in the Federal Register 
a notice of initiation of the fifth administrative review of the 
antidumping duty order on certain frozen warmwater shrimp from the PRC. 
See Notice of Initiation of Administrative Reviews and Requests for 
Revocation in Part of the Antidumping Duty Orders on Certain Frozen 
Warmwater Shrimp From the Socialist Republic of Vietnam and the 
People's Republic of China, 75 FR 18154 (April 9, 2010). On February 
14, 2011,

[[Page 30101]]

the Department published the preliminary results of the review. See 
Certain Frozen Warmwater Shrimp from the People's Republic of China: 
Preliminary Results and Preliminary Partial Rescission of the Fifth 
Antidumping Duty Administrative Review, 76 FR 8338 (February 14, 2010).

Statutory Time Limits

    In antidumping duty administrative reviews, section 751(a)(3)(A) of 
the Tariff Act of 1930, as amended (``the Act''), requires the 
Department to make a final determination in an administrative review of 
an antidumping duty order 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 120 day period to 180 days 
after the preliminary results if it determines it is not practicable to 
complete the review within the foregoing time period.

Extension of Time Limit for Preliminary Results of Review

    We determine that it is not practicable to complete the final 
results of the fifth administrative review of certain frozen warmwater 
shrimp from the PRC within the 120 day time limit because the 
Department requires additional time to analyze case and rebuttal 
briefs.
    Therefore, in accordance with section 751(a)(3)(A) of the Act, the 
Department is extending the time period for completion of the final 
results of this review, which is currently due on June 14, 2011, by 60 
days to 180 days after the date on which the preliminary results were 
published. Therefore, the final results are now due no later than 
August 13, 2011.\1\
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    \1\ Because August 13, 2011, falls on a Saturday, the actual 
date for the final results will be the next business day, August 15, 
2011. See Notice of Clarification: Application of ``Next Business 
Day'' Rule for Administrative Determination Deadlines Pursuant to 
the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).
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    We are issuing and publishing this notice in accordance with 
sections 751(a)(3)(A) and 777(i) of the Act.

    Dated: May 18, 2011.
Christian Marsh,
Deputy Assistant Secretary, for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2011-12799 Filed 5-23-11; 8:45 am]
BILLING CODE 3510-DS-P

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